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VAUDEVILLE Friday, April 7. 1922 ELECnVE FACTION IN LOCAL 802 STRENGTHENS POSITION Advocates of Change in Present Appointive Govern- ment in Musicians' Union Lining Up Supporters —May Carry Fight to Federation of Labor Should the faction in loral 802 of the American Federation of Mu- sicians fail to secure their objective, the eHtablishnient of an elective system of goverunient instead of the present appointive system in the appeal scheduled to be made before tlie convention of the Amer- ican Federation of Musicians at (Jrand Rapids, May 8, the matter will be taken to the highest labor court in the land, the Americjin Federation of Labor, whose con- vention is to be held the lirst week in June at Cincinnati. The chances of the "electi\G fac- tion" In 802 winning out against the element advocating the con- tinuance of the appointive system appeared much brighter than hith- erto this week, when reports from Detroit, Kansas City, Chicago. Phil- adelphia and Minneapolis indicated that the locals of the five cities mentioned would support the "elec- tive faction" in their efforts to gf't the A. F. of ^^. convention to direct the executive committee to order an election of otilcers in No. S02 and continue that system of goverimic'it thereafter. It is conceded now by advocates of the "appointive system" in 802 that the "elcctives ' have a dr-ided- Jy fair cliance of carrying their point in the convention. To Print Paper In order that the 800 out-of-town locals of the American Federation of Musicians mny be advised of their side of the mfftter. Musical Mutual Protective Union, formerly 310 of the A. F. of M., v ill get out a weekly paper, beginning next week. The reason for the AT. M. V. V. gotting the paper out is that the M. M. P. v., which was succeeded by the present Local 802, repre- sents within its membership most of the No. 802 men who want the elective system inaugurated. Leaders of the M. M. p. v., who are likewi.se leaders of the "elective faction" in No. 802. strenuously objected to the appellation of "radi- cals," claimed to have been applied to them by their opponents. The M. M. P. IT. men. all American citizens and most native born, stated they were f;ir from radical', and pointed out the assertion was baseless. All that the electivt-s ask, It is claimed, Is the abolishment of (Continued on page 31) KEITH WlDIO BAN New Specific Conditions Appear Barring Clause "No. 8." in This week new contracts went into effect on the Keith time, carry- ing an addition to the barring clause to include the radiophones. The amended clause reads: 'The artist will not perform for any other person between the date hereof and the end of this engage- ment, either publicly or at olubs or private entertaiimients in the city mentioned in paragraph T hereof, nor anywhere by or througli the means of radiophone unb'ss con- sented to in writing by the man- ager." FIRST "BISSETT" INSANE Johnny Srott brer-zed into town this wek with a golf bag full of new ea)ies. some jiew spring scenery and a homemade radiophone pur- rhased in Detroit for $.'.. fcioolly is a student of the \u\\ fad. Kn route to New Voik Srotty stopped off at .Matteawan Asylum to play a show for the inmatos, and wa.«i surprised to discov«'r ajuong th« patients his oiiginal partner. William McCux'mh, wIk) «>t,ibii.sii.-,l the name of Bissett whicU .^rotiy has retained with his own for iiir tfiim title (.f nissett and S.-ott. J!i.s.'^< tt became diincntrd \*u y^ars ago, hut his pailn«'r tnub r- stood ho was nti \V;iids Inland. Tf-n yrars ago liissett was appro- li^iidfd in P.rooklyn and, because he liad a knifo in his pos.se.^-siim, was vent to the institution for tlu' crim- inal lnsa)K\ Scf)tty his hr.d eight differ*'It 'jlissflts' .slnr'o -\Ic<;ov- Watc.rfor FRANK VAN HOVEN'SJ BIG ADV., Week After Next STAGE HYPNOTIST FAILS WITH ALLEGED BURaAR Couldn't Secure Confession But Puts Scoffing De- tectives to Sleep 5. IJtica. N. y., Apr.l J. .T. <'lifford, who ai)pearod as a hypotist in Keith vaurtevillo at the (laifty here, attempted in vain to put a yoimg man charged with bur- glary to "sleep' in onkr to gain a confession from him. Mr. Clifford had annoMn«'ed ho had made a practice of getting con- fessions from persjns ac<used of crime and was summoned when the alttnipts of ofllcera lo get a full .slo»-y faile«1. lie came to Ihe police ^^tation in full dress suit, his stage clothes. "Do you believe in h\pnotism?* Cliffonl asked the young man. *'l dont believe in anythiMg," was the rf'^ponse. "I'm sick." Clifford told him ho -. ould cure him and set about to induce hyp- nosis. Tiie subject grinned, al- ihoi;;h Clifford .sa. •. he could put one to sleep against his will. The hypnotist worked long and hard but with no suocesB. Two detectives laughed at the dtnioni^tration, I ut putting tluni to slirp was a simple mailer. They aie now "believers.' ROW AT CLEVELAND, OHIO Show Sunday Night Starts Fuss— Shubert Booking Denied Cleveland, April 5. Police were called Sunday night to a disturbance at the OJiio theatre when patrons, dis.satisfied with the progiam, went to the box olhcc and demanded the return of their money. Ceorgo Fox, who was lo assume managemfnt of tho hous." .Sunday, did not lake up his new duties until Monday. In speaking of the ))rogram, Fo.x said that a.s a special attraction Sunday Eddie Cantor was booked at a cost of $1,000 for two per- formances. C. R Kees, one of (he audience, said that after the last act IJddie Cantor came out and apologized, telling tlie audience the bill was not regular Shubert vaudeville. In addition lo Kddie Cantor, who played the llanna last woek with the "Make Jt Snap|)y" company, and who stayed over Sunday to play the Ohio; Danold McAdam and company, Scotch comedian and Highland dancers; Davis and Kitty; Mona Grey and Sister, singers; HIlis and Carnet; Reiff Bros., «lancers, and a Paul White- man jazz band (from Carlton Ter- race restaurant) were on tiie bill. Fox denied responsibility for the bookings. The hou.se has been dark since Sunday, ard.a vaud«vilIo bill is promised for next w^ek, hut no details arc available ^et. Shubert vaudeville end/»d otncially Saturday night, but the .Sunday night affair carried the heading "Shubert Vaudoville." SUN TIME UP-STATE Syiacuse theatri«Ml man.igers, from all urf.. u iiidieat ions, have insured ihe rrpoal of (be daylight .•saving ordiii.incc. The light a;^aiiist .;a> light s.av- ing launclu'd l.y tho UkmI th<«atiiral iiitne.ts is sweoping over (Im dis- tri».f. and it .'»)ks as • though no l^Mitral .\'<w York city will «»hscrvo the w,ir-(in">e ciistorr. of clumKiiig HARRY HOLMAN in "HARD BOILED HAMPTON" Finishing this week (Ai)ril 3) at Majj'stic. Chicago, a complete tour of the Orpheum Circuit. Booked Solid Keith Circuit till .liily 17. SAIL .UFA' l.'i Foil Kl'KOPK. Thanks lo managers for past ft'lVOIS. Direction TH03. J. FITZGERALD NO MUSIC AFTER APRIL 30, ST. LOUIS SHOWMEN'S THREAT High Wages and Full Complement of Men Would Close 75 Per Cent, of Houses—Expense Must Be Reduced, Managers' Ultimatum TOWN ENCOURAGES STAGE ENTENTE Houston, Texas, Holds Get- Toqether Meetings with Visiting Players I lie clocks his jcn- .Maj'tin, man u,'«r of I'clx 1 lure, ti.ok th* thi' "^iiap. FlMUi is 1\ llif Hobbiiis- initia!i\<' in ± Ccflst Orphcum's Closing San Frai)ris«o, Apr.l 5. Tlio (.'aliforni.-x Valley Oiphcums will c'ose for the suminrr on M.iy -7, according to am '^"ucement here eviv SMITH AND DALE CASE <Continued from pape 1) stnitinpr Thur.sday in the U. S. Cir- cuit Court of Appeals. The hrief recites: ' Summarii;ing the testimony of the e,\j)ert critics we learn that Smith and Dale could sinj. danoc and play Jewish character parts in a restaurant scene: and s imetinjes Smith covild 'look like an Arab.' They sing, but neither of Ihvm ever render a solo. They dance, but not even with ordinary grace or ability. Ninety-nine out of every bundled 'vaudevillians* dance, but to say of one that he can dance means noth- ing. Their dialect characterizations are of the usual nasal, stagey kind; their comedy is as testified, low, ir- reverent and of the slap-stick variety. From this testimony it is clear that the routine of Smith and Dale is by no means a fine art; It is an industry. What they do. most any other ordinary comedian can do. "In speaking as we do so lightly of the talents of the defemlant.^, we are vouchsafed In our opinion by (Jeorgo IJcrnard Shaw, who in his •Dramatic Opinions and Essays' discusses such character of comics as will be gleaned from a reading of the following excerpt from his 'essays': Tne way to work every act of a com('<ly up to a rattling finish is to upset chairs, smash plate.s, make all the women faint and all the men tumble on onj another. • • • The truth is, all this knockabout stuff, these coarse jdoasantries about women's pet- ticoats, Katzenjam.ner, and so forth, belong not to American civilization, but to American bar- barism. The more he tries to hus- tle and bu.stle me Into enjoying myself, the more does it put me on the most melancholy dignity, and sets me reflecting funereally on the probable future of the race nursed on such anrj.«.ementa. To save myself from pessimism 1 have tw remind myself tha. neith- er in America nor here is the test for them a mature test, and that the Americans in particular are so far from being its partisans that they rate English actirg and Fnglish methods far higher than wo do our.eelvc.5. -•' "The mechanical horse-play r-om- edy of the defendants in a tia\osty of a cheap-restaurant scene neitin'r requires nor reflects any special skill of porr.onality or otherwise in its rendering. "The fact that tlientriral booking agents, who show no sympt jms of possessing even the elementary qualifications to judge drama or foniedy so <'loquenlly and will) so much ease rr-gard such i)e'formers, Smith an«l Dale, us ex^aordinary. bespeaks not American cpirion, but tnerely t!)e expression of ilKir own crude .srnse for crude <'njoyment. One of thrse booking aKcnt t-iltjcs rcfernd to lUo^e perfoimors a?, ihe TilTany of them al!,' hut ina<lver- tcntly she Ik trayed ln-r vii-wpoint by .'HMiiig that slie wish<d slic booked tin- act. "The «let"nninu^ of tli*^ ;kill .mu arti.-try of ;»n aiior <lors not i« st upon hi^ ability to 'g<-t i vrr.' In the lirst an<l last analysis it rosts upon the histrioni.- <iualiIications of tl!»' player of a distlngiiishing charac Houston, Texas. April 3. The city adtninistratlon and lead- ing business interests of this city are interested in a movement to es- tablish a friendly feeling with the stage folk who play here from time lo lime. To this end the Stage and Screen Club has been formed and meets weekly in the Rice Hotel. Local men and visiting players get to- gether for a friendly exchange of views, and the performers offer an entertainment sometimes over luncheon. -^he institution was inspired by the theati»ical managers who take this means of checkmating un- friendly regulation of the theatre such as Sunday show prohibition and criticism ot the screen, on the theory that if representative res- idents become acquainted with the personnel of the theatre criticism will be disarmed. Mayor Holcombe attends regijlarly. The idea is framed somewhat on that of local Rotary clubs designed lo cement friendly relations between local bu.s- Iness interests for the prv)motion of harmony. Murray lavingston was |>resent at a meeting recently as guest of Manager Brownlee. EVELYN'S COME-BACK Takes Partner for Cabaret Dancing Act in Atlantic City Atlantic City. April 5. Martin Ferrari, formerly of Na- talie and Ferrari, has been engaged by Harry Katz to dance with Evelyn Nesbit at the La Marne cabaret here. Atlantic City i;} do- ing good business all over, and Katz's place is prosperous. Miss Nesbit has gained 18 pounds since coming here after her several melodramatic experiences in New York, winding up her career as a restaurant proprietor. She plans to return to vaudeville in the fall. BUSHMAN-BAYNE RECORD Indianapolis, April 5. Francis X. Rushman and Beverly Bayne, the former picture stars who played an engagement at Keith's here last wfck, are reported as hav- ing broken the attendance record for thp house for the current season, held by Mildred Harris, cx-wlfe of Charley Chaplin. The attendance figures were set by Miss Harris several weeks ago at Keiths when Miss Harris played the house in her vaudeville sketch, "Breaking Into the Movies." ter. based upon high artistic stand- ards. Smith and Dale are simply ordinary successful vaudeville per^ formers. \ - no measure of stand- ard can they be classified as espe- cially skillful or artistic, and it was error of the cojut below to rey:ard them so." The Smith and Dale brief curries a list of comi)araiivc .salaries paid vaudevlllian.s. li.sting iliein as fol- lows: Certrudo Hoffman, ti.'.Oi, wo..kly; Walter Kelly. $:,00 weekly; .lulien Fltinge. $1..'»00 or possibly $L'.500 weekly; Dugau tKc Raymond, possi- bly $SO0 weekly; Williams <'C: ^^'olfus, possil)ly $1,100 woekly; llattie King. $1,100 weekly: Frl.sco. $1,000 and possibly $1.7.-,0 wr«'kly; Dorothy .T..rd<.ri, SLnoo ^^«■<kly; Ben WrLli. $700 weekly. .linimy Jlussey, $1,000 wtM-kly; W.llin-ton Cros.-t, $000 weekly; RcV- nar«l Cranvjllo, i-elween I'.ioo and $1,000 weeidy; Frank Tinnev. be- twen $1,000 atul $l,2.-,0 weekly; <'.allaK>ier ^st Shean, $1,000 weekly; ■Julius Tannen, between $fi(io arul $S00 weekly; IMdic J.eon.ird, over ^1,000 weekly. St. Louis, April 5. The board of directors of the Mu- sicians* Mutual Association met for several hours yesterday to con.sider an ultimatum they received from the theatre managers here, but would make no statement following the meeting. The theatre managers sent the ultimatum when the musi- cians' union ofTlcIals failed to reply to their request for a wage reduc- tion, as printed In Variety. The ultimatum says, in part: "Since May 1 almost 75 per cent, of our houses have shown substaii- lial losses to their owners, and while tne attendance has shown a decrease of 35 per cent, since last May, still the music expense re- mains the same, if ihe theatres of St, Louis are to be kept open, ex- penses must be reduced, and they must be left free to employ as many men as advisable and necessary. "It Is impossible, under the eon- tract whi<*h you compel us to sign, for any theatre of con8e<|uence. ex- cepting a few large theatres which are located In populous localities, to remain in business unless the- atre owners are permitted nnd granted as many men as they deem necessary." Kdward J. Sullivan, manager of the Orpheum theatre and chairman of the Fnited Theatre Managers of St. Louis, said the managers would "sit tight," and, if necessary, dis- pense with music altogether after April 30. "We would arbitrate our differ- ence if possible, but that is up to the union," he said. REVUE UNIT ROYALTY Tarns & Co. Sue on Specialty Show Made From "Whirl of N«w York* Tarns & Co. have started suit against the Shuberts for a little more than $2,000 royalty on "The Belle of New York,"-which was pre- sented under the title of "The Whirl of New York." The Shuberts cea.sed paying royalties on the production after it was withdrawn from the legitimate houses and presented it as one of their vaudeville units. Nathan Burkan started an action for the publishing house in Kings county, with the Shuberts' attorneyi trying to obtain a change of venue. When the Shuberts undertook to present "The Whirl* in vaudeville they eliminated the numbers of the original production and replaced them with popular published num« bers. Only a part of the book wai retained in vaudeville. An interesting question Is just what manner of calculation of the amount of royalty due on gross bus- iness, unless a flat sum was agreed upon, will be made. THEATRE^DE LAW New York Governor Signs Bill Reg- ulating Buildings Albany, N. T., April 5. Governor Miller of New York ha« signed the McGinnis bill providing for a theatre building code. The measure carries provisions for a State standard building code for places of public assembla;:re and amus^mcjit. It was introdueed in the New York State Legislature after the Knickerbocker th<'atre col- lapse in Washington. The bill has previously been descrii»ed in Va- riety. Frider the provisions of the new law the State Industrial noard Is authorized to adopt building .stand- ards which shall supersede any spe- cial or loeal ordinance ineonsistcnt with it. Where there is no enforcing authority the State police aie to assume that duty. The ludii-trial C<'niniissi«m is to ^ui'MvIsi' j:11 en- forcement. RADIO CABARET Sil-ibc's on Tl'd .sU« et iH ' '■ '"''•• of the loc.tl r«staur;nts 'o ;!!-^:all a radiophone. The ujitown r- stau- rant is using the radio in place of an orchestra, the regulation con- certs being givi n ihro'igiK' it ilic evening.