Variety (April 1922)

Tiii^' April 7, 1622 VAUDEVILLE I VAUDEVILLE REVIVAL OF "WHITE SLAVE" Old Melodrama in Six Scenes —Griffith to Make Film Also ALBEE UMPIRE Act! in Row Between Agents Over Conflict in Claims on Act •'The White Slave" will be re- vived lor vaudeville uwage next geasun Hubert Campbell having ar- ranged tor a condensed version of the old melodrama. There will be six episodes and a feature will be the introduction of Stephen Foster's old n.'g.o melodies. D. W. Griffith has already announced the pic- turization of "The White Slave" as a 8poci:il feature. The IMrtlev Campbell play was present«'d nt Ilaverly'.s theatre in 1882. Of the original cast Marie Bates, nuw appearing with David Wanioll is the only player living. Others in tho show were (Jeorgia Cayvan. Kmmet Wilmot, Etelka Wa:d<.n. Frances Kemble. (Jermon. Gu**tav f.fviok Frank Hi>))ert8 M. C. Daly. William J. Scanlon. Welch IMwards. Daniel Ralton Charles ■SVetster and Daniel Kalston. VICTOR CO. lOSES SUIT The I nited States Court of Ap- peals oil Wednesday denied the appeal of the Victor Phonograph company in their injunction suit against the Starr Piano company of Richmond, Ind., manufacturer of the Cennett and other disc brands. The decision means that the man- ufacture of lateral cut phoriograph record."* may be undertakea by any- one without payment of royalties to the Victor company which con- trolled the original basic patents, tiince (xpired. The Victor company began the suit in the local district Federal court in 1[*H«. Judge Learned Hand docidir.!? against the plaintiff in De- ri'nii)er. 1M20. Since then numerous record manufacturing companies have come into existence, some provin^T ol benefit to the music publlsli >r m the way of new "me- chaniral ' royalty sources, while others iuue only cut in on. the standard lirm.s for a brief period and liuMi expired without making any royalty payments at all. HORWITZ PAYS UP A suit arising from the agency split of .Arthur J. Horwitz and Lee Kraus last summer was decided in favor of Kraus Monday. Both agents wire sued by Harry Tedeska. who last summer advanced to Kraus $500. Horwitz in taking over the agency assumed all debts. Ho con- tended the loan was a .rsonal mat- ter. Kraus stating it was a corpora- tion account. The matter was decided by the court when a letter written by Hor- witz to Tadeska was introduced. In the letter the agent promised to pay off the debt, and up to tho time of the suit had already given Tadeska 1200. It was agreed that the actor accept $50 per week until the bal- ane • was paid. SCHWARTZ WITH KEITH Sol Schwartz has given up the •nanagement of the New Orpheum. Vonkers. and will be appointed to a similar berth in one of the Keith houses. The Xew Orpheum i.s an inde- pendently booked pop vaudeville house, and has been doing consis- tent business since Pally Markua started supplying the attractions. Schujiriz is a former Keith man- ager. The Kolth house in Yonker.4 Is rroctor s, which plays a split week policy. one HOUSES CLOSING The Lyric. Hamilton. Ont.. Can., "'^e oi th..' Canadian-United houses, wil! rlos.. April 22. with the Uobbins stock c<inipany scheduled to succeed the iMcsout policy. Tho Itro.'iaway and Cros.*^ Kcy.*^. Jhiladrlphia (Sablowsky & Mc- J^ulrk) discontinue vaud<ville April j-9. A drnmatic stock company will "e ni-t.,i!,.a in each house for the •umn^T starting May 1. Tho strund. Newark. N. .T . an jr>deper.<lorit vaudeville and picture houhc. < U„-e.l yaturdav. March l'.'.. J he iioijse played a split week pull, y u( liv,. nets of NaudeviUe, »"^ok.,l i,y F.iiiy Xtnrlais. Straight M'^tur , viu prevail during tho hot Til., iiij, Voungs((.wM. O.. vaude- '^"ll». will clos- Ai.ril -_•. The I ,?T"^ >:'''!'•>• ^vill be sue., ede.l ^^i(h ihil ''.''''' '"'H'-^ the first time ; « policy has been .-.tL-mpte,!. M*^^""" ^^'"♦''•ally pla>e.l over the >-umnief months. The differences between Abe Feinberg. the agent, and the Wlille Sisters, which culminated in a law- suit against Feinberg by Sammy Burns, asking $L'50 fer his services in staging the dances, was adjusted this week at a conference held in the offices of K. F. Albee. Feinberg contracted the tram for a three-year period, during which Max Hayes annexed them for his book and placed them over the Keith circuit. Hums sued botii Feinberg and Hurry Wolpa, the father of the team. When Albee heard of the difficul- ties, he ordered the principals be- fore him. and -t his instructions, according to Feinberg. Wolpa paid Burns his fee and also gave Fein- berg cash payment for a release. The gills are continuing on the Keith circuit under the direction of .Max n:iye;-!. NEWARK CONTINUES Shubert Shows End at Rialto, but Ma.kus Will Book Full Week Sl'.ubert vaudeville will be with- drawn fiom tli>^ liialto, Newark, after next week, but will continue vaudeville booked by Fally Markua. starting April 17. The house will remain on a full week basis, it being the only one in (he .Markiis boo!s with that policy. Tho adtUllon ct the Ul.allo will givo Markus eleven wtci;."-'. Mosl of the houses are split weeks, but play tv.o shows dall.\'. NEWARK PARK PLAN .Xewark. ?.'. J.. April 5. The Newark Stadium Co., who.'^e stockholders include many promi- nent Newark business men, is plan- ning to open, late in May. Dream- land Park, an amusement place on the site of the abandoned bicycle track on Frelinghrysen avenue. The new company will start with a vaudeville theatre (two-a-day), a dancing pavilion and a roller coast- er and the usual concessions. Later a swim.Tjing pool, circuses and bi- cycle racing will be added. None of the stockholders has had previous experience with amuse- ments, but the manager will Le Ovest Devany, who was connected with Luna and Dreamland. The site of the park, which Is riOt a p;«r- tlcularly attractive one, is at the extreme end of Newark, >wards Elizabeth. The management is doubtless counting on the fact that the Lincoln Highway passes the park and expects to draw largely from Klizabeth, which is closed tight on Sunday. FISHER IN CHARGE Kdward J. Fisher, general man- ager of the Pantages circuit, will remain for the present in the local New York olflce in the place lately vacated by Walter Keefe. Mr. Fisher will continue booking the Pantages circuit through the local ofllcc until a successor to Keefo is appointed next fall. Mr. Fisher plans to return to the Coast immediately following the arrival of tho new local booking man. CLEVELAND BY AUGUST Worlc Is being pushed rapidly ahead on the two new Keith the- atres in Cleveland .ind Dayton, O., and Willi the favorable building sea- son at han<l the architects predict everything will be in readiness for the opf'Uing early in Atigust. Doth houses will be opened sim- ultaneously and both c.illed Keith theatres. The Cleveland project is a L'1-slorv affair. TANGUAY FOR WARFIELD Kva T.mguays route over the western Loew houses has been re- arranged in order to bring the cy- clonic comedian into Sar Fr.mcisco from S It Lake 'or the .i)ening of the new W;:r(leld theatre in Irisco, s<hed>iled for June 11. lliV op'Tiirig at Seattle list Sat- urday brought capacity house*, and repoits from the northwest .in«licate record.-s all ahuig the coast. RESUME PARTNERSHIP AI I'iant.Klosi, ;tft< r a la|•^< of s( veti years, ha again colIaboraX. d with .(o<- (;..o.lwiti in Hie co!ni>osi- fioM of a popui.Mi sfuig. Ill" tca.ti .iu:-i ionipleiii)'.; a luiniber wlii<-h \\:II I.;- pul'lislud i'V .^"c. tpinr I*" »""- .•^leiji Co. Tli<« 1 i: i c.i.M ! <•: l!.\- ciiniljilM- tion v\.is "M.iliy Siio'S" and -NN'on- <lerful Moth';." b-fh.'M"ding in tlie hit co!um:4 "DEM.IND IHK OKKilNAL** BETTY— * —PHILIP MARTIN and MOORE "Love all. trust a few. do wror-j to no one. and keep thy friend un- der thy own life's key^; be clr ckf d f(»r silence, but never taxed f »r speech."— ShnhTsiwnrr. And do not forget to book Miirtin and Mt>ore T.M.K .VO. Hi 300 V. M. P. A.'S DINE Chicago Bloc P.'-csent at Annual Event in Plaza The V'atulevllle Managers' Pro- tective Association held their sixth annual dinner at the IMaza Hotel Wednesday night, there being uj)- wards of :;00 ieser\atlons for res- ident and out-of-town members for the affair. Tl • entire Chicago contingent of n'.ana.iers arrived early Wednesilay mining and will remain for the bal.ince of the week. n. S. Moss atul I*al Casey super- vi^^ed the affair, a number of novel- ties being airai'ged as a surpi is«' for the prominent officials. ANIMAL ACT FEATURE Mabel Stark to hlave Center in Ringling Barnum Show Thomas Wilmrith, the wild animal trainer who was liiitea in tin- thigh at Madison Square (Jardeti by a lion during the dress rehearsal oi; the Kingling-Barnum & Bailey cir- cus, is still at Bellevue hospital, but physicians pronounce liim out of danger. One of the leg mtisdes was severed, and it is believed AN'llmoth will be lame for life. He will not abandon wild animal work, but it will be several montlis before he will be able to join the circus. Lil- lian Leitzel. the aerialist, was <tut of the show four days last we.k on account of lllni.-s, resuming .Mon- day. Two foreign turns will join the Kingling show during the Cia:(len engagement. They are the Orantos troui)e, ])erch act. and the Merkel Sisters. contortit)nists. Both are on the way from (Iirmany. P.allen- berg's bears, too late for the op<M)- ing. joined list v.eek. Mal>el Stark, the woman tr.iiner who attracteil nu»sl attention in the wild animal displays, will |)robabl.\ be given the center arena when the circus takes to canvas. The switch can not be easily arranged at th<^ Carden because of the steel tunnel necessary for the Matthles Hon ex- hibition, now using the middle cage. THE DUMB ACT By EDDIE SOBOL The W'a.v that they take utlvant.age IM us performers these da>'s. Is sure a tlisgrace. I'll yell in their face; It's murder in Kcvi^nteen ways. I .lon'i mind the v. ork and I've never lU>»n flinicky v.ho it was from. But to start in to do all they ask vou to: Say— I m a diunb act but I aiti't that dumi). I ;;ays to my agent: "Say. listen. I don't mind the font or the liv(\ But get me .some dough. in> still living, you know, And must eat to .vtay half alive. Vou want nje to jump down to Philly. At that .s.'ilary? I'd be a bum. After i>aying tlu' fare I'd b.' living on ;iir." S.ay — I'm a (lutab dumb. ict but I ain't that to some small lime those single niuht Take I goes down l>ook<'r-. Who's g(»t all stands. He handa me a stack of slips 'em back." 1 says, when I give 'em «< glance. 'I've pla.\-ed ev ry split wei k ihat':^ routeil. Wh.at you .isk la sure going som<'. To split days in three dilTercnl ^va.^ s." Say Irn a dumb mi but I ain't that iluinl». Tm book«'d info Wheresit, .N'ew .Jer- sey, V\'ith contracts that re:\d "Plav or Pay." I take all my junk, and a great big Ixthunl: Comes backst.ige and tries to get gay. I ni a "tin" on the nut 'fore I ojien. Aral he t»'i< s to can nn-, th.- iuin. But ch.in;ie.s hi} pace wheti I grabs a stage bra'-e. • *. < > I'm a dumb aci but dumb. I ain't tl-.at ORPHEUM, JR., WINNER San I''rancisco, April 5. The Clolden CJate, the Orpheum. Jr.. house here, is averaging about two capacity audiences a day with its continuous policy. Tho gross business last week was around $IS.- 000. The Los An:.Teles Junior house was slightly under that flgrue. Hagenbach Opens April 18 The Wallace-Hagenbach circus will break its winter quarters at West Baden. Ind., April 17, and be- gin.i its new summer season the following day at Louisville, Ky. ENGAGEMENTS Bob Nelson joined the cast of "The Pepper Pot," the Mclntyre ari«J Heath show which goes Into tlie Apollo, Chicago, for a sumr r run. .N'elson has been fdaying Shubeet vaud«'ville dates and It Is tindri- stood will return to the vaud<'villc at the en<l of the Shubert enter- prise next season. He replaci-s .laeK Kyan. who If to be in the new Can- tor show due a: the Wintergar<l n, .\ew York, next week. Hehn MacKellar. "The Sli.iduw." I'lorence 0'J)euisliawn, "KoUie,--." Miriam Islliotl and Muntaj;ue I'.u- therford. "Out t(» Win." Lee Kohlmar. Adele Bowland. Kd- uin .Mord.tnt. Max Waizman. .M.iriou BalbMi, Balph K'tllard. .Jennie .\I« - (•o\ it/., J'r.'uiU .Mlwortb. Uobert I', ti • rat. .Mabel Can uihers. K. F. Hill. .1. I'. .Morri>^»\, .loim Dwyir. .Jos* j.!i fhnton. \\ lite-- l*f;ii\al and Cani- eroM Clcrrif I; . ' 'i'he ,<; h« iickmaP .<ix." Lilli.iM T.»«hm.in ;«'id -I'leminu Waid have l.c^ii • agag« d by I'lulii' Kbin fof "Lio.v r.Mtr." Ariliur inir.'i. •'Tlie CJreiMnvlch Vlllatre Follies." (UlVclfe, ".'!!• . i'.iX !; ( new >. Helen Tl!<b '!. •■'I'll' I;tMr ^ i : press." Dallas WelffM-.J. Kate .\Iorgan .1 >?. Ketriyan .iimI BMf> Maeoll'i'u "The Sh'idf.v. ." .1. Harold .\hur.iy, ' .Make U Sa.ip- I noes to iln» joint on the corner Anil shows the .n t early one morn. After they looked I foiirjd in>self l>ooke«l At a Mond.ay nir^ht try-oiit. "One born I]v'ry niinule." Th:it nnist be the slogan. I played tr.v-outs 'till I was numb. They said: "Vou'ie a hit. Here'.-* six benefits." Say— ^ I'm n. dumb act btit I ain't th.il dumb. So If you know some guy who wants grease paint And a nearly new II & M Trunk, Just send him along, cause, take It from me, I don't want no more of this bunk. I know of a job wberi* the horses Ain't treated like uctor.s. by gum. And Saturday night, this will be my delight. Catch a dumb act .-md say; "CJee, they're dumb." NO ROYALTIES ON RECORD MEDLEYS 3ourt Advises Settlement So as Not to Establish Precedent Norm.tn J. \'ause's $1,700 suit .against the Harr.v Von Tilzer Music Co. in the New York City Court, arising from the record royalties on ".\nswer" which \'ause composed. w.'is settled in court before Judge Call.-ihan last Thursday. ^'uuse .agreed to accept $500 in full settle- ment of his claim after the jury had been out for three hours. Judge Call.ihan advised a i)rivate settle- nuiit. Shortly after the settlement the jury reported 11 to 1 in favor of \'au.se who sued that he wa« entitled to the royalties on Victor and Columbia (li.sk medleys. The songwriter contended that be- cause one chorus of another song was interpolated with his "AnHwer" composition which was the tltlo sotjg, it did not constitute a medley ami th.it ther<>fore he was entitled l<i royalties. Had \'ause proveil successful in his suit It would have meant that .songwriters holding contracts einco lt)0'.» could bring suit on a similar cause. Judge Callahan was anxious not to create such precedent. \'on Tllzer's witnesses, Includlnjf I'.ob King, of the Victor Co., a musical expert from the Columbia (;rai>hophone Co.; Mr. Jaudas. of the Kdison; Kdward Moran. Andrew Sterling. I'^d Smalle and others, all testii.eil that a songsmith is not en- titled to any record royalties on me«lle> s. Harold M. (Joldblatt. attorney for Vau.se. i!itroduced S. C. Caine. « music publisher, and Hobcrt l)ur- yeau. ;i doctor of music, as experts. They declared that it was not a niedley but an interpolation. This is the first time since the p.issing of the Copyright I^w of 1900 that this point has been dealt with in the courts although it hna been a bone of considerable con- t<ntion between songwriters Jind rnusi( pubiishers. Some of the latter make it .i |»ractlce to pay on the title (ofnpositlon always, nolwllh- st.irnliriK it is a medley. The writers of the Interpol. jted nimibers get not hing. Bill Posters' Mooting The Bill Po.Mers' and Bilbi.- ternational I'nlon of America, hold ii.s annu.il convention In sis City. July 2 to 7. In will JCaa- MUSIC MEN Herbert B. Marple fo.-merly roau man for Sherman Clay & Co.. h.'is been appointed gener.al prf>f«'.-- sion.il m.anager for the same iirm, in San Francisco. NEW ACTS N'(»iah B.v.in with two men in ".Mary Ann." (((nH-dv skelch, by William Anthorjy McCuire. Bert ami Doi(»llrv Wilcox in .i four people comedy hketcli |»y J-stepben Charnplin "Bich.'ird I.s Himself Again." com- edy sketch Willi live peoi»le, includ- ing Jack lla.Nalen Frank I'\arnurn, Ja?./ <lancer, with th.. Dixie Land Ja// Band (Hairy WePer). J.aek Allrnin and .Jessie Howard ill a new .singing .ic! by Paul (Jeraril S tTi i t h. .tanet Dupre, form^rl.v W.ifson .ind Dnpre, .''iid \*io|ef C.iileton. fo>- ni*rlv C:inlield and C;i rletdti. Weeks atwl IVI.irwIch, sister le.irn ill the Hack<'»t arnl Delmar B< \ ne, '•.'.o-acf. lUr-.c^'n Harry l>elrna». Harry <';f)rdon in ' .lusi .a I'ool ' 1.;. .\Mdy Bice. Nat Mace, fo: ineily J'.iilt .ind Miire, atid Chailk Bennett, formei ly L'e.'.d ii'd Bennett, two-act. .'e.- llerbeit .11 . musical «'.rn'd.' 1(1 tiiU'-ical skit by Will Houj;b. eii- lit'ed ".Mollv Chaii?4«'d Her Mind." I .\1. S. Bentharn* r.ai'.V D«)ro(h.\ Dli\e i»«. beiii;.'. iii- fodllcfd bv lier ni.iliU,'er. I'lai'U Olio, at the \;nious film lulls now cni!"ent by r»iie ni the (»!lier pi< nne eomy»ani« ^. The C. B. A. Music I'ubiii-hing Co. has started with ottlces in lhv> Boseland Pddg.. Bob Alterrnan and I'laude Johnson have contributed the "plug" song to the catalog. Noble Turner I..x»yton of Creamer and Lay ton, colored soiigwritin.«; team. will compose the oHicial iVI.ison march of the colored ."Vlasoni.w I ederal Judge Augustus N. Hani last J'riday formally dismissetl thn comidaint of the I'nited St.ites fJov- ( irunent against the Consolid itcl .Music Cori>or.'itlon, against whom .Sherman .ant I -trust law (di.irges b!> I been piefeired. The (.'onsolidated. basing dissohed there was ivt fur- ther need for prosi-cution. The Consolidated, eotniiiised of I''eist, Witmark. Berlin. In<'.. Harms In'.. Waterson, Berlin id Snyder, Shapiro-Bernstein and Bemiclc's h.id organized two ye.ars ago for th'- purpose of de.ilinu with the roll and I ecord peopb'. They .isk«'d th.if <fi''h roll firm record at least two num- bers of e;ich lirm's catalog moyiti'v .It periods specilied by the pu'linh- eis. so as to ronc<tjtrate the siieef music and roll sales at a deiinlte time to deli\« the ;;re.ilesf lteu"/l*s to the puUiisher^;. MARRIAGES Iieiie (Bi^ie) Sh.iw to B').\ ("urn- M'liie.- at druige, N. .1.. .M.i»( h :'.o. .\li-s Shav. i^ a niemt>er of i'utn- tpings' act. wbich idayc I at th< Winter '; irdeii last wee!-. H.iiiy i'."ttle\. pel former wiili tbe Bmulinir. B. and B, clr«us to Trudc W ejdelM.mii one «.r IJm- f'-afured i:«» .-l;.itc:s .'it tie ,\.\v Vol k Hii»p'>- dioine. Apiil 1-. ] Watch for FRANK VAN HO'-^^'l^i? * BIG ADV.. Woek After .her^