Variety (April 1922)

l^ri dayJVpril 81. 1922 LEGITIMATE u NEW YORK'S NEW HCKET LAW WILL BE CONTESTED IN COURT lo Effect by Summer—Not Expected Operative if Constitutional, for Year or Longer—If Upheld, Will Reduce Number of Speculators Coveriior Miller of New York, by ilgnlng the Walton-Bloch bll limit- inff the resale of tickets in agencies to 50 cents over the box ofHce price. wMl again throw tb » matter of price fixing into the courts. Though the is supposed to go EQOITY-P. M. A. STOCK DISPUTE IN ARBrrRATION law into some weeks of pre- 11 nd it is effect at once, paration are necessary probable that, even though the n-^afure is held constitutional, it will not become actually operative for a year or possibly two years. That f group of brokers opposed to it will fight the bill to the highest court, and it may reach the I'. S. Supreme Court. It Is conceded in, box ofTlce and ticket circles that if the law is upheld the number of ticket agencies will be reduced to a lew. Some ^brokers admit that the volume of their business is not sunieient to provide a profit unless they can sell tickets for the hits at excess pre- miums, one-half of which is paid over to the federal government. The Governor himself ia in doubt as to the constitutionality of the Walton- Bloch law. In affixing his signature la«l week he attached a verbal atring. staling that while there might be doubt as to that feature of the measure limiting premium to 50 cents, he is of the opinion t-lie licens- ing provision will be found valid. The brokers are counting tn the courts concurring v.-ith the decision of Judge Rosalsky, who declared a city ordinance drafted along similar ||ines as the new State law to be un- topstitutional. After licenses are filed tickets will be sold at ex- cess In several agencies, and the first arrest for violation will be made a test case. Provided the agencies are successful in securing an injunction pending a final decislori, it is expected that there will be little or no change from the present methods noxt season. ^ The city ordinance that was lK)wled over, like the new law, pro- vided for tickets agencies being li- censed, the fee being $250 annually. That provision was complied with . by the brokers, who after the Rosal- Itl iky decision proceeded to secure a refund of the fee. The agencies have not yet received the money from the city, hut the refunds are expected •OCR. The delay was on account of thd possible appeal from the deci- sion, but the corporation counsel has ne^er carried the case to the higher courts. The license feature of the State law may or may not hold in case the 50 cent premium limitation is declared invalid. The annual fee is $100 and a bond of $1,000 is required. The latter provision would impart some measure, of control to the Comptroller, who is designated to handle the licenses. The city meas- ure has become inoperative in total, which ia likely to happen if the re- sale provision of the Walton-Bloch law is held invalid, despite the Cov- crnor's comment. The CJovernor vetoed the second theatre ticket measure, known as . '.e Smith bill. It proposed to per- mit tlicatre managers lo stamp on ...e reverse side of tickets a prohi- bition against resale for a premium over 50 cents. It was believed that such a law would put the matter cf excess premiums directly up to the manager. The CJovernor, however, stated the bill was not well drawn up. The provisions of the Smith bill did not make mandatory^ the premium limitation. It was to b. optional with the manager. I'nder. the new law the Comp- troller shall have the power lo in- vestigate the business of ticket agencies upon complaint of a citizen or upon his own initiativ|e. nd the license requires the broker to fur- nish such information as ma> be required. Any broker violating any of the provisions of the law shall be guilty of a misdemeanor. The final clause of the measure provides that, should any section of the law bo declared unconstitutional, r.uch determination shall not affect the validity of the remaining provi- sions. Counsel have not stated whether the clause will stand up under fire. The bond required to be filed with the license If stipulated to be in the penal sum of $1,000, and in the event of proof of violation of any provi- sion of the law, the full amount is to be had in favor of the State. Revo- cation of the license by the Comp- troller may be Issued on ten days' n ''co where proof of fraud, misrep- resentatiou or excess premiums is made. The Corporation Counsel commu- nicated with the Police Commissioner immediately following the signing of the bill last week, informing the Commissioner that the law would be in effect immediately. No police ac- tivity was apparent along Broadway and none is expected until tho State officials thoroughly prepare for the enforcement. Managers Hold to Original Contract—Equity Claims Stock Class The question of whether the Equity-P. M. A. basic agreement entitles a member of the P. M. A. to protection when such member is operating a stock company, over which several conferences have been held by representatives of both sides, will go before an arbitrator shortly. Equity takes the stand that re- gardless of P. M. A. membership, a manager operating a stock company should be placed in the stock class, and as such operate with an all- Equity cast. The managers* conten- tion is that the basic agreement covers them whether operating Broadway shows, traveling com- panies or stock. Equity also claims if the managers' point is well taken l»ro-rat.a over eight shows must be paid an Equity cast in stock. lOLA" aOSES; PROMOTERS BLAME EQUITY MEDDLING Stoddard Declares Players Were Satisfied with Com* monwealth Deal Until Deputy Dare Interfered—• Plans to Continue SPECIAL STOCK Local Organization Promoting New and Untried Plays OPERA OFF IN L A. Cross Slips »Way Below Last Year's —Passing Show Opens Well Los Angeles, April 19. 'The Chicago Opera Co.. at* Phil- narmonie Auditorium last week, drew capacity for the opening and closing performance, but during the Week business slumped. This sea- ■on the musical attraction dren- far less than it did last year when the figured reached well over $100,000. The gross this season was in the neighborhood of $65,000. At the Mason. Kolb and Dill were ine attraction for two weeks, weath- ^'■Ing tie Holy week period nicely •nd getting $26,000 for the fort- night. "The Passing Show" the Mason capacitv. Monday, opened at Htarling with ARCHBISHOP GUEST Closing Social Function of Season at Hotel Commodore Invitations were distributed this week for the closing social function of the Catholic Actors' Guild, when Archbishop Hayes will be the spe- cial guest of honor of the stage folk at the Commodore Hotel, New York, Monday. April L'4, at 1 o'clock. Freedom and frankness in the ex- pres.sion of opinion that makes for a better and closer relation of the church and stage are the features of the annual affair. Washington, D. C, April 19. Mutual Productions, Inc., which iluring the past winter disposed of considerable stock at $10 per share among residents of this city. Is to operate a stock company, opening here on Monday, April 24. The stock-selling feature, commended by many New York producers, has been successful. It Is tb«* intention of Arthur Leslie, who Is to be the manging director of the company, to produce new, untried plays throughout the summer months at Washington's drawing room theatre, the Shubert-Garrick. Mr. Leslie has engaged his cast and chosen Belasco's "The Boom- erang" for the opening bill, with Sydney Mason, Wanda Lyon, Garry McGary and Ada Meade featured. In all the billing the idea of stock ia kept away from, the announce- ments reading that Mutual Produc- tions, Inc., will offer, followed by the name of the attraction. The company has retained L. Stoddard Taylor, the Shubert house manager, with the entire personnel of the theatre in like capacities for the summer season, having secured the house for a period of eight weeks, with an option of an addi- tional period of eight weeks. : ST. LOUIS CIVIC SHOW Style Show Will Bt Big Amusement Venture JOLIET LOSES GRAND Jollet, III.. April 1I». The Cir.iii.l. i>laying road shows *nd lndepcnd<nL attractions, will jc taken over and rebuilt as a club nouse for the local order of Moose. wner.«» of tiie property, when the ase of the pre<=^ent occupant e.x- Pit-es this month. inT'^'" *^'" ''""^^'^ Juli"t without an »"<«er)f.n,U.,it le-it Im.u'^o unl-s^ a *'^^ i« 01.i.lined. J- J. SHUBERT SAILING • •!. Sliiii.^rt is leaving New York tf'niorrow abroad. (Saturday) for a trip 'ABIE'S IRISH ROSE" IN N. Y. Ann Nichols and Oliver Morosco are rushitig an eastern production of "Abies Irish Rose " fur New York presentation. Tho piece opened at the Morosco. Los Angele?, eight weeks ago for a tryout. It was de- cided to start on a i)rodu<'tion for New York before the general idea of the piece drifted cast. Ann Nichols, the authors;., came east last weeic and entrai?«*d the cast thrnugh the Leslie Morosio olHce; .fnhn C<M'o, M;irie Carroll, .M.jtiiilde Cotrclly. Jul'=» .lor.lati. Wallace \ns\, ilarry r.i.nlly. .\:1.< rt I'hil- lips-.. .lose Carcii. The coast. prodtiPtiou will be l;cpt running uub'lirjitcly. St. Louis. April M. The biggest civic venture in years will be staged here for three weeks beginning July JO. It will be offi- cially called the St. Louis Style Show. Virtually every prominent merchant In the city has subscribed to the venture. The Municipal, an open-air the- atre at Forrest Park, will be used for ^e event, which will Include professional entertainment features. Engaged are an Ice skating ballet, Joe Jackson and Ten Eyck and Wclloy. The skating will be on real ice, arrangements with local brew- ing establishments for the installing of a freezing plant being made. ••Lincoln" Booked for Coast "Abraham Linroln." at present playing in Ohio, has the coast l».'>n routed to WALTER JONES FAILINQ Walter Jones, the veteran comedian who recently withdrew from "Getting Gertie's Garter" and entered the Roosevelt Hospital, Now York, was reported failing this week. His ailment has been diagnosed as cirrhosis of the liver, and recently a quart of blood was pumped into his veins. He is, how- ever, permitted to see visitors and welcomes his theatrical friends. SHOWS CLOSING "I.it lie Old New York" closes for the season at the Hroad Street. N'wark, N. J., April 22. "A Dill of Divorceme,nt" closes Al)ril 21 at Toronto. Pilccr May Return to £urope Harry I'ilcer Is reported goin^ .il)road, having changed his i)l.in» for applying in vaudeville here, 'i'hcre was some hitch In securing a dancing partner from the other side. Chicago, April 19. •"Lola." the starring vehicle which Leslie Morosco had provided for Helen Shipman. ended its turbulent career here on Sunday night, when $405 taken In was refunded, after Frank Dare, the Actors' Ilauity Association representative, told the members of the company there was not suftlcient money In the house to warrant their playing. The com- pany left for New Y'ork on Tucs- daj', with the exception of Miss Shipman, who went to Tulsa, Okla., with her mother. , Morosco, who was not a ^member of the P, M. A., had filed a bond of $750 with the A. E. A., and Dare brought this money from New York with him. This was used to pay the fares of the troupe back to New York. George E. Stoddard, in a state- ment to Variety, said: "If this man Dare had kept his hands off the proposition, it would have worked around all right. But from the minute he reached town he started meddling. He told the people that the Shuberts would not give them a dime, and the best thing they could do was quit. I went back and showed them what was being done for us, and argued that if they stuck through the present week, I was going to New York and see Lee Shubert on Thursday and ask him to take over the show and send it over to the Studebaker. This the people were satisfied to do. But every time I turned my bacic Dare interfered. "The company did not owe any of the cast any money when we arrived in Chicago, excepting Miss Shipman, to whom we owed $500, one week's salary. Then the salary was straightened out the .second week for all the people but Miss Shipman. To her $1,500 is due. "The show owes me, Ballard Mc- Donald and James Hanley $l,'^57 In royalty, and we never took a cent from the start. I was out to help the actor, but Equity would not let the actor be helped by me or any- one else. Their man Dare had only one idea In niind, and that was to close the show." During the last week the Shu- berts placed an attachment against the production for $f,lC4 for moneys they had advanced to meet the sal- aries of the show the opening week. The production Is being kept in the Shubert storehouse pending the decision in the attachment case. "Lola" opened here on April 2 to a house of $1,451. The next night re- ceipts fell to $350, and for the bal- ance of the first week did not exceed that amount except on Saturday and Sunday night. The Intake for the first week waa short of $5,000. Charles Barton, manager of the show, resigned and left for New York before the opening, and George E. Stoddard, who supplied the li- bretto, took charge of the company's affairs. At that time an agreement was made to continue the show on a commonwealth basis, with the Shu- bcrts cutting down running expense of the theatre to a minimum and waiving the house rental. The ex- pense of the house was pared to $1,904. These arrangements as to the commonwealth plan were considered satisfactory by members of the com- pany. When Dare, tho Equity represen- tative, returned to Chicago, Wednes- day of last week, he was mueb per- turbed at the members of the com- pany working on the commonwealth plan. Ho told them had he been there he would not have 'permit- led It. He also expressed dis ^atisfaefion wit'.i tlie t«'im.s under wl.i'.h the cornpaiiN \\a>; opt-iating. He sai«l tli< Siiubeit.s had no rit^ht to dedu'l the expen.^ea which they were doir.g. such as stage hands, musicians and others' .salaries. He Faid tlio show should have played on a 50-50 basis. However, it was explained to him by Stoddard that the company all had agreed to (he plan and were satisfied with it. Dare continued to object. In the meantime, the show had opened on Monday to $174 gross, and had just cleared the $2,000 mark prior to the Saturday nlgh.t per- formance. When the curtain was to sro up that evening, Dare, according to Stoddard and Clarence Derwent. one of the actors and a member of the producing corporation, appeared back stage and told the performers thfit they should not go on unless $600 was paid before the start of the performance. He said that from the iadlcations of the house out front the Shuberts would not give them anything. The actors decided to hold the curtain at his order, and Dare then called J. J. Gan;ity, gen- eral manager of the ShubeH hoqses, on the phone. He presented the company's demands to Garrity, and the latter Informed him that the compi^ny was scheduled to play on a certain basis, and that they would have to go through on the plan they arranged. He told him if they wanted to quit they could do. so, at t e Shuberts were stuck aplenty al- ready. This ultimatum having no effect, the Equity chief returned and told the people to go ahead with the show. After the performance that night a meeting was held and the people decided they would not continue. The gross of tho week was $2,607, and with $1,904 taken off by the house for salaries and $343 paid for bills incurred by the company, there was $360 left to share among the actors. Of this amount, $193 had al- ready been given the chorus on ac- count and a balance of $123 was still coming to them. The principals had appportioned to them as their share $40. However, at that tin^ the m.oney was not divided up, payment being held up until Sunday. On Sunday afternoon John Mc- Manus, manager of the I^a Salle, called Garrity at his home and said that the people ^.'anted to continue for another week. Garrity told him that if they felt It would do them any good they could continue on the same basis ds the previous week. Just before show time Dare con- ferred with Garrity, and Garrity told the Equity representative he would do all he could to help the show along. Tho management would de- duct only 15 per cent, of the gross. This was agreeable, and Dare left to go to the La Salle and tell the company of the proposition, which he waa elated with at the time. However, when he got to the theatre his mind had changed after looking over the house and he Instructed his people not to give a performance. Word was sent to McManus and he ordered the money refunded. "BIRO'S" 15TH RETURN ^ Pittsburgh, April 19. •'The Bird of Paradise" is making its fifteenth return visit to Pitts- burgh this week at the Nixon. The piece closes its tour next week, ayd the poorest season it has had since going on the road, years ago. ANN PENNINGTON. STAR rieorge White in addition to i»ut- ling out thl.«» year's edition of the "Scandals," has a piece for Ann reiinington in view. It will intro- duce her as a star in her own right. McGowan and Knox have agreed ♦o eLminite the automobile efTect from tli.ir act, following a protest fi.tri Will Jennings (Jennings and .Mazier', who cl.iimed th j prop was ati I'lfrincrem' tit. The art plaved .Xni'Tican three weeks ngo. lie The V/hite Way Trio MlucKley, Sharpies and IJisland; will dis.-olve partner [lip following the termina- tion of Jean liedini's "Chuckles," where tliey are presently located. The combination was organized sev- oral years ago.