Variety (May 1922)

VAUDEVILLE Friday, May 5, 1922 \ BUT 2 PER CENT. OF NEW ACTS THIS SEASON ARE SUCCESSFUL Pjlore Than Ever Before—Inexperience Is the Com- mon Reason for Failing—Some Dislike to "Try Out/' Although Part of Regular Bill Moii» now vaiulrvillo material has ft|>pcar<d this season than ever be- fore, a^onling to a booking man. Less than 2 per cent, secured con- eecutive bookings through merit or knowledge of the rudiments of vaudeville requirements. It may explain the number of re- peats and standard acts playing the eastern big time houses over and over each sea.son, according to this ftuthority. The newcomers are from cabarets, service acts that de- veloped during the war and from musical comedies that stranded farly in the season after playing a Xew weeks on the roud. Vaudeville agents are continually offering new material they have dis- covered in obscure houses but the booking men are so swamped with jicts they find it next to Impossible to give the new acts an open^ng where they can review it. Many of the acts that report to the Keith office are offered a Mon- day show^ing at Keith's Harlem opera house, New York, but shy away from the idea of appearing as H "try out." The try outs are sand- wiched in with the regular bill and the audience is none the wiser. SHUBERTS AND JANS HGHTING FOR RIALTO HYPNOTIST IN KEITH OFFICE J. J. Clifford, hypnotist, appeared on the fifth floor of the Keith office Monday afternoon and volunteered to demonstrate his ability, provid- ing he could And someone to sub- mit to his finger operation. Following the collection of a number of agents seeking Informa- tion concerning his nerve paralyz- ing ability, George Rose, with the collection department of the Keith office, braved the test. The youngster was placed on a chair and within several seconds he was in slumbcrland. with Clifford explaining he had touched the nerves of the conscious brain, thereby producing a somnolent con- dition of the body. Clifford then worked on the sub-conscious mind by .suggestion and produced arti- fic'nl catelepsy or Ku»peiid»^d ani- rr.:*ion, he said. The victim was brought too, fol- lowing several taps on his face. Jans Secures Injunction — Shuberts Claim Broken Agreement 'ACE" TELLS OF AILS Kansas City, May 3. •*Ace." dramatic critic for the "I'oyt," had fun last week at the cxnonse of Roscoe Ails, headlining lit tlie Orpheum. **Ace" runs a daily column, "Lobbying," and early In the week printed a personal letter to Ails, criticizing his actions dur- ing a performance in fi.shing for xti)plause and "roughing" the audi- e;.co for not warming up to him. ••Ace" called his attention to .sev- eral threadbare gags and "alleged jokos" usedt and Jollied him for his inability to cope with the situation of no applause or laughter. The article brought numerous Ict- ttr.s to the critic's desk. He con- tinued the affair by publishing one daily. All were in commendation t'l the writer's action. Newark, N. J., May 3. The Rialto has been the scene of a war for the lafrt few days, with the Issue still in doubt. As re- ported in Variety the Shuberts un- expectedly closed tlie house April 23 after running pictures for one we»^k. It developed, as then fumortd, that Herman .Tana, who controls the ODodwin, had nego- tiated for the Rialto. He announced an opening April 29 with the **F ?l- nation" flim and took possession of the hou^e. The middle of the week Jans received word from the Shu- berts he had no lealb for the house, had no right to be in It and should retire at once. Jans refused to leave. Fearing an attack he hired detectives. Friday Ihe house was twice assaulted by Shubert forces, but with the aid of the de- tective force, numbering 20, and several of the city police, the at- tacks were repelled. Policemen stayed on duty for a time while the detectives bivouacked in the thea- tre. • After Jans took possession he says Shubert complained he had given the newspapers information about the Shubert plan to take over Keeney's and had thus spoiled the deal. The nex: day they ordered him out. The Newark "News" pub- lished a disclaimer and .sent a reg- istered letter to tb- Shubert offices, statlnfe Jans had no given it the story about Keeney's, and stating the actual source. As a matter of fact, Variety published the Shubert intention to take over Koeney's weeks ago before any the New- ark .»ers. Lee Shubert has given a lease for the Rialto to Jacob Fabyan, wh^ owns the Branford md Paramount here. The Shubert unit shows will use Keeney's next season, despite the Keeney denial. Jans announced the opening would be postponed until May 6. L^te T'jesday he ccured f.om the Court of Chancery a restraining order forbidding the Sluiberts from interfering with his possession of the hou^e. lA-LU-A" INFRINGEMEirr ON DARDANELLA," COURT RULI^ Injunction Denied Fred Fisher, as ''Ka-Lu-A/' Iq^ portant Contribution to ^'Good Morning, Dearie** —CourtU Opinion After Hearing Disc Records ANOTHER CRITIC CAPTIVATED "Janet of France and'Charles W. Hamp in 'Song Shopping' o^er a snappy, rapidflre volley of French chatter and song, with Janet run- ning away with the honors. "Judging by what we behold at the Orpheum this week, there 1» little wonder that the Yanks plunged through the Argonne and similar quiet areas In France in order to rid I^fayette's country of the despicable Hun. What chival- rous American could hesitate for a moment in fighting the battles of France with the beauty and viva- cious feminine charm of that land ever urging him on\^ard?" This week (May 1). Shea's, Toronto COOPERATIVE COMPANY TO TOUR FOR SUMMER Organized in Chicago—Plays Percentage and Divides Profits CONROY-LEMAIRE REUNION Former Partners Returning to Vaudeville as Team FANNIE BRICE AT PALACE Fanjiie Brice opens at the I'alace, N«'\v York, June IL'. The former "Follies" comedirnne will remain three weeks at the Palace, on the Iiresent booking. It is understood that if Miss l3rice holds over beyond the three tveeks, she will change hf-r songs Weekly. Mi.s's Brice is playing vau- deville duri;ig the summer, but will net remain. Flo Ziegfeld says he is poing to star her in a new musical comedy next season. At the Shubert ofTices in New York it was said that Jans, after agreeing upon terms of a lease for the theatre, had failed to keep his .appointments or agreement. The Shubert offices denied the Rialto had ■>een leased as yet (Wednes- day) to another picture exhibitor in Newark. It was admitted Shu- bert vaudeville will play Keenry's, Newark, next season, thro' gh the Shuberts buying off Frank A. I'eeney's tenancy there for one year. The Shuberts' lease on Keeney's does not become effective until til fall of 1923. The Shubert spokesman alleged Jans had obtained possession of the theatre by force and still held porf- se&sion by the same mean- The merits of the case would be deter- mined upon ths argument on the injunc^tion, he said, with no evlc- ticn jirocess to bo sued out before that time. Frank Conroy and George Le Maire are to reunite for the Na- tional Vaudeville Artists' benefit performance May 14 at the Man- hattan opera house and Hipp<>- drome. New York. The former standard team of five years ago will continue in vaude- ville, it is understood. Couroy and l.e Claire dissolved partnership about five years ago. Le Maire has been mostly with legitimate produc- tions since, barring one period where he produced his own show, "Broadway Brevities," which ran at the Winter Garden, New York, for a time. He is now in vaudeville in a comedy sketch. « Conroy continued in vaudeville as a blackface comedian with several partners, among them Irving O'Hay and Bob Yates. Comoy and Yates teamed up about a year ago and mutually dissolved the partnership this week. Yates will continue with Paul Van Dyke. Chicago, May 3. "Varieties of 1922* Is the title of a vaudeville road show composed of Walter Weems, Gallarlnl Slstera, Olga and Mlshka. Mr. and Mrs. Walter. Siegfried and Middletown's Manikins, which was formed here this week for the purpose of touring the Middle Western States and playing the Intermediate towns. The show has had block paper made, and will play all engage- ments on a percentage basis, with the company share split up among the acts. It begins Its engagement next weelc In Wisconsin, and will play through that territory first. It expects to remain Intact until August. $200 PRESENT FOR "VETS' Following tl)e final performance of the "Veterans of Variety' act at the Palace, New York, Sunday night, K. F. Albeo sent a representative b.'irk stage who presented each of the ei^'ht mf'mber.s of the "Vcttrans" irith 1200. The present was in addition to the Falaries received by the people In thv act. The memb«*rs Included Kddie Gerard, K. K. Bice, Laura P>ennett. Katie Hooney, Annie Hart, Ltconard Grover and Ed Begley. COAST MUSICAL STOCK Starting at Morosco's Casino, San Francisco—Three Weeks Now ICE BALLET^R illlEXICO Charlotte and Husband Engaged for Latin-American Enterprise ?^i\n Francisco, ;May 3. Musical stock ii to be the j)olicy of Loew's Casino, taken over by Oliver 'lorosco. The Century, Oak- land, and a house In Los Angeles are also to be Included in the string. The stock companies are to move around, alternntinf, which will avoid reproducing a new piece every week or so. Dr. Aiist'lm (Joetzel. compoter of a number of light operas and last sea- son the musical director f(»r the Rus.sian and ice ballets at the Hip- podrome, New York, returned to New York yesterday with his bride, who is Cfiarlotte of ice skating fame. The pair eloped immediately after the closing of the Hippodrome sea- son and have been honeymooning at Atlantic City. Dr. Goetzel has contracted for the presentation of the ice ballet in Mexico City late in June at the bull ring. The engagement Is to be for a period at least six weeks and two complete Ice making plants will be carried with th c organization which Is to leave New York late this month. "Dardanella," the muchly con- tested popular song of two years ago. figured twice In the courts late last week In its series of legal ac- tions still pending. In the Federal Court Judge John T. Knox denied Fred Fisher, Inc., a temporary in- junction against the authors of "Ka-Lu-A" and the producers of "Good Morning Dearie," although opining there is an evident in- fringement on "Dardanella" in the "Ka-Lu-A" arrangement. In the New York Supreme Court .Felix Bernard, ,one of the authors of "Dardanella," discontinued his ac- tion for an accounting and injunc- tion against Fred Fisher, Inc., In favor of another action he claims will be started this week for accrued royalties due. The "Ka-Lu-A" case has for Its defendants Charles Dillingham, T. B. Harms Co., Inc., Jejrome Kern, Anne Caldwell and Edward Royce. Kern and Miss Caldwell composed and authored the production, Dil- lingham produced, Royce staged and Harms publishes the music. Judge Knox's cplnlon Is interest- ing in view of the testimony. As he says, "the affidavits filed in sup- port of and in opposition to the present motion for a preliminary Injunction are of the most volu- minous character; among them are the depositions of men whose narmes In the sphere of theatrical music are pre-eminent, and as to their expert qualifications to express an opinion upon the matter h3re In- volved there can be no question." Judge Knox, however, could not go according to the affidavits bit "must," for immediate purposes, recall the renditions of 'Dardanella' and 'Ka-Lu-A* from the phonograph records submitted upon the argu- ment, and decide this motion, as t* were, 'by ear' and the convenience of the parties." The charge of piracy was based on the left hand or bass accom- paniment. The defendants' conten- tion to this allegation was that the charm and popularity of "Ka- Lu-A" lay in its melody and not in the bass, and that furthermore "Dardanella," In employing Its re- curring bas.««, merely copied It from certain works of musical masters more or leas ancient. Landon's, Schumann's; Wagner's and Schu- bert's compositions were quoted among others. Arthur Lange, the arranger, sup- ported the defendants' contention that If anything the arrangement of "Dardanella"' should not be cred- ited to its authors but to himself, stating, "It is an old accompani- ment and we have been recently putting them in popular songs. The form of accompaniment was purely my own and was merely a matter of technic and arrangement, and I simply repeated tlie process that I had been using for a great many years; that is to sr.y, taking a form of accompanlnient that would be harmonious with the melody and arranging it to the best advantage." From ihis it wi-s argued the "Dar- danella" copyright, as far as it af- fects the arrangement, was invalid. Fred Fisher, the j)ublisher of "Dardanella," states that Lange had little to do with the composition; that Johnny BK ck was responsible for that peculiar bass; that even if Lang J #as co i.erned he was at that time in his employ and that besides he (Fisher), who is a com- poser * note, made 51 change* in the manuscript before it was mar- keted. A striking ixceri)t of Judge Knox's opinion reads: "/V/tcr liston- r;ig to many repetitions of the Inlaying of 'Dardartolla' and 'Ka- Lu-A' and from an examination of their respective scores, I have reached the conclusion that while the particular series of notes which go to make up the recurring bas« was known to writers of music long l)rior to the advent of popular Hawaiian and South Sea musical numbers, the writers of "Dardan- ella' have used It with a continuous persistency that materially quali- ^es, if It does not dominate, the melody. If It be found that th« composers of 'Dardanella,' and not Lange, are responsible for what wm done, it seems to me that plalntiS is in a position to seek proteoi^n for his copyright. That 'Ka-Lur4» as originally written, employed^ part of 'DiCrdanella's persistent bMi cannot, I think, be successfully ds« nied. Thereafter, the music wm rewritten • • . there has been bo change in the orchestt-ation of 'Ka« Lu-A' and this latter contains bar after bar (perhaps In a different way) of the 'Dardanella' bass, ft Is necessary to say that the melody of 'Ka-Lu-A* Is of more or less out- standing quality, and with an ac- companiment differing from tb« 'Dardanella* movement its tuneful- ness, while modified, still persiati and Is recognizable as 'Ka-Lu-A,' This Is one circumstance that makes' me hesitant about granting a pre- liminary Injunction." Judge Knox evidently wishes to let the matter of final adjudicatloa rest with the trla^ court. Trial will come up within two months, ^lean- time, the show Is permitted to con- tinue for, as the court concludefv "It is essential to bear in mind tbs circumstances of the parties In- volved. The first of these Is that 'Good Morning Dearie' Is reputed to be a succes.«<ful production. To Its success *Ka-Lu-A.' as rendered since the opening of the comedy/ has undoubtedly made a substantial contribution, and to now compel 4 change might work damage of tho most serious character to defend- ants. . . These considerations nii^ko It .seem unwise to take such actlqn as would. In their absence, folloif my present Inclination to belleTt that Kern (Jerome Kern) in wrltlnf *Ka-Lu-A* adopted a part of tho 'Dardanella' figure bee luse he con-, celved It to be worth while and oi aid In adding to the attractiveness of his own composition, an*! tliat he and his co-defendants have In- curred liability In conseauenco fher»K>f." When the case is tried, should Fisher prove successful, it would establish a legal precedent and would entitle the complainant to damages either of a lump sum or according to statute. Tlie copyright law provides for $100 for each In^ fringing performance, $1 a copy for each infringing sheet of music sold and 8 cents for each recoid sold. Moer.^, Rosenschein & Abeles, act- ing for Fred Fisher. Inc., state they will move for a reargument only on the point of securing an order to compel the po.sting of a bond by tho defendants, considering iliat Judge Knox is convinced there is an in- fringement. Nathan IbnUan rep- resented Dillingham, et nl. In the Bernard suit againsl: Fisher. Mr. Burkan in this cass appeared for Fisher, altliough op- posing him in the other suit. Ber- nard, represented by Kro<lerick E. Goldsmith and Harold M. Goldbiatt, discontinued Bernard's suit for an accounting and an injunction. They will bring suit late this week in the Brooklyn Supreme Conrt against the same defendant for $40,000 ac- cru'^d royalties Bernard alles^s i* due him as co-author wiili -Tohn Black of 'Dardanella.' Bernard (also of Bernard and Townes In vaudeville) alleges that wlHi«' play- ing in Texas he received a wire from FJSher that "Dardanella' was a "flop" and was offered $00 for all his rights, which he accepted. Ber- nard's reason for the new H'lit in- cludes a demand for a j iry trial which was not forthcoming i'\^**® Supreme Court action in New YorK county before Justice Bijnr. An angle on this action nl'^o wal Mr. Burkan's demand f(»r an "al- lowance" to r<>imburse him f<»r hl« tost time In court con.-idciing that r.ernard. after pressini; a suit two years, suddenly drojis it. .lustice liijur did not allow it. slating It W just as equitable in view of the fact that an adverse declslo)i mi:4lit have been handed down in a few hours, con.sidering that the rase w.js Hear- ing its actual trial eonclusion. A. D. O. Cohn, ent. rciMm^nt director of the Jewish Utlfare Board durinvj the war. nounced his engagement to Anne Welngartcn of Atlanta, Ga. ; i b.is an- marry