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EDITORIALS Friday, September 1, 1928 KIETY Trade Mark Rectrterad Published Weekly by VARIETY. Inc. Slme Silverman, President 164 West 4«th Street New York City USHERS AND TIPS SUBSCRIPTION: Annual $7 I Foreign $1 Single Copies 20 Cent* VOL. L.XV1I1. ito No. I The will of Taxk Benjamin, noted patent lawyer, scientist and author, who died at his summer home, Stamford, Conn., Aug- 21, and was the father-in-law of Enrico Caruso, the late tenor, filed for probate in the Surrogate's Court, this week, cuts off his five children with but $1 each. His widow, Ida E. Benja- min, of Goshen, N. Y., is left a life interest in the residuary estate, after which the principal is to pass HSver to his adopted daughter, Anna Bolchi Benjamin, of 270 West 73d street, New York, the latter who is left also $60,000, and household and personal effects, at his home and at his office, outright. Mr. Benjamin's children are Park Benjamin, Jr., of 228 East 68th street, Romeyn Park Benjamin, of 13 East 0th street; Gladys B. Goddard, of 104 East 81st street, all of New York; Marjorie B. Glenny, of 74 Washington avenue, Plainfield, N. J., and Dorothy B. Caruso, widow of the tenor, of Ex- celsior Hotel, Venice, Italy. To all of them he paid his compliments in the following language: "I give and bequeath unto my children, Gladys Goddard, Dorothy Caruso, Park Benjamin, Jr., Romeyn Park Ben- jamin and Marjorie Glenny, the sum Of one dollar each, and make no further bequest to them because of their long, continued, persistent and undutiful conduct toward myself. This I do after mature and careful deliberation and not because of any act severally or jointly performed by the aforesaid my children, but of all the acts done by each in- dividually, whether different from or Similar to \\\oa» of any other or all of the others! whifch make up the total sum of their inftiial relations towards myself." Beyond merely saying that the contents of the will ( learly showed a tragedy in Mr Benjamin's life, attorneys who filed the document for «probato declined to discuss the matter for publica- tion or to give even a rough esti- mate of the value of the estate. A statement was made by a theatrical man of a large circuit the other day that the ushers of the circuit's theatres were content with their $12 weekly salary, as they relied upon and received tips; that the patrons had grown accustomed to tipping ushers and did not mind it, and, he added, the circuit's managers were also content with the condition. The remarks were brought about through a proposal that indirectly affected ushers in a theatre. It is a position that may have its pros and cons. But it does sound more plausible to believe that a better satisfied patron is the one who pays 65c. admission at the gate, and nothing else, to witness a perform- ance. It is always a possibility the resident management of a competing theatre may not have so strong a faith in the tip system, and insist that its ushers usher minus the hand-out. As against the tip-allowing house and with everything else equal, the cheapest might be the preferred, for it is as easily believable that with no tips there is more courtesy ex- tended. Tipping in theatres has grown prevalent mostly in picture houses, where ushers who are paid to seat the standees do seat them, but expect a gratuity in return. In seating standees as quickly as vacancies occur the office was opened for regional exploitation. "* The venture was closed up last week. The secretary found that for her $".,200 all she got back waa what the office furniture brought from the second-hand dealer. First National believes .'t has dug up a second Valentino, or at least that Larry Trimble, who has Just turned over his latest production. "Brawn of the North," is responsible for the finding of him. An acci- dent, as usual, was responsible. On the coast, where Trimble made thhi picture (the second in which he is starring his shepherd dog, "Strong- heart"), Roger Manning was acting as production manager for the organisation. When it came time to shoot there was trouble in filling the secondary lead in the picture and Manning was drafted for the role. In the finished production, which was cut here and completed last week. Manning showed up like a million dollars, and they are dubbing him the new Vulentino. • CABARET Despite the in and out weather | champion chameleon prohibition ushers work in the interest of the theatre, perhaps permitting more grogs conditions, some of the road houses tofflcers, have been appointed gen- to be taken in at the box office. Laround New York have made a sur- eralagents. at an increase in salary, 'prisingly good showing over the J by Commissioner of Internal Rev- In other theatres, however, the tip practice is on. Ushers obtaining a program or giving any service that should be in the strict line of an ushers work do it with the tip aim made so manifest the ordinary per- son, especially In New York and around Broadway, cannot escape it. It has spread elsewhere. There are many who prefer to tip when given service: others do not think a tip is required, even though they can afford- it. And those may be able to afford it much better in good than bad times. ______ Where ushers are placed on a plane with barbers and waiters, as far as tipping is concerned, that they are paid a weekly wage with the tips in prospect, the theatre management standing for that does not seem to be gauging correctly its patrons, nor their opinions, and especially in a pop price house. INSIDE STUFF OH VAUDEVILLE Harry Von Tilzer is the subject of a two part serial In a weekly pub- lication, "Midnight," which recounts the songwriter-publisher's experi- ence 30 years in t'inpan alley. His early struggles with Andy Sterling before both of them "arrived" takes up a good deal of the narrative with not a little space devoted to a free plug for some of Harry's past and current hits. In the same issue Veronica, a Moulin Rouge dancer, is the subject of an elaborate blurb about the adventures and perils of the "Queen of Moulin Rouge." summer. When the weather has . enue D. H. Blair. They now draw been with the road resorts, they ! $3,000 a year and expenses, with a have a big business and even got small bonus allowed to Federal em- something when the heat was ab- j plqyes in certain classes in addition, se.nt. The rain of the summer and j They may work in any part of the its uncanny habit of breaking out country, under directions from on the week ends may have dis- , Washington, but prefer to remain couraged the Coney Islanders, but around New York. The only other the road men grew used to it. One general agents are those atached to road house, in an exceptional loca- the stalT of E. C. Yellowiey. Ordi- tion, though, did $3,000 Saturday, j nary prohibition agents are paid last, during the downpour that i $1,800 per annum, With a limited ex- killed off nearly everything else, t pense account when working outside The house can do $4,500 on a Sat- I the city to whose headquarters they urday night. There have been a are assigned. They are also relm- couple of surprises in road house ! bursed for money spent In securing business this summer. One is up [ or attempting to secure evidence. A Pelhnm way. It was supposed to • Iew of the agents draw a salary of have been firmly established for its ' $2,000 a year, trade, but business has fallen away j until it is remarked. The other is By direction of Surrogate Co- halan of New York, Adolph C. Kiedl of 233 Broadway was this week appointed appraiser of the estate left by Charles OsgoocLwho was one of the most widely known men in the theatrical business in this country, for the purpose of assessing whatever may be due to the State^under the inheritance tax laws. Mr. Osgood, who was 53 years old and for more than 30 years connected with A. L. Er- langer, died May 26 at his late home, 104 East 40th street, after an illness of several months. leav 7 ing a will, executed June 18, 1921, in which he divided his net estate equally between his widow. Leni M. Osgood, and his two children, Charlotte E. Osgood, both of 104 East 40th street, and Charles Os- good, Jr., of 153 East 18th street, and, without bonds, named the widow as the executrix. No signs are as yet in sight indicating the Shubert vaudeville hooking agency intends to book individual bills the coming season. During the summer it has done nothing in the way of vaudeville bookings. Each Shubert unit producer has secured his own turns, and the Affiliated Thea- tres Corp. appears to be the operator of the workings of the Shubert vaudeville circuit. Comment on this was brought about through the re- port printed last week that, whereas a Shubert vaudeville unit will play one-half of the week at the Astoria. Long Island, next season, the other half will be filled with independent vaudeville booked through Pally Markus, who has no connection with any other agency. Last week'lhe Klein Brothers played the full week at Loew's State, New York, with consent of the Shuberts. Previously, when George Jessol was proposed for the State, the Shuberts objected, and Jessel did ,not play. He, like the Kleins, is going with Shuberts' unit shows. The 'Kleins will be with "The Rose Girl." one of the Shuberts' own units. An act in the $500-$600 class was booked on big time this week for a season at $75 more than the big time first offered and after a change in agents. The act, a single man, had been with one agent for years. The big time booking office placed a figure for the coming season. He importuned his agent to secure more. The agent replied, "Impos- sible." Upon the act stating he intended to change representatives, his agent agreed. The act within 30 minutes had another agent, and within six hours afterward he had a season's route at the $75 increase. The act could not resist returning to his first agent to show results, with the result a ruction was immediately started in the booking office by the first agent, who wanted to know why. He was informed it happened during the absence of an executive, but it Is said there are further developments to come. The second agent who put It over tossed it off as an ordinary occurrence in the/ day's work and refused to talk about his feat. on the Merrick road. A bad detour down there for most of the summer cost several places some trade. Two or three little things that have hap- pened on the road have not spoken well for the road men concerned. One is a place that hills a shore dinner, but tells those who ask for it the dinners are just out. The other is a road house manager who appears to have been tipping off a federal man or two who made his place a hangout, as to which com- petitors were selling in the locality. Whether the road house manner stood in for coin or did it to square himself has not been disclosed. » The Democratic party of New York State probably ineorpprating a wet plan.k into its platform for the coming elections will have a wide effect against prohibition. If the IVmocrats win, which now seems quite- likely with Al Smith leading their forces for Governor against Gov. Miller, the wet effect will be decisive. The Democrats took a long time to decide, however. A wet plank two years ago would have sent Smith flying into office. Since then the "Literary Digest" has se- emed a line on public opinion about personal liberty with even the women in favor of it, and many in- fluential dailies have swung with the crowds. Sharp eyes belonging to the son of a customs officer last week re- sulted in the sensational seizure of The May-November Farm at a load of booze on the Nyando road, i Hart-date, N. Y., will probably fe- The son of J. W. Bero, a customs officer, was traveling in the family car when he came across a horse and buggy carrying two men and a number of bags. Becoming sus- picious, he hurriedly reported the matter to his father, and they started in pursuit. The bootleggers, learning that officers were chas- ing them, whipped up their horse and raced along the middle of the road so that the car could not pass. main open throughout the year, as it did last season. Nick D. Prounls, its manager, has about concluded to go through the winter once more. Mr. Prounis carried the Farm over the entire year after the stimmer season closed and had no cause for regret. Last winter was about tha most open one New York ever experienced. Another popular road house that may remain open longer than usual is Chateau Laurler at After a chase of several miles, the; City Island. Bill Werner is now The will of Edith St. Clair, former show girl, who died at the State Hospital, Central Islip. L. I., Dec. 30, filed for probate in the Surrogate's Court, New York, this week, gives her entire estate of "over $3,000" in personality to her brother, Jacob Kochstein of 124 West 115th street, who is named also as the executor. Miss St. Clair died after a lingering illness. She was a chorus beauty of 20 years ago. In 1897 she appeared in "One Hound of Pleasure," and for the next 12 years appeared in musical remedy. Her last appearance was in 1'JOO in "Miss* Innocence." P. Didd Acke'rman is perplexed. Mr. Ackerman is^ building the scenic equipment for some of the Shubert unit srhaws. Hfs perplexity seems to be how the shows can move and still open at a Monday matinee with th,e scenic equipment they are carrying. Mr. Ackerman says he has turned out sets in groups for the unit shows that would outfit the larg- est of attractions. According to his calculation, the utmost speed by a crew could not set the scenery within four and one-half hours, *yet the shows must move from on* town to another in over-night jumps and get underway for a Monday matinee. The unit shows, as a rule, will carry a back stage crew oT three men, who will work with the houso crew. For legit attractions the hanging is easy, usually, since a matinee on the opening day is infrequent. machine finally came to a wide place in the road and drew along side the buggy. Customs Officer Bero, who is about 70 years of age, made a flying leap from the run- ning board of his automobile to the horse's back. The horse was going at such break-neck speed that the customs officer could not stop him until he had run about a half mile further. In the meantime, the rum runners jumped off the rig and es- caped in the wooda. They were recognized, however, as well known residents of Massena, and warrants were issued for their arrest by United States Commissioner Law- rence at Malone. The horse, buggy and 471 bottles of Gordon gin fell Into the hands of the customs officer. figuring until Nov. 1, and with an- other weather break like that last fall .may let 'er run. I Irving Dittenhoefer (Dittenhoefer & Pisbel) returned from a Euro- pean tour this week. Though the I '< ..sure trip was paramount, the attorney conferred with Chappetl & Co. ami Enoch & Sons, London music publishers, on several mat- te; . Smith and Dale will head the Lee and J. J. Shubert vaudeville unit, ' The Midnight Rounders." Tn« "rounders'* will open at St. Louil Bept. 17. The National Theatre, Havana, 51, was built in l.s;',7. it si.its 3,C0o peopltf and cost $500,000. INSIDE STUFF ON PICTURES The International (Hearst) Is said to have rented the Criterion, New York—not leased it—for a year. The rental is to start when "Knight- hood" is placed there, and the price the Famous Players will receive from Hearst for the theatre is reported at $5,500 weekly. The sale of about CO per cent, of the territory of "The Country Flapper" on the basis of $180,000 exhibition total by the Producers' Finance Corp. calls attention to a striking "salvage" operation in the state rights field. The Glsh picture was made by one of the Griffith units with the prospeel of Paramount release. When it was finished the producer did not even show it to Famous Players, it waa stu Ived si s dead loss. The producers took it over as a gamble, and are said to have spent around $10,u00 in editing, tilling and providing accessories. By a. luT.Uy turn it secured a date at the Capitol, New York, and on that showing got a running start. It is said the Capitol date was put over with the aid of banking influence, the bankers having advanced money .on the produc- tion and aided in grot ting the Aim marketed to recover the loan. In any event, the enterprise will turn In a rich profit to the promote But state rights flyers don't always turn out BO Well. A Woman seen taiy for 0 film man. with offi l at 720 Seventh SV< nil . nvV>Ual $1,200 it, the part purchase ef New Sfork State on an*op< n market propoiuVkm. An A load of hay, a kay rig and a team of horses are the latest means used by bootleggers to run their liquor down the State. This rural camouflage was adopted last week by the wet invaders in an effort to fool the dry enemy, but it failed, State troopers and county officials seizing the booze, hay, rig and all at the town of Bombay, N. Y. Hid- den deep in the hay were 10 cases of whiskey and 1,560 bottles of beer. The troopers started to drive the load to Malone, but the horses were tired and the progress slow. Final- ly a wheel came off the wagon and an emergency call was sent to the police barracks for an automobile. Two trips were necessary to get the entire load into Malone and the operation took the greater part of a day to accomplish. Two men were urTt'iffi'rt —Mill 1 on ttrr l oad u f hay hum The Broadway and 6th avenue restaurants will have to watch their step until election time. The order ha.s gone out. A couple of more places were pinched last week. At the Hof-Brau (Jannsen) about $25,000 worth of booze was located on one of the upper floors and seized. It's the first time any liquor in quantity has been found in a New York restaurant, other than Jack's, who beat the case in a federal court. Edward Beck, who claimed fame when he produced the first revue for the Marigold Gardens', is direct- ing and producing the revue which the Rninbo Gardens, Chicago, is to have. The Beck revue will have 60 people. The Rainbow Gardens is owned and managed by Fred Mann. In its present grandeur the Rninbo is reputed to be tho finest cabaret of its kind in the country. Charles Cornell's new revue "Play Time" opens Sept. 11 at the Broad- way Hardens with Gertrude Parrish. Adele Ferguson, Gertrude Dwyer, Madam L« fcell, Ethel Onald, Frank ie Jordan and Dancing Belles, Al Wagner, Mr. Frank, Hanley and Morton ami a chorus of 12. Paul Bicsc's Orchestra will play vaudeville after s summer snga nn.it al the Beaux Arts Cafe, At- lantic City. the other driving a car without lights in advance of it. Officials believe that the second man wan acting a- pilot for tii<> booxo "ship." A third man is said to have leapt 'I ""\ < i boi i d" and escap< d. A bonding graft In eonne. < with liquor ui rests I* b< Ing to k< -l about. The Eddie Richmond Bdg4 wat.'r '■'•' h Hotel Orchestra la opening i i es •« ndod engagement at the try linstcin and Moe Smith, \ Edgcwator Ben eh Hotel, Chicago.