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Friday, September 8, 1822 VAUDEVILLE — — .'i'a ■. t t ■ ;i r PROHIBITION "GAGS" CAUSE KEITH ACT CANCELLATION g. a 1 , ■A 'I ■ n/x.g. Innis Bros. Closed at Franklin, New York—Didn't Obey Manager's Instructions—Act Explains to lience Audi The first cancellation by the Keith office of an act that refused to abide by E. F. Albee's recent edict banning: prohibition jokes oc- curred at the Franklin, New York, Thursday of last week, when the Innis Bros, were cancelled following a warning by the manager. The act is a two-man' talking team. One of the original innis Bros, was killed recently in St. Lou's, following a brawl witl' a taxi driver. The surviving brother re- constructed the turn with a new partner. They have beea playing tile Keith houses. The turn opened at the Fiun!:lin Thursday. After the matiato the manager requested that they "cut out" several prohibition gags, which they promised to do. At the second show ihc objectionable material had not been deleted and the manager informed them that they would 1*6 cancelled after the night show, if not talcing it out. At the last show the artists are reporWd as having related the con- troversy to the audience, remarking during the course of the act Vtkt they were glad the audience liked them but that they wouldn't be there tomorrow, as they had been cancelled. If the order is elsewhere inter- preted literally it would mean 1MB revision of any number of standard acts now placing the Keith houses. MUSHY PLAYS (Continued from page 1) hot weather descending made Wednesday oven worse. The setting back of several pre- mieres to the week of Sept. 18 leaves but three openings for next week, a period originally-carded to debut nine new ones. The open- ings are "Dreams for Sale" at the (Playhouse, "Why Men Leave Home" at the Morosco, and "Greenwich Village Follies" at the Shuberts. The trend of the new season seems- to J>e toward musical and "mushy" plays. The red-blooded dramas of the past are not present in the current times. Another attraction appears to be the |2.50 scale of nearly all of the hew musical shows, excepting "Scandals." The scale is accounted for in the quick "getting over" of the musical shows so far appearing. The withdrawing attractions are 'The Goldfish" from the latter house, ''Spice of 1922" at the Winter Gar- den, "I Will If You Will" from the Comedy (third quick flop; stayed two weeks) and "The Dover Road" from Bijou. The latter house will be dark a week, then receives "Sue Dear" which will move over from the Times Square. •'East of Suez" for the Eltinge, "It's a Boy" for the Sam Harris and "Passing Show of 1922" for the Winter Garden all listed for next week, have been postponed until Sept. 18 and at that time "The Lady in Ermine" (first called ''Lady of the Rose," an Eng- lish music show) will bow into Jolson's. The week of Sept. 25 already holds five premieres, "The Exciters" due at the Times Square, being shifted to that date, which calls for "Orange Blossoms" at the Fulton, "Loyalties" at the Gaiety, ''La Tendresse" at the Empire and "Rose Bernd" at the Lonacre. The new dramas this week did hot impress. "The Endless Chain" at the Cohan is in doubt; "Hunky Dory" cot a fair break at the Klaw; ''The Plot Thickens" did not excite first nlghters at the Booth; "Wild ()ats Lam?" was ft Wednesday premiere at the Broadhtirst. The now season's indication is under-production for Broadway and for the road*. A count-up late In July* found approximately 3fi attrac- tions in the first premiere group. with about half as many following. * Trj ?>C3t'oNdindbk Jristr ucftOfldt ID WAYBU1 STUDIOS OF STAGE DAM(IM£ 259W e st4S^St.HcwYork \ A score of the fresh offerings have already arrived, but the Broadway list is 25 per cent, shy of the num- ber brought in by the same date in the past several seasons. Four withdrawals are marked for Satur- day and only three premieres carded for next week, with the total then 32, or one less than this week. That takes the new season into mid- September without changing the situation. Signs of play shortage are noted in the shifting of current attrac- tions from one house to another. Three switches have already been made, with the influx hardly a month old. Two of the changes would ordinarily have been closings. Failure to secure new productions provided no other alternative for the houses concerned. It is patent that the field of pro- ducers has been shaken out in the last year and that the regular offices are taking plenty of time in trot- ting forth their wares. Some man- agers are dodging the early Sep- tember period, figuring high tem- peratures are the worst gamble of show business. The myriad failures of last season explains the limited list of high-class attractions avail- able for road booking. There is a mixture of pessimism and promire for the new season. Managers siting in the key posi- tion to know the volume of box office trade view the outlook in a "show me" attitude, while ticket agencies report brisk buying for the favored attractions. With fewer attractions in than usual, better business should at- tain. That is the theory of reduc- ing the number of houses and at- tractions out of town by the book- ing combination. Five of the earliest Broadway entrants are doing very good business, though no outstand- ing hit has yet been chalked up. None of the dramatic entrants has threatened the supremacy of "Klkl," and the best of the non-musicals to date is "The Old Soak," parked at the Plymouth, and "Shore Leave" at the Lyceum. "Whispering Wires" at the 49th Street, one of the earliest dramas in, is getting strong sup- port. * Two of last week's new plays will bear watching. George M. Cohan's "So, This Is London" won mixed re- views, but is pulling promising bus- iness at the Hudson, and for the two performances Monday (Labor day.) grossed $3,500. "The Torch Bearers" delighted the critics at the 48th Street. Its business did not leap to big proportions, but It is a play that figures to build when the weather settles. The 48th Street was rented. Confidence in the at- traction was displayed by the Van- dorbilt, which will receive "Tlie Torch Bearers" next week on regu- lar sharing terms. "Scandals," the George White show at the Globe took rating next to the "Follies" for its first week's business which handily beat $31,500. "Daffy-Dill" at the Apollo i» stand- ing up strongly, it getting nearly $18,500 which is smart trade at $3 top. "The Gingham Girl" leads the other new musical attractions. Its first week at the Earl Carroll brought a gross of about $13,500 which at $2.50 top shows consider- able strength in this house. The agencies accepted a buy starting this week and there was an active call for it, with indications that it is in for a run. "Molly Darling," opened last Friday at the Liberty, drew very favorable mentii n but no call had developed eirly this week. "Sally, Irene and Mary," which started at the Casino Monday night showed signs of activity in tho agencies. Heat Brings "A Slough'' In the event that you lo no( know what "a Slough" Is the definition is found in the dump of tickets fr< m the adv ince \trU ■ agencies Into the cut i ates on the 'h;it they cannot dispose of the \ it* th.-it the* !">m milllr,lrl »••••. - tm Tuesdcy and Wednesdaj nii'ht of this week raw :t terrific "slouch" and ths rut rates hai tiled al) of the bit ; of the I • ■ (.'. < r t |j . count or ;i i ound s o'ch ck. The two shows that were dumpel heaviest by the Agencies were "Zicgfeld lollies" i ml the 'George White STOCKS JUMPING UP WITH F. P. LEADING Famous Well Over Par— Loew's Holding Above 20— Orpheum Around 22 The Famous Back-Bend Balance Perfected by MISS LOLA GIRLIE of Lola and Senia In "Terpsichorean Tid Bits" »)ir<<ction: MART* FOKKIN8 Next Week (Sept. 10), Hennepin, Minneapolis SAYS CHAS. K. HARRIS DIDN'T WRITE SCENARIO Adeline Leitz Starts Acts for Accounting of Price Paid for "Slim Shoulders" Story Scandals," between 50 and 60 seats for each attraction being on sale at reduced prices. The other shows that were dumped were "Kempy," "The Endless Chain," 'So Thi* Is London," "Molly Darling," 'Shore Leave." "Fool's Br,rant," and "Spice of 19*2." Even in face of the sloughing the list of buys took a considerable advance this week with 15 of the 'current shows holding outright buys with the agencies, and in addition to this was a special arrangement which the^producers of "The Ging- ham Girl' 5 entered into with the aKencymen to boost their attrac- tion. While the management is claiming this as a buy that will get them approximately $4,600 a week the agencymen states that it is not a buy and there has been no guarantee on their part, except that tl*y stated that they would help out to whatever extent they could in pushing the seats for that attrac- tion. Of the new shows in that re- ceived buys are "Sally, Irene and Mary," for which the agencies are taking about 300 a night with a return of 25 per cer^t. which Is the prevailing rate for all The Shubert houses; "The Endless Chain" at the Cohan about 200 a night with 25 per cent return; "So. This Is Lon- don," 150 seats with 20 per cent re- turn, and "Molly Darling," 250 seats with the same return. The total list Is: "Daffy Dill" (Apollo); "Kiki" (Belasco); "Kempy" (Belmont); "Sally, Irene and Mary" (Casino); "The End- less Chain* (Cohan); "Capt. Apple- Jack" (Cort); "Whispering Wires" (49th Street); "Scandals" (Globe); "So This Is London" (Hudson); "Molly Darling" (Liberty); "Shore Leave" (Lyceum); "Music Box Re- vue" (Music Box); "Zelgfeld Fol- lies" (Amsterdam); "The Old Soak" (Plymouth), and "Partner* Again" (Selwyn). The cut rate list likewise con- tained 15 attractions as regulars Outside of the extras that came through the sloughing process. The regulars are: "The Dover Road" (Bijou); "Wild Oats Lane" (Broad- hurst); "Sally, Irene and Mary" (Casino), second balcony scats only; "I Will If You Will" (Com- edy; "The Endless Chain" (Cohan); "The Gingham Girl" (Car- roll); "The Torch Bearers" (48th Street); "Her Temporary Husband" (Frazee); "He Who Gets Slapped" (Garrick); "Fools Errant" (Elliott); "East Side-West Side" (Bayes); "Abie's Irish Rose" (Republic); "The Goldfish" (Shubert); "Sue, Dear" (Times Sq); and "Spice of 1922" (Winter Garden). COLUMBIA'S RECEIPTS (Continued from page 1) bia censors to warn weak shows, giving (bom three weeks while trav- elling In which to recognize. This season S;im Scribner. the Columbia's general manager, im- mediatcly ordered off shows report ed below par. The s!r>w tin-own off the wheel wis j<>o Maxwell's pro duct ion, playing the Columbia clr cull for 'in' flrsl lime The. other "vn ."hn ' . v . < ordf i 'o i l —t+£C—Co*—re|>.»;!,•;• were th? Sam Sidman's and Al i: • .' .- b v.--. AI the same t Ime n new production « is placed in r^- ,-il i.i y order ol tho <lolumbin •■'• ecutives, to act ns an emerg show during the season, taking ifp any va ancy on the wheel or open i ,n.<- < j ed bj • em <>i ing orders. Even with Variety's regular ticker watcher turning golf hound for a week, the stock market remained open. It seemed rather busy up to Wednesday sending along Famous Players, which touched over 106 up to then. Stock fans say that It la not a too high price for an eight per cent, stock, with other eight per-centers running in the list be- tween 115 and 120. At the same time it is not far distant from Famous' highest, 112 or thereabouts, the quotation given It when first listed on the Exchange. The insiders seem to believe that this will be Famous' best year for profit. Claims are made that the indications all point to it. These In- dications are taken from the early showings that included a couplo of box office winning films, besides the universal interest expressed in "Paramount Week." Still an inside pool seems to bo suspected In Famous' rise. Almost as much interest has been evident in Loew's going to above 20. This occurred while Marcus Loew was absent in Europe. The lifting Loew's quotations may have been a reflection of the increased business over the Loew circuit of past weeks. It is oddly coincident, but the exact replica of the current condition oc- curred previously, when Marcus Loew left New York for a lengthy trip. Mr. LoeV, however, does not advance himself as his circuit's in- dex for business. The weather break has been the Loew's business vane. No better guide to that could have been seen than Labor day, when the Loew cir- cuit must have done $65,000 more gross on that day than anticipated. Weather differs Loew's business something like this, as estimated for Labor day: Loew's State, New York, ordinary on the warm holiday could not have done over $3,500; It did $6,000. The New York (Loew's) combined theatre (roof and down- stairs) would have gotten $1,800; It did $4,000. Loew's American (up- stairs and down) might have done $2,500; It did $5,000. The Loew's annual statement for the fiscal year, recently ending for It, will shortly be given out It la said that report wll read according to the understanding of the reader. It will show the amount of the In- vestment by Loew's in Loew's Western, since dropped off the main chain, and this is reported to have been a very large amount. In re- turn for it Loew's has the Warfleld, San Francisco, and State, Los An- geles, both wholly held by Loew's, since Ackorman & Harris upon ac- cepting the return of the other Loew's western houses (some of which were A. & H.'s before merg- ing) relinquished their 25 per cent, interest in each of the two Loew coast houses as their share of the separation deal. While the drop of the western Loew connection was a gain for Loew's, as a deficiency preventer, Loew's stock failed to show any appreciable strength through It when the dissolution happened. It is asserted, however, that few lay- men are Loew 'stockholders and that if the Loew statement does an- nounce an unexpected western In- vestment, the theatrical holders will not be affected by it. While many profess to believe that Loew's jvill continue to climb on the market, the ascribed reason for its present price is that the In- siders had to send the price up to bring the stock out so they could buy it. Holders of Loew's seem mostly In the class that purchased at 20 or over, as far up as 36. Re- maining holders of those buys held on rather than sell at the lows of past months, with others who had pledged the stock wiped out long ago. As no inside pool is rumored in trio present Loew» movement, the assumption the insiders now want to buy and forcing are forcing up tii<- price to secure the stock seems general. Loew's i-i reported to have a larger cash reserve at present than at any time since tho company re- Q£C Liii 'I :. • ; in ili.Iy through having pa • ■•! dividends without further build operations to be financed, That Is said t«> have bean t b<- origin 'I Intent Ion <>f Xa ew's when parking its first dividend, lo tool . It With a heavj « h surplus, \ ithout having financial worries :< < ■ I to a ppe se <'i \ idend Papers were drawn Wednesday by James A. Timony, as attorney for Adeline Leitz. in an action Miss Leila authorised her counsel to com. mence, to secure an accounting from Charles K. Harris of the amount he received for the scenario to "Slim Shoulders," the feature film at the Capitol, New York, this week, star- ring Irene Castle. The legal papers will also include an application for an injunction against the further showing of the feature unless the name of Miss Leitz is placed in the billing and ad- vertising matter. The picture is re- leased through the Hodklnson dis- tributing organization, but was not' made by it, and the complaint will not charge that either the producer or distributor of the feature was directly concerned in the omission. Miss Leitz alleges she has sup- plied ttje scenarios for all moving pictures that have borne Harris* name. Harris Is the music publish- er, mostly known to Broadway fame of some years as the publisher of "After the Ball." The action for an accounting Is based upon the amount Harris is said to have Informed Miss Leitz he received for the scenario of "Slim Shoulders," $1,500,, of which he gave the scenario writer $500, saying that was her 50 per cent, (as per ar- rangement through Harris suggest- ing the title) and that the remaining $500 over the $1,000 divided was necessary for purposes explained to Miss Leitz and which were satisfac- tory to her. These reasons were ex. plained,*says I^iss Leitz, after Har- ris had first Informed her he was to receive $1,000 In all, but she ex- pressed a doubt upon hearing the amount and the name of the pur- chaser, when the $1,500 was ad- mitted. Later, Miss Letts states, she be- came possessed of information which has led to her suit for an ac- counting of the full amount received by Harris, which she alleges Harris received some weeks before making a settlement with her. When receiving the $500 from the music publisher, Miss Lelts says, she was asked to give a bill of sale In return, instead of a receipt, and agreed. Upon the picture being shown at the Capitol, Miss Lelts dis- covered the understanding that her name was to appear had been vio- lated, when she consulted Mr. Timony. SOUTHS LIKE "JOHN STUFF" Los Angeles, Sept. $. Thomas Kimball Fitch, son of a Pittsburgh millionaire, has started suit here to compel Betty Ormand, a former well known actress, to re- turn a number of gifts of jewelry and other expensive trifles to him. grabbing stockholders. The surmise also Is that Loew's may declare a February dividend of the usual $2 quarterly on com- mon, with some apparently having sufficient faith to offer one to two (not two to one) that Loew's will resume dividends in November. Orpheum has made little movs within the week. The situation there appears to be a waiting one to obtain a line on how the present complicated playing politics in the several Orpheum's strings and houses will work /out. Goldwyn held at around 6%. with no sales noted .leaving the stock motionless. T m it's toasted. Thlf one extra p roc esc gives a delightful! quality that can not be duplicated