Variety (October 1922)

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i r-v'ir.':' BURLESQUE Friday, October 6, 1022 -ji^ " ^ LOUISVILLE OFF COLUMBIA; SIX ONE-NIGHTERS IN PENN. Revision of Wheel Route—Columbia Shows and Shubert Units at Mishler, Altoona, Pennsylvania, Weekly A general revision of (he Colum- j bla burlesqii« wheel route decided on last week calJa for a number of changes—among them the dropping out of the wheel of the Gayety, J»uisville, which stops as a Colum- bia stand, Oct. 7, with "Step Lively Girls' the final show; the addition to the wheel of six one-night stands In Pennsylvania; and the playing In Altoona, In the same houfe (AflRhler) of Columbia shows and Shubert vaudeville unit shows. Co- lumbia shows playing there Fridays, and Shubert shows Tuesdays and Wednesdays. The Gayety, Louisville, was an American wheel stand last season and several previously. The house haa consistently been a failure with the Columbia shows since the be- ginning of the cuxTcnt season when It went on the Columbia wheel. Gerard's 'Tollies of the Bay" rated as one of the best drawing curds on the Columbia wheel this and last season, did but |3,400 at the Gayety, Louisville. "Broadway Brevities," the Ed Daly EhbW, played to about the same figure the fol- lowing week, and no show since the opening of the house with Co- lumbia attractions in September has done any better, with several doing much worse. One thing that helped coii.*Jlder- ably to make Louisville a bloomer for the Columbia shows was that Saturday night had to be eliminated in order for the shows to make the Jump to St. Louis. Even v.lth the Saturday night out in Louisville, the Columbia shows have been reg- ularly aniving late In St. Louis since the season started, some not getting into St. Louis so that the Sunday matinee could ring up be- fore 4 p. m. Hereafter the shows will travel from Cincinnati to St. Louis with ample time to make the Sunday matinee in St. Loui.«», after the kIuiw closing in Cincinnati night. "The Mimic World" which was to have played Louisville Oct. 9, jumps from Cincinnati direct to Omaha opening Uiere Oct. 14, with a six- day lay off, the week starting in Omaha hereafter on a Sut\irday matinee, instead of Sunday matinee. Regularly the Columbia shows will jump from Kansas City to Omaha with a week lay off in between. Omaha wa»,another point the shows were arriving late. The shows will close Friday night in Omaha here- after, with Minneapolis scheduled as the following stand with Sunday matinee opening. Minneapolis had been getting the shows consider- ably later than curtain time Sunday afternoons, through the shows ilos- ing on Saturday in Omaha witli in- tufUcient time to make the jump. The changes leave two lay off weeks In the Columbia circuit, that caused by Louisville dropping out, and one between Kansas City and Omaha. The changes place the "Mimic World" two weeks ahead of its route and drops all of the other Columbia shows, following the "Mimic World," back a week in wheel rotation. The one night stands added to the Columbia wheel are Allentown, Reading, I^nraatpr, Harrisburg, Al- toona and "W^lliamsport, all In Penn- sylvania. One or two of these were on what was called the Penn Circuit of the American wheel for several seasons, up to last year. The Penn towns were rated as very good for the American shows, most doing business even after the slump started last season. The shows will go on the Penn route of one-nighters after playing Washington. After Williamsport tbey will play Pittsburgh for a week. The former route had the shows jumping from Wafliingtoo to Pittsburgh. and routing to Kansas City, then to Omaha and next to Minneapolis, all long and difficult jumps to make the two organizations are routed the same. Without the open week, the shows could join In securing special train Ecrvlce and thus Insure getting In to eaclj city In time for the matinee showing, both outfits having Sun- day afternoon openings. The break l>etwccn here and Omaha will spoil this and may work a hardship on the Shubert units. The Columbia shows will have five days to get to Omaha, and will, no doubt, use some of the time play- ing St. Joseph, Mo., and probably will fill a day or so at Lincoln. Neb., and still get into Omaha with time to Sparc. The Shubert shows, how- ever, will have to depend upon the regular service, or hire a special train alone for the jump. While the distance from here to Omahci is but 200 miles, the night trains aro scheduled to leave at 10:40, but have been held for an hour for the shows. But even this makes It almost im- possible for some of the heavy ones to get down, loaded and to the train on time without cutting the Satur- day night performance. MAY WIRTH AT $1,500 EXTRA AHRACTION BIG MONDAY Columbia, N«w York, Opons Cur- rent Wsck Big The Hurtig A Beamon show. "Social Maids," at the Columbia, New York, last week did about 17,200. This was a drop of approxi- mately $100 under the preceding week's bBsiness grossed by Irons & damage's "Town Scandals,''-which did 17,300. Columbia's business was gener- ally better at night performances last week, but dropped off at mat- inees. Unusually warm weather for late September is ascribed WM the reason for the falling off. Monday of this week (Tom Kip- pur) the Columbia did Its largest matinee business for a Monday since 1918, or during the boom times of the war period. "Chuckles" sold out at the Monday matinee tlvls week, with so many standees the glassed section back of the orches- tra rail was thrown open to permit the three-deep standers to catch a glimpse of the show. ICUSICAL SlIOCKS IN CINCY Cincinnati, Oct. 4. The Empress, which haa been playing very small time vaudeville, has been taken over by Jules Frankel, of this city, who will In- augurate a policy of musical com- edy beginning next Sunday. A company of 20 will be brought here from Castle Garden, Chicago, where it has just completed a long run. First-run niovies also will bo shown. Performances will be given at 2 and 7 p. m., except on Saturday and Sunday, when the shows will be continuous. PARK, STOCK BURLESQUE HOUS^ HGURES IN THREE COURT ACTIONS J Tom Howard, Leading Comic, Enjoined—Sallie Fields Attached for $300 Portrait Bill—Bimberg't Sunday Picture Victory ^- .'•J Equestrienne Is Engaged to Strengthen Bedini Show for Rest of Season \ / In line with the re;-.orted plan of Columbia wheel producers to strengthen their shows this season with extra attractions of the head- line type, Jean Bedinl's "Chuckles of 1922" will have the May Wirth equeatrian act a;, an added feature when the shtrW p'i.«ys the Casino, Brooklyn, Oct. 9, and thereafter for \.\m season. The "Wirth act ""ill receive about |l,00(i for the week's engagement. The riding turn will be set in the show in the circus scent?.' Several years ago the Columbia shows usod headline turns as (features to strengthen their shows when play- ing around New York, but the added features have not been used to any extent since the flush years of the war period, 1917-18-19. Bedini will have two shows In Brooklyn week of Oct. 9, an unusual thing in the routing of Columbia shows, although several producers control more than one attraction. "Rocket.s," in which Bedini and Rube I^ernstein arc jointly inter- ested,'and a new show on the Co- lumbia wheel, will play the Empire, Brooklyn the same week. DATE AT PARK OFF George Stone and Etta Pillard called off their intended four weeks* engagement with Mlnsky's Park Music Hall burlesque stock organi- zation last week. The team were to have opened Monday with the Min.sky9. - A reported conflict between Tom Howard and Stone and Pillard over what the team would be given in the way of parts and business in the Minsky company is understood to have caused the withdrawal. S'lOne and Pillar* were to have re- ceived about $450 a week for the four week's engagement. BONITA FINED AFTER ROW Broker Causes Actress* Arrest After Jam in His Home Nina Dignum Was in Burlesque Syracuse, Oct. 4. Nina Dignum, dancer and actress, shot by her rejected suitor, Murray Levinson, who then committed sui- cide, in New York last week, is a former Syracuse girl, and two years ago was reported engaged to a young theatrical man here. Miss Dignum was quite a favorite here during the AVorld War period, when she appeared in stock burlesque at the Hast.-vble. I^ater. she was In Mollio Williams Own Show on the Columbia wheel. She is a slsler-in-law of Emil "Jazz" Casper, blackface comedian, of this city and St. Louis. Casper, formerly of burlesque, is now with a Shubert unit. "Hippity Hop" Opening Ne^t Week ' Peck &, Kolbs "Hippity Hop" will open on the Columbia burlesque circuit Oct. 9, playing the week of one-nighters in Pennsylvania. This will necessitate a switch in the bookings whereby the "Mimic World" will follow "Follies of the Day"' Instead of '"Step Lively Girls." '"Hippity Hop' 'is a new attrac- tion for the Columbia circuit. Bonita Hearn (vaudeville) was flned $25 by Magistrate Edgar V. Prothingham in the Essex Warkct Court, New York, Tuesday on com- plaint of Harry C. Rice, broker, on a disorderly Qonduct charge. An es- cort of Miss Hearn's paid the fine. Rice had the dancer arrested last week when she visited his Waj»hing- ton Mews apartment and refused to leave. Rice met Miss Hearn three years ago In Cleveland where he was introduced to her husband, Lou Hearn. Miss Hearn did not take the stand but RIc^ admitted lo lier attorney he is defendant in a suit for assault begun by Miss Hearn. Kansas City, Oct. 4. The new routing arrangement, ■^ making an ox>en week, between Kan- sas City and Omaha, for the Colum- bia shows. Is going to spoil the rail- road arrangements, which liad been framed up to the mutual advantage of both the Columbia burlesque at- tractions and the Shubert imlt •howa. Commencing at St. Louis SINOEB, JR., IN DEBUT Adolph Singer, son of Jack Sing- er, producer, is making his debvt hereabouts as an actor In a comedy turn, teamed with Dan Maley. Young Singer, who has hereto- fore confined his stage activities to authoring his father's and others' .shows. Is doing a Swiss character, assisted by a triek mustache grown for the role. The act is titled "Hokum De Luxe." GOLDm S CBOflNAL ACTION Murray Cohen of 729 Seventh ave- nue. New York, was served with a magistrate's warrant In criminal proceedings Instituted by Horace Goldin, who alleges Cohen infringed on his "Sawing a "Woman in Half" trick and also lifted his routine and talk. The defendant was served at the Rockaway theatre late last week. The m.itter has been adjourned to Tuesday. Goldln's legal differences with the Weiss Bros. Clarion Photoplays. Inc., has developed into a tempo- rary truce. Louis Weiss and Avel B. Silverman (House, Grossipan A V'orhaus), Goldln's attorney, have been appointed receivers of the "sawing" film An arrangement has been made pending the final determination of the suit whereby booking contracts may be continued and new contracts made under the receiver's direction. Johnny J. Klein,. the carnival owner and manager, has returned tp the vaudeville field again. He I9 located In the Putnam^ building. New York, where he Is producing shows and acts In co-operation with Nat Jerome and Dave Greene. The Park, on Columbus Circle, New York, now playing stock bur- lesque under the Minskys' direction, figured in three court actions in one guise or another during the past week. Harry Hastings won an in- junction against Tom Howard, the leading comic at the Park; B. K. Blmberg waS sustained in his suit to retain occupancy of the Park for Sunday picture presentations, and Sallie Fields, one of the cohapany. was 'served in a body attachment on an artist's bill. Justice Callaghan in the Brooklyn Supreme Court Monday held for the Harry Hastings Attractions in its injunction suit io restrain Tom Howard from appearing for the Minsky brothers at the Park Music Hall, New York. Hastings' conten- tion that the plaintiff had a prior claim on the comedian's services for a period expiring 1924 was sustained by the court, which agreed with Hastings' prayer that the deprlval of Howard's services would work Irreparable loss on tho plaintiff. Hastings claimed Howard was his principal comic in his burlesque show, but the production is ..ow suffering through t*e substitution of inferior talent for Howard, who is termed "unique ancT extraordinary." Justice Callaghan doubts the de- fendant's allegation their contract was mutually abrogated. His lengthy opinion Is interesting as regards theatrical Interpretation of "unique and extraordinary" services. Tlfls Is an excerpt from the judge's decision: "I am not impressed by the de- fendant's contention that the con- tract was terminated by mutual consent. Such ft the assertion of the defendant, and it is denied by the plaintiff. The truth can best be determined from the probabilities. There seems to be no rea.son what- ever why plaintiff should terminate the contract. The ^^fendant had proved to be a success in the attrac- tion staged by this plaintiflT. He had received favorable comment in the press in the various cities In which lie had played, and gave promise of rise to great heights as an actor on the burlesque stage from the commencement of this contract. It is contrary to the usual actions of men under such eircum!?tances to assume that plaintiff wou^d desire to cancel a contract which gave to it the as.surance of satisfactory re- turns. . . . The contract contained a negative covenant whereby the de- fendant, no doubt grudgingly, ad- mitted that his services were unique, special and extraordinary, juid that he would not. in the event that the plaintiff should apply to a court of competent Jurisdiction for an in- junction to restrain the violation of this contract, set up or interpose in such an action the defense that his services are not unique, special or extraordinary or that an artist could be or can be obtained to rr-nder similar services. The estimation which he has of his ability as an artist irf? however, not controlling, as the question w hether his services arc unique, special and extraordinary must be determined by the court as one Of law, and if a consideration of the facts leads to the belief that such is the ch.aracter of tJio services of this defendant, an Injunction could issue to restrain liim from breaching his contract. Men should be compelled to [perform their con- tracts in proi)er <ases. In justifiable breaches of contracts should never be countenanced. The dltlietUty in all cases of this character is to de- termine whether or not the services of an artist come within the cate- gory of those mentioned in tho vari- ous decisions upon this subject. It Is not always an easy question to determine. This d*-fendant is on the burle.'^que stage. That, however, in itself does not mean that his serv- ices are not unique, special and extraordinary. Men may show such service in any walk of life. A hor.«*^- shoer may be so proficient in his work as to faU within kWin elrtss. The,same is true of a 'MrpenWr or of a mechanic, it cannot he dfter- mine<l |*y the pnitirulnr crillin^, btit by the personality exlubitcd in the conduct of one's work. It has be«'n held that a br.seball i»h.yer may bo enjoined from rn'ie'i^tj ino 1:1- service of another during the period covered by his contract. I know of no better way to determine whether this defendant falls within the efusa mentioned than by a perusal of thai critiques of persona In his calling. The defendant was on the circuit in the employment of this plaintiff during the season of 1921-22, and plaintiff ha8~ gathered and submit- ted upon this motion clippings front the newspapers in the various eltiea Vhere the defendant appeared. It may bo well to quote what the cilt- Ica have said concerning him." A number of newspaper and trade press theatrical criticisms are thea quoted to bear out the judge's con- tention. James A. Tlmony acted for Has- tings. Judge Leonard A. Snitkln (Snltkin & Goodman) represented the defeated actor. Park's Sundays Bernard K. Bim'oerg was granted his Injunction against John t'ort^ Earth Realty Corp., William Minsky, Louis Minsky and John Cort, Inc.^ to restrain them from interferinit with his occupation of the Park music hall premises for Sunday pic- ture performances. Blmberg claims a contract to continue his Sunday shows until 1924, alleglrg his rent for the weeks of Sept. 3 and 10 was returned by Cort, who notified him that their lease had expired. Blmberg's contention was that ha had built up a profitable Sunday picture patronage, but that the Min- skys, who are conducting a stock burlesque policy during the week days, were desirous of depriving him of his effoi-ts and in^tal Sunday pic-* tures themselves. Biniborg's contract for the Sun- days called for 110,000 annually^ with a renewal at |13,000 if his net profit for the first year exoee«led $4,000. If under that amount Bim- berg was to cpntinue at $10,000 % year. The plaintiff alleges the latter through Nathan Burkan. He origi- nally sued^for. an Injunction and $100,000 damages, but Justice Isidor Wasservogel in the New York Su- preme Court ruled that Blmberg post a bond, the amount to be de- termined later, with the privilege to the defendant of an immediate trial before a referee. Incidentally It Is disol sed In tha papers on file in the County Clerk's office that the Minskys aro obligated to pay $20,000 annually for fiv« years for their rental of the I'ark from Cort, plus a 50 per cent. Inter* est in the net profits, which, if fall* Ing shy of $20,000 a year, call •. for the Minskys paying the deficit up to that amount out of their own pockets. Sallie Fielda Attached Sallie Fields, appearing at <he Park Music Hall, was in the midst of her "Who Cares' number when Deputy Sheriff Morris Ihscnstein burst in on her and served a body attachment on the dancer. It waS signed by City Court Justice Callahan, w-^o issued the order on complaint of H. Edwin Keller, an artist, who claims $300 i)lu8 interest for services rendered in painting Miss Fields' portrait. The songstress was released in $100 btail and must show later this week why she should not be punished for contempt of court. \ i ^'t DALEY^S^ROSS Get |7,500 in Kansas City—Laugh- ing Show Kansas City, 0:'t. 4; Ed Daley's "Broadway BreviJes." the attrartion at the «ifJjyety here.; last week, is the surprise of the western amusement managers. The week here it drew clo."e to $7,500, u and the week before at St. Louis the busiru'.sr, was almost $10,000, with terrible heat and a s n^auonal bd.sebail sorios against it. •• Jioth wf-«>k** w e re above - <he i i tk * - ings <if tile big Marlon r^ow ahead of the Ih-evities. I^.'iky is another of thr^ o!d Anur- Ican wbefl managers lojikinc his first trip over the Colunir.:.! r rcuit. ■. He has the greatest laus'liing s'lOW ; s>< !i li« r'- III s MCiison.