Variety (October 1922)

>3K-T!«- 10 EDITORIALS ■i;.-v;i- ■ ;■ >■■..•■ Friday, October 6, 1923 niETY Trade Mark Reslstered rabliahed Weekly by VABIETT. Iac. Slm« Silverman. Presld(>nt 164 West 46tb Street N«w York City SUBSCRIPTION: Annual $7 I Foreifn 18 81ngl9 Copies ; 20 Cant* AL SMITH AND UBERAUSM Again Al Smith heads the Drmocrallc ticket for governor of Kew York State. The Republicans also last -week placed the present governor, Judge Miller, in rcnomination as his opponent. Two years ago Smith should have been re-elected. Unfortunately for the show business, the Republican landslide overwhelmed him, but Al Smith in defeat made the best T\ie\ of any nominee on any ticket of that election. As against the'enormous Republican majority the State gave President Harding. Mr. Smith reversed that vote for himself. Although Harding received over 400,000 majority on the Republican ticket, Smith was defeated by less than CO.OOO votes by Governor Miller. . - VOL.. LXVIII. 110 No. 7 STATEMENT OF THE OWNERSHIP, MANAOKMENT. CIRCULATION. ETC., KKQIUKED BY' THB ACT OF CON- ORK8S. OF AUGUST 24, 1»12. Of Variety, published weeUly at New York, N. Y.. for October, 1W2. State of New Yorii, County of New York, •8.: Before me, a Notary Publir In an«1 for tbe State and County aforeaald, peraonally appeared Slnie Silverin/tn, who. havinc been duly aworn, according to law, deposes and •aya that he la the editor of Variety, and that th« followrnB >>. to the best of hin knowledge and belief, a true atatrpnent of the ownership, management, etc.. of the aforcsa.d publication for the date shown In the above caption, nnjulred by the Act of August 1.'4. 1B1-, embodied In Section 44;:, Poatal Laws and Regulations, printed on the reverse of this form, to wit: 1. That the names and addrosuns of the publisher, editor, managing editor, and business manager, are: Publisher—Variety, Inc., 134 West 4«th street. New York city. Editor—Sime Silverman, 154 West 40lb street. New York city. Managing Editor—None. Buaineaa Manage—None. 'I. That the owners are: Variety, Inc., 154 West 46th atreot. New York city. Hlme Silverman, 154 West 40th street. New York city. Sidney Silverman, 154 West 4flth street. New York city. 3. That the known bondliolderp, mort- gagees afid other aecurlty holders owning or holding 1 per cent, or more of total amount of bonds, mortgages or other secur- ities, are: None. 4. That the two paragraphs next above, giving tho namea of the owners, stockhold- ers and security holders, if any. contain nst only the list of etockliolders and secur- ity holders as they appear upon the books of the company, but also. In cases where the stockholdor or security holder appears upon the books of the company as truHloe or In any other fiduciary relation, the name of the person or corporation for wlMm such trustee la acting, is given, alFO that the aatd two paragraphs contain slatoments rmbracing affiant's full knowlciigo and be- lief as to the circumstances and conditions under which stockholders and security hold- ers who do not appear upon tM» books of the company aa trustees hold stock and securities In a cajmclty other than th.it of a bona tide owner; and this afllaiit has no reason to believe that any other pc|aon. association or corporation has any interest, dlreo^ or Indirect, in the said atock. bonds or other sectirities than as so stated by him. ^ 0. That the average number of copies of each Issue of this publication «old or distributed, through tho malls or other- wise, to paid wibscrlbers during the six nu>nths preceding the date aliown above 19 (This information ia required from daily publications only) Sine Silverman. Editor. .*!worn to and subscribed before me ibis 2U\. day of Reptember, 1922. Elizabeth A. Rellly. Notary Public. (My commission eaplrea March ao, 1928) James Terrence Duffy and Fred- erick Chase Sweeny (Mr. Duffy and Mr. Sweeny, vaudeville) need not be examined before trial Inf their $25,000 damage and injunction suit against Ed Gallagher and Al Shean over the "mister" aon^ whi«'h the plaintiffs allege is a trade-mark in- fringement. New York Supremo Court Justice Wasservogel ruled that "the examination sought ht defendants is with reference to mat- tors that tho plaintiffs must prove as part of their case" and granted Duffy and Sweeny's motion to va- cnte a previous order for their ex- amination. Tho suit now comes to trial In regular order. It Is the second In which Gallagher and Shcan have become involved over their familiar "mister* song. Bry.m Foy was the first to .sue, claiming part nuthorship of the number. Kendler & Gold.stciu are acting for Duffy and Sweeny. . - • Al Smith is no less popular now. If anything he Is more so, and made so by Governor Miller. It was not long after Judge Miller assumed office at Albany that the people of the State discovered they had put in offlce a governor who did Just exactly what it was predicted ho would do. Smith's popularity, especially up State, where Miller has steadily waned since governor, was decidedly advanced by his attitude during the Syra- cuse convention last week. The up-Staters like a man like Smith. Sjrracuse made him a lot of votes. While it looks Just now as though Smith's election is assured, that need not and should not deter show people from standing for, 8ut)porting nnd voting for Al Smith. All show people should vote for Smith. He's a liberal, and the I..ord knows In these days the show business needs some liberal-minded people at the heads of the governments. Miller is not, never has been and never will be for the theatre. He's a blue stocking, more so now than when Inducted into office two years ago, and then he was bad enough. Nofhing more need be said as far as theat- ricals are concerned about Miller's handling of the State's reins than the picture censorship bill he passed. Not alone passed, but placed a man from Watertown as cltSirman of the censoring board. "Watertown to tell New York City and State what pictures may be seen! That's even less than having Albany run Manhattan. Politics with Mr. Miller! Muzzle the theatre for the ruralite?, but play politics with an investment of billions, ia his idea. The show people need not work openly for Smith. Not through any fear of the Republicans of Miller and what they may do if re-elected, but because it is not politic for the theatre to openly declare itself in a political struggle. On the stages and the screens the theatres may remain jieutral, but under cover every man and wonyan In New York State con- nected with a theatre In any capacity should put all the under cover work they possibly can right for Al Smith and the Democratic State ticket. If thej' pan work in propaganda otherwise and get away with it, that will be all right, too. The theatre, from the biggest to the smallest, in every branch, should go out for Smith. Let no covert threat of "Sundays" by tho Republican party stop any theatre man or professional from working for and voting for Al Smith. The Republicans have done their worst; it's Vmlikely they will have another chance for some timel If there is a gamble to this forthcoming election, it's far better to trail with the Democrats, for Smith is worth the gamble. Miller means nothing to the show business. He's against it, all it represents and the people in it. TOMMY'S TATTLES By THOMAS J. GRAY [7iOTE.— Thc writer of this column left it out purposely for the pa&t sijo toeeks, to tec if there would Ite any demand fw it. Aa there was hq demand he decided to continue it.} ■■ . ■■ ■ :. ^^^^ ,• - * ;- ■■■( : ' ■ .- ;.';,... Acts wishing to write or wire their New York agents and managers this week should address all mail and wifes to the Polo Grounds. American bankers picked the world series week to hold their annual convention in New York. All the ball players' pillows aro^cing carefully watched. Never could see much sense to conventions, except that they give a lot of people no one would otherwise notice a chance to wear a badge. The last rose of summer never looked any more withered ^han the bankrolls of the fellows who owned summer parks this year. Golf champions receiving cups have taken tlve league leadership away from the Prince of Wales, in tho news weeklies. . Prohibition Jokes should be barred from all theatres. There Is nothing funny about such things as America's t^addest .mlstnke and biggest failure. After reading over out-of-town reports. It in very evident that where the people come in, show business i3 good—and it's bad where they stay away. %.■..:.:•:.->j2,.. — It has been decided that between the IIays-I..andls-Thomafl Czar Trio, the ex-judge has the best of it, because his job keeps him out in the open. The band craze is now on. No bill is complete without a gang of young men doing musictl acrobatic work. Brass factories all over the country are working overtime, while the piano and ukulele business reports an awful slunlp. So many bands are looking for v.iudcvillo time that the liotel men may have to put in harmonica players and phonographs. If Kii)ling keeps on acting the way he doe.«», he's liable to discourage a lot of people from going to war. It's not too early to .^tart. All of the staff of a theatre should be encouraged in their under cover campaigning for Smith, If the theatre does not wish to be openly connected. The unions of the stage, crews and musicians, should fully aid. ^ ,. ,. . , The wet plank in the Democratic platform is indicative of the liberal- ness of the Smith mind. He is willing to stand on that plank; he knows the pulse of the people Is for personal freedom, not the Mullan-Gage enforcement law forced down the throat of New York State, which per- mits a police officer to feel around the ankles of a woman under a restaurant table on the plea the officer is looking for bottled liquor. Work for Al Smith. / Major Georgo Featherstone /of New York has been appointed sec- retary to Governor Miller to suc- ceed W. Ward Smith, who resigned several months ago. Major Feath- erstone was sworn in at the Execu- tive Chamber in the State Capitol Monday. Ho was closely associated with the late John Purroy Mitchel in the latter's administration ati mayor of New York city and repre- rented tho motropolia at the I'an- ama Exposition at San l'rancis<o in 1915. Ensign Henry A. Tyburc has re- turned to theatricals after live years in the U. S. Navy, where he reached iho rank of Ensign after having enlisted as a seaman. Besides en- tertaining in ports and on shipboard during the war, he was a member of the crew of the U. S. t^. ' Oe.ster- dyk" when that vessel was .«!unk July. 10, 1018. Mr. Tyburc is now associated with tho Ir.i 1). Scliwaiz studios. Q. Horace Mortimer, who vas t\ ith lien Alvvell last sea.son, has an office of his own in tho Centuiy Theatre. Ho ia handling the pub- licity for tho ".Midnight Jloumlor.«," ••Whirl of N<»W York." •'Kcse Girl,' ••Oh, AVhat a Girl' units-, :;n<l thr> >l'asslns Show of IPL'I." VOTE FOR SURROGATE JOHN P. COHALAN While the show busiius:? is, contrary to its own good, aloof on local politics, it does like a good lighter. That is one of the reasons for recom- mending Surrogate John I*. ColKwan to the theatrical voters In New York at the Xovoniber rlottions. The new Hnlsh to the old-time sure-fire will probably be changed to— Though he's belted us and flayed us, ' By the living God who made us, ' You've saved a lot of acts with Gunga D!n. " While wo arc on the subject, it might be well to remember that Kipling also wrote "A Fool There Was." . > - . : V < Maybe Ruddy wants this publicity so he can go into vaudeville with a band—of poets. - ^ * ■ INSIDE STUFF Suri*ogatc Cohalan, by establi.shing his campaign headquarters In Times .s(iuare (Putnam building) got himself under the theatrical eye. When the theaUo man asks who Is Cohalan, he finds the Judge has been on the Surrogate bench for 14 years; that he has distributed millions in patronage in the settlement and adjustment of estates coming under his jurisdiction; that he hail always been of the Tammany Hall party, and that, for no reason at all as far as anyone has been able to ferret out, Tammany Hall, per Charles Murphy, decided Judge Cohalan should not have a rcnomination, the prerogative of a Justiceship, served for long years that'xloprived the holder of the lucrative law practice he-could have mfaiiwhile built up. ON LEGIT In the smoking room of the Republic after tho second act of "Abie's Irish Rose," a man dpproached another, a total stranger, and asked for a cigarette, explaining he had smoked his last "coffin nail" during the first intermission. The other obliged, and the first man offered to recip- rocate the courtesy with a "swig" on his hip flask. The pi>oposal was accepted, and the tonsil lubricating operation was accomplished in the privacy of an alcove. ^ ^ f^ruching aside the rightful claim put forward by the friends of Sur- rogate Cohalan, Tammany Hall selected as tho nominee in his place John I». O'Brien, the present corporation counsel for New York, Mr. O'Brien was set. so he must have esteemed his nomination as Surrogate an elevation, political, but in accepting It Surrogate Cohalan, against whom never a word has been uttered, was unseated aa the Murphy choice. With which action Surrogate Cohalan announced himself as an Inde- pendent candidate f<5r Surrogate and will Independently run for the office he is entitled to through his 14 years of conscientious service, placed in nomination by a legion of not alone friends, but admirers for the man who wouldn't be downed because he was turned down by the one-man machiiie. Persom*ges rather than critics or the newspapers have been qnotWI In the extra advertising devoted to some of the recently arrived Broadway attractions. The notices were good In some cases, but second string reviewers covered the premieres because of opposed openings, and the managements elected to use comment from well-known people. Th« quoting of opiniori from notables rather than critics was statrted last sea- son in the advertising of "Miss Lulu Bett." Extra advertising used for "Banco" last week kidded the personage idea of quotation, the advertise- ments reading: "Baldwin Ix)comotivc Works say 'Banco' will run all year," "Morvich " says Banco' will outrun all others," and like lines. Joe "Vion Is buying up Austrian crowns, which have a lower exchange value than the money of any of the defeated central European empires. He has about 150,000, which he says he Is going to leave in his will. The "wallpaper" investment has thus far stood him about $3.50. Vion recently returned from Atlantic City, where he rested for 16 weeks. Illness last spring caused him to give up advance agenting for the time. The New York "Times" held to Its last season order not to accept advertising carrying the phrase "The Demi-Virgin" when the Woods attraction pltfSed tho Riviera last week. Only the initials of the three words were printed In the Sunday advertisement, dashes replacing the other letters. When the farce was running at the Eltinge Martin Herman of the Woods office induced the "Times" to use the title In its list of Broadway attractions, headed "Plays That Continue." For a while "The Demi-Virgin" was not carried in the list. That is sufficient reason for the theotrical people. They will remain In sympathy with tho ."^tnto and local Democratic ticket, but they will cast their vote for Cohalan for Surrogate, just because he Is making a fight against the organization and is entitled to the vote. Cohalan is going to g( t many votes; he is going to surprise 14th street. The shov.^ people have scon In Ihelr time many a man make a single- handed light against a theatrical organizatitm of more or less strength. In tlualricals, like politic s, a fight often leads to something better. Lot's hope that this lono bander, Cohalan, wins, but. if he doesn't, there will bo Viet (or tilings in store for a man with the bnckbono he has, than tho Tamman.v llall administration would ever bring to him though he had consented to become a -Murphy mannikln. The theatrical voter will si>iit his ticket without trouble, but make the cross boforf the Cohalan name on the independent list doubly hard that i b f the }^r «'HH l»^f«»r4> tho names of tlie other Democratic candidates, so that tho politlnU mule drivris who know all tho world loves a fighter, whether they l:now or rare anything about v.hat a Surrogate does or may do. Murray A. Harris and Wiiiflold r.un> ngo, tliratric.'j) attornt \s, have remo\od thrir law ofn.cs to 1451 Bioadwax". •-■ The West End theatre. Bridge- port. Conn., is now booked by Fally .Markus, running four acts nnd a picture. One of the actors in "That Day" thought for a minute or two on the opening night at the Bijou that immortality had como to him at l.aftt. When he made exit after his first scene there was a sudden outburst of loud applau.se. He camo back beaming and bowed and bowed, and the applause kept on until Mary IMokford and Douglas Fairbanks, who had come in just as tho actor on the stage had gone out, arose and acknowl- edged their reception.. ' Edward IZoyce, presenter and director of "Orange Blos.soms." has in his cast two young women whom he has signed for long contracts, and whom he is tr.iining for future greatness. They are Nancy Welford and Mary Lucas. Miss Welford is a daughter of Dallas Welford. and made herself known In tho late William Rock's act. Miss Luca.s is a little soubret from "Chuckles." Royce has engaged music teacher.s, dancing teachers, elocution teachers, etc.. and on pach non-matinee day tho two girls "go to school" at tho Fulton theatre, going through a routine of lessons as they would in an academy. The fir.^t American showing of "The Enchanted Cottage" by Sir Arthur Wing I'iueio was given by the Bonstclic^lock laat.wcdu n'bj.^t tinn was m do by tho Engii-sh ownoi^s to tho Shuborts and W^ A. Brady, who control tho American rights, tho complaint being that tho contract c.ills for the play bring given a first class presentation here prior to its .showing in stock. The English complaint was regarded as a tethnl- C'.ity, as there is no intention to continue the "Cottage" in stock. The play by th" Bonsfoi). .s was favorably received in Providence and Detroit. Ip England, wbtrf it was prosrntcd for a short timi', it was not highly I p^iardcil. ■4