Variety (October 1922)

■j,*-r ^i'"^'. -^iJW- iT.'^. 3." !.■» . Mk^ Friday, October 6, 1922 LEGITIMATE '■■ ':,.'.Ji»,w:r"jr'WP^'r''.'7i9T'.'?Tf7"-'>ts:>"T7r* 13 BANKERS GIVING BROADWAY :«•: THEATRES VERY GOOD WEEK Depressing Weather for Box Offices—Operettas on Top This Season—New York's Legit Houses Better Balanced at Present MILEAGE HEARINGS Traveling Salesmen Fathering R3* duetion Bill Broadway managers are giving more attenlion to tbf presentation of the operetta style of musical show than at any time sinoe %he re- vue vogue come lit. fVhia season at least five productions of the operetta school wiU be presented. - Two have already arrived. Operetta declined In favor with ' the/Advent of the war. The clos- ing of the Vienna source of supply for that class of attraction switched attention of producens to other forms of musicals. During the past summer showmen who went abroad i^earched for operetta prizes And they form part of the schedule of foreign works to be siiown this beabon. From a producer's standpoint operetta is considered less hazard- ous than revue enterprises. While productions for operetta may be costly enough they approximate but a percentage of the outlay and operating cost attendant a major revue^ In the matter of cas'.s the problem In much simpler also, be- cau3e aHide from the .salaries of the leads, tke casts need not be high (iaiaried, as is the requirement of revues, often weighted with spe- c'alty people who command big money. This week's premieres carried a pair of operettas, A. L. Erlanger opening "The Yankee Princess" (known abro^ as "Die Bajadere." of Vienna origin) at the Knicker- bocker, and the Shuberts spotted "The LAdy in Ermine" at the Am- bassador. The latter show comes from LfOndon, whei^e it la known as •The LAdy of the Rose," but its score is of German origin. The Hhuberts who last season landed with "Blossom Time" also a foreign work, are to soon ha>'e two addi- tional operettas, "The Springtime of Youth," now open and "Old Heidleberg" adapted from ^he origi- nal play and fitted to a foreign score. Others are known to be in tlte making, although they may not come along until later in the season. One Is "Love in an Inn," a German piece secured by H. W. Sav.age. •■Frasquita," a product of the Vien- nese Franx L'ehar, al.so reported se- . cur64 for American presentation. The entrance of the operettas and the recent arrival of serious drama Jii New Yojrk have given the pro- duction of the new sea.<3on more balance. All foUr of the heavy ilramatica have drawn attention. "Rose Bernd" with Ethel Barrymore at the Longacre looks assured of Ktrong support for the three months. It had but six performances for the f^rst week, .the takings $13,200. "Loyalties" at the Gaiety was cred- ited by reviewers as the best play of the season. "East of Suez" at the Eltinge pulled big business on the first two floors for better than $11,500 the first woclc. "La Tendrep««" got in and out notices but dreUr nearly $12,000 for its opening week. The latter ehow and "Rose Bernd" arc- scaled at $3.30 top. "Malvaloca," the Equity play at the 48th Street, attracted some first lino critics at the premiere Monday. The consensus of opinion was that it is an Indifferent play. In the agencies there was no demand noted. For its week in Baltimore, the opening point, the week'a gro.ss was reported to have been $5,500; very small. The premiere card was heavy this week, "That Day" at the Bijou and ^'Dolly Jordan" at Daly's 63d Street opening Tuesday. "Revue Ku.ise" entered the Booth Thursday and "The Ever Green Lady " the Punch and .Judy Saturday. . Th? two oi»- eretta.s and the Equity attetnp^ pave the week seven new ittrrations. "Thin lee" was added to the card last Saturday, tho show r^^linjl.tin^ - the C<»me<ly and wiji niin? i'ivnr:ih|g met^tion. IncJian .summer throafen •1 lo do- ^ pro.H.s I'roadway this week but the Indux of visiturs. headed I y on (r 10.000 tlele^ates to the iXrnoiie.in Itankers* A.ssociation convent ioi. livened up liox ollice.s all along the line from Tuesday on. Mouduy was a naturally big theatre night, it being the occasion of il\<i JevvUli holy day, Yom Kippur. "So This Is London" held its po- sition at the head of the non- dratpatic list, the takings last w^'k going to $16,000. "Kiki" continuerf to hold its standing and is close to capacity, despite the frfaher off#^- ings. "The Awful Truth* at the Miller, and "The Old SoaK,' stand well up in the ranking. Ziegfeld's "Follies" continues to lead Broad- way at the New. Amsterdam, and the 'Greenwich Village Follieai' holds second place. The latter show bent $27,000 last wee*, which is a reccid for the series. Final hearings on the reduced mileage bill for the benellt of per- sons who travel extensively is scheduled for Nov. 10 before the Interstate Commerce Commission in Washington. After this hearing the I. C. C. will finally determine Just what mileage reductions traveling professionals, salesmen ct- al. may beneAt by. The VVaUon Bi'l No. 48. fathered by the National Council of Travel- ing Salesmen's Associations, calls for a mileage reduction to be deter- mined by the I. C. C. The salosmeii ask for a 3,000 mileage book at a 33Vs per cent, reduction, to be used within a year. The railroads, who are bitterly opposing it. offer a 5,000 mileage book to be used within six STAGE MGR. AND WIFE ARRESTED BY SINGER Mr. and Mrs. Geo. l/lorris Held for Grand Jury—Assaulted When Seeking Salary Conditions on the road show no months at a 10 per cent, reduction. The railroad-s' contention is that the considered reduction is class legis- lation and discriminatory. The salesmen and actors refitte this By stating that they ara com- pelled to pay full fare, Pullman and 50 per cent, surcharge, whereas a clergyman, by showing, a clergy- man's certificate, gets similar ac- commodations for half the toll. If that is not clas.s legislation, what is, has been explained to the com- merce commission. < ■ .. The railroads are resting on the theory that nn actor has got to travel. That ia his busine.s.'? and tlie only means of conducting it. sign of Improvement. Wide diverg- ence in the business of the suc- ces.*<es and shows not wanted com- pare wi^h Broadway. Opening night f?ro.sses of $1,900 often give away to $500 houi*e3 the second night. Reports of shows being taken off the road continue to mount, with managers coming to quick deciaions in ordering in the losing attractions. Lack of attrac- tions in some territories is com- plained of and given as one reason for bad attendance. "Turkles" have been known to have been sand- wiched in between the better at- tractions and the latter when at- tempting to follow have fallen down. Leaving 3>*oadway this week are "The Endless Chain" fr'om the Cohan, and "Hunky Dory" from the Klaw. The latter attraction will play an extra performance Monday, the house being sold out to an or- ganization on that date. Two other attractions which opened last week were in doubt of continuance past Saturday. In both instances the initial gross was about $5,000. Next week four new productions will be shown, "The Queen of Hearts" at the Cohan, "R U R* at the Garrlck, (Continued on page 15) SALARY CLAIMS Joint Committee Rules They Mukt Be Substantiated in Writing TWO BOXERS Leonard and Villa Koo" in "H itchy Elmlra. N. Y.. Oct. 4. CJeorge >Iorris, stage manager, and his wife, also one of the principals of ^{ringing .Up Father," face ac- tion'by the December grand jury at iSayre, Pa.. Just across the state line, as the result of an alleged attack upon Stella Leroy, a chorus girl, formerly with the troupe. Morris and his wife were released on ball, after being held for grand jury ac- tion by Justice George F. Bonfoey at Say re. According to the story told by Miss Leroy to the Say re authorities, she reported a few mmutes late for a rehearsal Thursday. The stage manager, Morris, reprimanded her, and the chorine countered with a 'derpund for two weeks' salary, al- leged to be due her. The argument grew heated and Mi.«is Leroy claims that Morris finally struck her. At this point the stage manager's wife took a hand, and Misa Leroy .nays she was tlie target for another blow. The chorus girl beat a re- treat and started for the town hall, falling in a faint on the .steps lead* ing to police headquarters. Chief of Police K. F. Keller of Sayre. walk- Inar out of his ofHce, stumbled head- long over the Rpn.seless girl's body. With other oflleor.s, Keller carried til.? girl into police headquarters xind there, revived, she told her story. Later, escorted to the olfice of Justice Bonfoey, she swore out the a.ssault warrants against Morris and his wife. At the hearing, Miss Leroy swore the members of the choni.s a.s her witnes.ses, while th^ Morrises had fully a third of the compiny on the witnes.s stand In dftfciue. but lost the fight. NOnCE TO ARNOLD DALYi BUT NOT ACCEPTED star of 'On the Stairs' Makes Speech to Audience—Does Not Like His Manager i At^ a ses.sion of the Producing Managers' Association-Equity joint arbitration committee last week, it was ruled that hereafter no claim based i^n salary reduction will be accepted unlea.s the claimants in- troduce written evidence that the reductlcn was not accepted volun- tarily, fio many cases of th\» kind have como up minus any concrete substantiation the commi'teo de- cided Its time wa^ being wasted by di.sputes unsupported, except by the word of actor and manager. A case df that class was dropped from consideration last week when a player In "Main Street" sought recovery on a claim for back salary. He admitted taking a reduced s&lary for 23 weeks, but signed the payroll on the final week under protest. The manager stated the player had not previously protested, that being contradicted by the actor. One case was settled at last week's arbitration session, an award of two weeks' salary on the grounds the original contract dated more than two months prior to notice of cancellation. An actress engaged for "Nice l*eQple" July 24 wa.«i not noti- fied she would not be used until Sept. JJ5. The manager contended Sept. 24 fell on Sunday and there- fore notice ^ould not be given until the following date. The arbitrators ruled that the GO days permitted vvhereiy an arti.'+t may be cancelled is not inluslve from date to date, and in this ca.se the final day fur nodee was Sept. 23, Canov-'llatirti of the Ktand.trd contract may h'.ho be made within tlie first 10 day.s of K licar.sal. Harold Atteridge has written the special act in which Benny Leonard will appear in "Hitchy-Koo" which ia lUted to open in Philadelphia next week. The turn will be called "The Punch." The lightwelgh^ champion will box a number of weH known ring stars, provision being made for that In the act. One of the scrap- pers listed to work with Benny is Pancho Villa the PhiUiplno bantom- weight who recently won the title from Johnny Buff. NathaU the French monk Imit- ator, who has attracted much atten- tion abroad and who works along the balcony rail and boxes, will join the new Hitchcock bhow. Max and Moritz the recently imported monkey turn was slated for the revue but will be usecj to strengthen Shubert vaudeville units. Next wt'ek the act will make its Pfiw York debut, ap- pearing at the Central as a feature of Jos. Galtes' "Gimme a Thrill.- OPERA AT EASTMAN First at New Theatre—Pop Scab Guest Artists ESTATE OF $79,000 t -—'— • William Sampson Left All to Wife. —Was With Daly Stock Fixing* Carlton Piece "Paradise Alley." X HOW inu.ti' al comedy recentry |jrt»diiced by Carl Ca!lti>n was bioJt;lil m Monday The attraction recently o|>ened in Bo.^loi' iiid piiy<'<l I'hilacU-lplii.i last v/eek vU»ore it closed. ConMdei;«ble chanmiu; is necefe.s.iry both in cast aud bhow. f Rochester, N. Y., Oct. 4. Next week will see the first opera season at the new Eastman. The San Carlo Grand Opera Co. will be assisted by about a dozen guest artists, making It the most notable opera organization ever here. --.^ The combination, Inclurlincr the San Carlo and l-^astman orchestras. insures Roohestor of a w^ek of music which Is attracting attention Poptilar prices wiy rule. 'J'he top price for the ground floor is %Z. with part of the floor selling for $2 50 and 12. The price.'* scalp down to |l in the ba'cony. nightd, and 60 cents ill the afternoon. MAYER LEFT $8,000,003 Lawyer's Will Oividss Estate Be- tween Wife *nd Children AVIlllam Sampson, veteran come- dian and character actor, who for more tlian a year played the crusty father In "The First Year" at the Little theatre. New York, left an estate of $T9,847.27 when he died, April 5, according to a transfer tax State appraisal of his property, filed last week in the Surrogates' Court, New York, showing that it consisted of the following: Cash on deposit with Guaranty Trust Company, $2,074.90; cuff links and studs, |60, and in securities, $77,712.37. , /.. Charged up against this sum, $73,847.27, however, are expenses of $.5,276.22—funeral. $1,802.48; admin- istration, $2,000; creditors, $485.37, and executrix's commissions, $988.47 —which make the net figure $74- 571.05. ■ - ' l^n<ler hi.s will, ox^cufed June 11, 1921, this pas.^ea to his widow, Mary Webster Sampson of Hotel Seymour, New York, she, without bonds, being al.so the executrix. Mr. Sampson, survived also by a brother and a sister. Albert B. Samption of 279 East Main street, Marlboro, Mass.. and Mrs. James A. Richardson of Meredith, N. H., had been in poor health for some time and died of heart disease. He was born in Boston In 1859,* where he and his wife, who was Miss Mary Webater, were accustomed to spend their summers, near tiiat city, at Minot. , "^- ■ • '.. . "^ '""'■^" IMaycoer.s who remember the Daly Stock Company will re«.'all him as a member of tliat company ami also as a ^supporting actor of Sol Smith lUi.ss'.-il in "The Bachelor's Ro- mance." He ,vas in the original cast of "The Easie.Ht Way." creating the role of Jim. "The Witching Hour" and David Harum" were among the oih^r r>lay.«» in which he acted. He WIS a member of the Lambs and of the Players* clubs. Arnold Daly was given two week^^ notice Monday by Joseph E. She.v producer of "On the Stairs," the mystery meller that opened last week at the Playhouse, but the star refused to accept it. , The notice followed a speech Daly made to the audience after Sat- urday night's performance. The player asked the patrons not to be- ] lleve all they read in the papers; 1 that he had been on the stage over 40 yeara and that he was keeping faith with the audience by appear- ing, as promised W. A. Brady, but not because of any consideration for Shea. Brady, however, who had been acting as arbitrator in the matters between Daly and Shea, declared himself out and Equity Is acting In that capacity. Daly haa two contract* for "On the Stairs." One calls for a salary of $1,000 weekly. A second con- tract provided that the star play for his expenses during the week In Pittsburgh, and for the first two weeks in New York he agreed to take several hundred dollars less than the first contract calls for. This arrangement Is said to have been con.sented to by Equity, the show being an all-EQuity company. Saturday night the curtain was held for some time over an argument as to what the star should be paitt , Later lawyers patched the matter up temporarily, but Robert Edeson, who appeared In the play when It tried out early In the summer, was ready to go on Monday. Refore the show opened Daly ar^ ranged with the producer to pur- chase a 25 per cent Interest in "On the Stairs" for flT.OOO, he agree- ing to pay $1,000 down and |4,(W0 on the first night In Pittsburgh/ Daly, however, asked the arrange- ment be extended for 80 days, whicli Shea consented to. That probfiMy figured In the player's dual con- tracts for the first weeks. The original difllculty between player and manaicer was over script changes, with Daly finally promising Brady he would enact the piece as directed by Edgar Mac- Gregor. During the rehearsals of "On the Stairs" at the Frazee several weeks ago. Equity representatives are said to have appeared and to have threatened several players in the cast that If their dues were not paid they would not be permitted to leave town with the company. Though that was not verified, ^hea, who produced the show, paid the dues of some of the cast. When asked about it. Shea stated that an Equity representative visited his office with orders from the players calling for dues and he acceded to the request to pay the money. Shea said he heard nothing about threats to his play- ers and that the payment of the dues was Just the same as makin* salary advances. WEBER WINS Chlr-ago. Oct. i. The law firm of the late Levi Mayer ha.s announood he had left an eHt;«te of $8,000,000. The est;itt» wan bTt In tr'i.Mf with the trustees directed to pay one-half o f t he i nni i m u—Lu—thf* wl ^ow and M, M. P. U. Loses Out on Legal f.'^ove to Secure Reinitatement divide the rcmrilnlrig h'^lf hot ween the two dau/f.tei -I. Mr.'«. WkUer llir,«*fh and Mr.s. C'< ifii'-c Fl Lr w of Nvw ^orl:. DuriMCj hi« l!f'» M.jyf'r fl•;w'■.<^( r 'fi the Klaw & l.rl:.t,(x*'i itJe: *-.-(.« li'r. for a great many yeiira. , 'i- i» Mueiical Mutual Protective Ifnicn, fotmfr 310 of the A. V. of M., lost out VVfMlnesUay in fix If^gal move to lie reln.«tated as the New York locil union of t he Anv-i i :mi I-'i-I't itjiMi of Mnsiclaii.s. Kuitr rii.' C»iitL Jii.s- tiro \\'a.'}.«<ervo(»*^l handed iftjWn a il( t .'^i'in d'-n^-ifuj t%. motion for I ' •rT!f>or'ny lMJ(M»''ti<>ri sefUing (') C"nifi'»l .^o:^ M Weber, t>ro*<id'nt »r Mn' A. I' f)f M, la r<'ilt.'t it'> (be e^iK'lK'd r>evy Y'ak local. "SOME NIGHT'APPEAL : Uni.iti&factory Verdict to Equity' Note Suit « — I'Vank Cllllmore, as treasurer of the Actors' E((u|ty As.soclatlon, ap- pealed Tuesday from a verdict dia- mlsslng his suit against Seymour I<>lix. The action was for about $1,900 on a note for salaries alleged due members of the Harry Delf "flop" show, ".Some Night." Al- though the Palace Producing Co. was the nominal employer, PVlix. as a director, signed the notes as a moral obligation on the understand- ing he would pay when .able. GTrt- more /lought to press the Issue by bringing .suit and Felix demurred that there was no consideration for the notes. The court .Hustalned that contention and direeted a verdict tor Felix, • Oillmore'fi .ir»!:ument on appeal wa.<* to the effect Felix failed to es- • tabli.sh the defense that the notei WiMi^without consideration; that the coiirt erred in ludding ho (CJilImore> li 1 J 11) ric;ht t^ sue ii|)on the note 111 t|u 'xtirin nriti (hat the court aUj - fonimitfed e.Tor In exelu ling evi- r|(.-nrp offered by the plaintiff.. . Felix's rebutfal on the appaa! ihroiigli Kendler A (.loIdstiMn wis I'lie same; thoro in no con.»ideration behind I le note.