Variety (December 1922)

VAUDEVILLE Friday, December 8, 19i&| SMALL'S SISTERS OPEN NEW RGirr ON WILL Return to Estate of $870,000 Paid to Widow Directed By Court , Montreal, Dec. 6. Demanding the removal of the Capital Trust Co., the appointment of nevr trustees, including Mary Small, Instead of the widow of the missing theatrical magnate, and also filing « caveat against the Small estate, Gideon Grant, K. C, has ju.<4t opened another stage in the flght following the mysterious disappear- CTice of Ambrose J. Small, Toronto's theatrical magnate. This comes on top of earlier de- velopments of the past week or two in which Mrs. Small was ordered to return $870,000 to the estate. The orders of the official referee in the case were set aside and Chief Jus- tice Meredith suggested that it was about time the Small will was proved. Acting for the Mis.sea Small, sisters of the theatrical mil- lionaire, Grant gave notice that he would move fo» an order—"remov- ing the committee or trustees of the estate, the Capital Trust Corpora- tion and Theresa Small, and ap- pointment of the Chartered Trust and Executor Co. and Mary Flor- ence Maude Small (sister) to be the committee and trustees." In support of the motion, an affi- davit of Mary Small will be used. The affidavit seta forth among other things: "That the said order directed re- payment by the aaid Theresa Small to the said committee of the said •ums. "That there la now due from the •aid Theresa Small to the said es- tate in respect of the monies so paid to her by the said committee the sum of about $955,000. "That the trustee of the Capital Trust Corporation, as I am advised by my solicitor and verily believe, is In law liable to pay the said monies in case the said Theresa Small is unable to do. "That it ia therefore advisable that new trustees should be ap- pointed who can force repayment of the said monies. .. "That the breaches of trust com- mUted by the present trustees are as follows: "In paying to Theresa Small by an alleged agreement of Ambrose J. Small, the sum of $700,000 and of delivering to her $100,000 of Victory Bonds and assigning to her a mort- gage on the Regent Theatre, ap- proximately of the value of $175.- 000, and in paying to the said The- resa Small the sum of about $12,800 on deposit to the credit of Ambrose J. Small in the Home Bank of Canada, Church Street Branch, and in consenting to an order for main- tenance In the sum of $30,000 per annum, a sum which is grossly exr orbit ant." Mary Florence Maud Small and Gertrude Mercedes Small filed a caveat ift the Surrogate Court against admitting the will of their brother, Ambrose J. Small, to pro- bate. They aver that the will, made in 1903, in which Mrs. Theresa Small is named sole beneficiary and executrix, is not their brother's last will and testament. On May 25, 1920, the Misses Small filed a caveat against a will supposed to have been made in 1912, but this caveat has expired through lapse of time. The caveat reads: "I>et nothing be done in the es- tate of Ambrose Joseph Small of the City of Toronto, in the County of York, without notice to Mary Florence Maud Small and Gertrude Mercedes Small, both of the City of Toronto, in the County of York, spinsters. The said Mary Florence Maud Small and Gertrude Mercedes Small are sisters of the said Am- brose Joseph Small and are inter- ested in his estate as next of kfn. This caveat is entered for the rea- son that a document made in the year 1903, purporting to be the last will and testament of the pn!d Am- brose Joseph Small. Is not his last will and testament. Batetl at To- ronto this 2nd day of December. 1922, Mary Florence Maud Small and Gertrude Mercedes Small." DOOLEY BANKRUPT Johnny Owes $4,300—Has Nothing but Clothes Johnny Dooley admits liabilities of $4,307.45 and assets of $250 (ex- empt personal wearing apparel) In a voluntary petition in bankruptcy filed in the U. S. District Court last week. • The debts consist of notes, bills, $264.41 to Ballard Macdonald. the songwriter, for services rendered; $500 commissions to Chamberlain Brown; $200 to Davidow & Le- Maire; $C00 to Robert Law, scenic artist, and sundry other items. Dooley's name In private life Is John D. Dool. He is at present with the "Bunch and Judy" at the Globe. New York. "HEADUNERLESS" ADS IS KEITH'S IDEA More Equal Display In Dailies —**Headlinerless*' Research The Keith office will, In the near future, send ou«. notices to all house managers that future advertlsinff for the vaudeville bills played In Keith houses Is to be along the lines of exploiting the entire bill as a whole, rather than a spread for the headliner and feature acta on the program. The idea back of the innovation is the belief of the Keith people that the vaudeville patron comes to the theatre to see all of the acts, and is not "drawn" thither by any "name" or particular act. The out-of-town patron as well as the big city habitue is a lover of new faces and new material. It is to cater to this interest in the en- tire program that the new regime is to be concentrated upon. It doesn't mean that each act on the bill will receive equal adver- tising display in the house matter sent to the local dailies, but the system of splashing the headline «ct all over, with the balance of the acts in very small type, is to be cor- rected. The "headllnerless" bill planned for the Palace, New York, this sea- son is the first step toward break- ing down of the old order. The failure of former Keith 'names" to draw when appearing in other houses has been an object les.son and an inspiration for further re- search along* the same lines. SCHWAB'S COMMISH Sues Marion Harris for $2,000—$50 Weekly Laurence Schwab has begun suit in the City Court for $2,000 against Marion Harris (vaudeville). The action is based on a contract of April 5, 1921. w^hcreby Schwab was to receive $60 weekly from Miss Harris for his services as personal representative for a period of two years. The $50 was to be paid only for weeks the actress played. Schwab claims a default for 40 weeks. The defense in a general denial and a separate defense that the contract was later waived and cancelled. HATTIE JAXON of COLEY and JA^CON Late of Fay, 2 Coleys and Fay Presenting "The Minstrel and the Maid," assisted by Boney MINNEAPOLIS "TIMBS," by Wal- ter D. Hickman. "The woman is so clever she made this act my favorite on the bill." MINNEAPOLIS •NEWS." "Coley and Jaxon, billed as the minstrel and the maid, ore as nat- ural a pair of entertainers as we have seen for some time. Their comedy offering is clean fun, and their songs are handled in a way that is quite their own." Home to spend the holidays. Raleigh, N. C, R. F. D. «. 'HELLO NEW YORK' UNIT IS aOSED BY SINGER Cost $5,000 Weekly to Operate —Herk Invested $24,000 in Show Jack Singer's "Hello, New York," the Shubert vaudeville unit, closed on the Affiliated circuit Sunday at the Empress, St. Louis. The unit was one of the few that didn't impose a salary cut on ar- tists. The salary list totaled $4,420 weekly, making the o^eratlng cost, including everything, about $5,000. "Hello. New York" jumped to St. Louis from Cincinnati minus Jack Singer, its producer, who made a trip to New York to interview the Shuberts and the Affiliated. Salaries were paid In full at Cin- cinnati. Harold Berg, the traveling publicity representative for the Aflflliated, raised the necessary $2,- 500 on his personal note. Wesley Barry and Co. was added to the unit during the Cincinnati engagement at a salary of $1,650. I. H. Hcrk is interested in "Hello. New York" to the extent of $17,000 toward the production and $7,000 additional advanced to meet ex- penses and deficits since the unit opened. Singer is a former Columbia cir- cuit burlesque manager. B'WAY MUSIC BANKRUPTCY Will Von TilxeKs Concern Thrown Into Court UNIT ACT IN "FOLLIES'* De Haven and Nice, recent fea- tures and co-producers of the Shu- bert vaudeville unit "Broadway P'ollics" opened Monday at the New Amsterdam, New York with "Zieg- feld's Follies". The unit was produced by George C.allagher, former American bur- lesque wheel producer. De Haven and Nice and Joe Towle, also In the cast, are said to have been heavily interested In the attraction, which closed recently after being a consistent loser since the premier. BLTINOE BACK IN VAUDEVILLE Julian Eltinge has again changed his plana anent again sending out "The Elusive Lady," which he re- cently closed in after a number of unsuccessful weeks on the road. He is due for vaudeville for the balance of the season and will probably open In Boston shortlyi SPLIT WEEKS, SPLIT AGENTS Chicago, Dec. 6. The Desmond. Port Huron, Mich., books with two different vaudeville agencies using a show for the last halt of ono week from Carrell in Chh ago, nnd for the last half of the next week from the International, Detroit. , ATWELL OPENED AND CLOSED San Francisco, Dec. 6. Roy Atwell opened with a now act at the Golden G^tc last week but closed after the Sunday per- formances. The Temple Trio played out the week An Involuntary petition in bank- ruptcy was filed last week against the Broadway Music Corporation, of which Will Von Tllzer is president. The three petitioning creditors are Edgar Allan Woolf, Neville Fleeson and Samuel L. Itoss. Woolf claims $110.83*royaltles due; Flee.son, for- merly a staff writer of the com- pany, claims $372,12 orT a note for services rendered, and Ross also has a note claim for $330 for services. Fleeson. after severing connections with the Broadway, started on an unsuccessful music publishing ven- ture with Albert Von Tllzer, brother of Will. Last week, Sydney D. Mitchell, a staff writer, filed a New York Su- preme Court suit against the com- pany for $5,904.17, alleged due on a two years' contract at $150 a week. The sum claimed is for alleged bal- ance of unpaid royalties. Lew Pol- lack, Mitchell's writing partner (music) also has a $200 salary claim ngainst the same defendant. The inside of the Broadway's troubles is reported as revolvlnR around an executive of the corpora- tion. His alleged unfamiliarlty with the inner workings of th<; musl'? business did not deter him from recommcnd'lnp the acquisition of a lease on two floors of the Robert- son-Cole building, though deemed the old location on West 46th street was sufTiclent. Large contracts with staff writers were also deemed pro- hibitive in view of the non-produo- tlon of hits. KID BALLOT OF 34 Jg UNTT SHOWS NOW Childron of Newark May Bo Soon In N«Mr York—Part Rovuo Newark, N. J., Doc. 1. Greenwood Kiddles Ballet, with S4 children, all of Newark and of well-to-do j>arents, gave a per- formance the last half week at Proctor's, Clizabeth, N. J., booked by John J. ColUns of the Keith office. It is said Mr. Collins is endeavor- ing to secure the turn as It is now composed for the holiday week, when the children have their week's vacation, and to play it at that time at the Colonial, New York. A portion of the performance is part revue, many of the kidlets, none over 18, doing unannounced Imitations. All of the children are pupils of a Newark dancing school. CABARET LOSES ACTS JUST BEFORE OPENING Yvette Ruget and Savoy ana Brennan Cancel Monte Carlo Engagement Yvette Rugel cancelled an engage- ment at the Monte Car!o, a Broad- way cabaret, after the Keith office had notified her it would cancel the balance ot her Keith route if she appeared in the restaurant. Lew Leslie booked the act for the cabaret. Miss Rugel is now playing the Keith circuit, and was to have doubled into the Monte Carlo along with Savoy and Brennan (of "Green- wich Village Follies'), who also cancelled the restaurant' engage- ment. Leslie sent out press matter to the dailies which said: "The^ bill win also include, by courtesy of E. F. Albee of the B. F. Keith book- ing oflflce. Miss Yvette Rugel, the little prima donna who Just returned from a genuine triumph lit London." Leslie was summoned by the Keith people this week and accused of misrepresentation. He has no con- nection with the Keith office, but is the producer of "Aunt Jemima," an act now playing the Keith time. His use of the Keith name in connection with the cabaret was called to the attention of the Keith people by the newspaper announcements. VAUDEVILLE AGENTS MEET The annual meeting of the Asso- ciation of Vaudeville Artists' Repre- sentatives, which comprises about 100 booking agents who hold fran- chises on either the big or the fam- ily department floors of the Keith Exchange, was held in the rooms of the Vaudeville Managers' Protective Association Wednesday night. The election of ofllcers took place with Frank Evans, president; Charles Bierbauer, vice-president; E. S. Keller, treasurer, and N. E. Man- waring, secretary. The Board of Di- rectors newly elected comprises John Peebles, chairman, and Morris Rose, J. Kaufman. H. B. Marinelli and Charles Wilshin. TOMMY GRAY HAS GONE AWAY Tommy Gray, who really is good, has gone back to Hollywood, Tommy is safe, so they say, if noth- ing pops his way. He will be gone a long^ while, long enough to get the coast style. He's been ihero be- fore and knows It all. likes the place and does not bawl; rather a nice chap, Tommy Gray, and in March he will be back this way. While on the coast Tommy will write, mostly in the day, as he plays at night. ALL-LADY MINSTREL SHOW The Pro.'^pect, Brooklyrt, N. Y., will have as one of the features of next week's first half bill a mixed amateur and professional all-lady min.strel show, with the circle made up of neighborhood aspirants. The two ends are held 'down by Ann and Marie Clark, and the Interlocu- tress is Margie Coate. Leon Keimer, house manager -of the Prospect arranged the mixed show. BIRTHS Mr. and Mrs. Walter Bacon, at Edinburgh. Scotland, son. while the mother, professionally known as Sybil Bncnn. was vif«ltlns her par- ents. Mrs. Bacon and child are ex- pected by Mr. Bacon to return to their Los Angeles home at 1733 N. Western avenue, about New Year's. Mr. and Mrs. Allen Lelber (Betty Armstrong) Nov. 29, in Chicago, a son. Mr, and Mrs. Herman Phillip.^ at Flower I^ospital, New York, Dec. 2. son. Mr. Phillips is the manager Of Keith's, A!hambra«, LEFT FOR CIRCUIT Two More Closing This Week —Vaudeville Bills Replacing At a meeting of the Shuberts and the Ai:iHated < 'cuit producers Dec, 1 It was decided to close Jack Reid's "Carnival of Fun" and Weber A Fried lander's "Facts and Figures" this week. The Reid show closes at the Princess, Toronto, and will be replaced. A Shubert straight vaude- ville bill plays the house next week. "Facts and Figures" will cl^se at the Boro Park, Brooklyn. ?* r • Straight vaudeville bills to travel intact over the Affiliated Circuit will open next week at the Chestnut St. opera house, Philadelphia, and Em- press, St. Louis, making five vaude- vill road shows now playing In place of units. ^ lii' :?.;■ This will leave 18 units playing next week. The Aifiliated started the season with 30 units, 12 of which have closed. The producers who remain on the circuit are I. H. Herk and E. Thos. Beatty. with four units; Weber & Friedlander, two; Henry Dixon and L H. Herk, one; J. J. A Lee Shubert, three; Max Spiegel, two; Marx Bros., Davidow .& LeMaire, Joe Gaites, Al Jones and Morris Green, Arthur Klein and tlM Butler Estate, one each. ■^>' According to Arthur Klein, of the Shubert vaudeville office staff,' straight vaudeville bills will replaco any units that may drop out be« tween now and the end of the eUf" rent season. ACT RESWHES TIME J • ii " ■ / n*^ ■ . y Pearson, Newport and Pearson Rs« fused Demands By Orpheum Pearson, Newport and Pearson are back on the Orpheum circuit following the cancellation of Seattle through differences whh the Or- pheum people over billing and po- sition on the bill. The act notified the Orpheum Cir- cuit while playing San Francisco it #ould not open at Seattle unless billing and position were guaran- teed. According to the New York Or- pheum office, the matter was put up to Martin Beck, president of the circuit, who wired the act the Or- pheum circuit would not guarantee billing or position and would ac- cept the cancellation. The act thereupon, according to the Orpheum people, agreed to con- tinue their Orpheum route walvinif the special perquisites and picking up the route, losing the Portland date. •• '■■ . '■ ■ •;■ ■•■ • '■..••■.• ,_:.: ■ <V^J PRODUCTION RELEASES ACttT Through the closing of the '*Yan-> kee Princess" this week at th«4 Knickerbocker, vaudeville will again; see John T. Murray and Viviajir, Oakland. It may also see from the sameji ."how, Vivienne Segal, who is re- ported as the next vaudeville partt<i ner for Harry Carroll, although K.: is also said if Edith Day remains over here after closing with "Orange. Blossoms" Saturday, an Invitation to vaudeville will be made to her, to appear with Carroll. »,".» . ■' ri McCAY'S Fan CARTOONS ^ Windsor McCay, the cartoonist^ opened a new act and idea this week and was tentatively booked for the Palace, New York, next week. His idea is a new one for stage cartoon-" ists—animated cartoons. McKay ap^j pears personally in the turn. Al'f, Wilton is handling the bookings, through an arrangement with the* Hearst publications. v ' nX AND INJURED Elizabeth Weller (Weller and Russell) is confined to St. Bernard's hospital, Chicago. She recently underwent a serious operation and is recovering. Mildred Holmes, out of Cooper's "P'olly Town" for the last two weeksr through Illness, will not rejoin thpj cast until after the holidays. ^^ Frances Kelly of the Hellen Car?, roll Co., fell down the elevator shaft of the IXaUey, Brooklyn, two weeica ago and was removed to the Bush- wick Hospital with a broken spine and fractured leg. She Is now con- fined at her home 498 Jersey ave., Jersey City, where she Is recuperatr; ing. Ada Kaufman (Mrs. Carlos Se- .bastlan) is confined in the St. Mark's hospital, New York, recov- ering from a serious operation.