Variety (March 1923)

■r it LEGITIMATE f\ik s:fT^To^' f - ^ESE ISIDE STUFF ON LEGIT Much arKutnent pro and con resulted from the closed mcetins of Equity March 11. It was the arrojfant attitude toward the managei-s <P. M. A.) asauraed by John Emerson that mostly brought forth the • r^umenta. That l?i-ank G«iiiiort» sSIentl^i acquiesced a1«o got into the conversations held by Equity members followingr the account of the meeting published in last week's Variety. Staunch Ekiulty members are known to have engaged in the controversial discussions. The Sunday playing subject continued to be Included. More actors •eem to be In favor of Sunday playing than against it. The action of •peclal meetings called -by the Equity clique and their conclu.slons by resolution or otherwise don't impress the general membership of Equity. The Equity executives attempted to evade the questions of their going to Albany to-oppose the Sunday playing bill on the ground if Sun- day were pernxitted the legits in New York State, managers would rmlt the Wednesday matinee, using the Sunday night show Instead as the eighth weekly performance, without the actors getting anything for the really extra Sunday performance. Some of the smart actors sniffed at that excuse. They wanted to know why' the Equity bunch had not confen-ed with the P. M. A. before going to Albany, to ascertain if the managers would agree to a modi- Jicauon in the contract mentioning Sunday as an extra performance in any event or under any circumstance when played for profit In what is now a six-day town. The actors-members of Equity, who see it that way, say there would have been no hesitancy by the managers to have o. k'd the provisional clause; managers say the same thing. The deprivation of actors through Equity's hasty action who might reed the Sunday playing money apipears to rankle alike among those who don't profess to be opposed to Sunday shows, as well as those who don't like them; the latter stating it should be a matter of choice solely with the player concerned. • "Bamum Was Right," at the Fraxee. New York, has several show people financially interested. The principal backer, besides Louis F. Werba, its producer, is said to be Max Uait, th« agent. Roof theatres may <go In for the midnight shows as a permanency. ••LJma," now on the Baj-es roof, may give a couple of midnight perform- ances weekly before long, while the new Dresden theatre, ©n the foi-raer Ziegfeld "Frolics" roof, may follow the example when opening. The Dresden will seat 750. No date of opening has been sefe nor attraction jnentioned for it. ,■■■■-" ,vv ■•■:' S.x "Sue Dear" again will be sent to the road, booked for the Southern cne-nigbTers next fall. Arthur Rosenfeld and Jack Ilendricksi. the latter an actor, are backing the venture. Bide Dudley being concerned only with the royalties. Rosenfefld is engaged In the making of theatrical frames for lobby display and has been interested in several shows. It !» said that t^very time be gets mixed up with a loser the price of frames goes up. That also applies \o a certain delicatessen shop-keeper on Seventh avenue m the middle 60'». The place has been robbed several thnes and recently the loss was $700. Patrons claim the prices on commodities Immediately went up several cent's all along the line and the SDmrnation of prices on things purchased ia given •♦house." has existed In the club between the purely profeMional elements and others is lessening. One factor in theatricals, * man hfgMy respected throughout the amusement Held, gave it as his opinion that the legitimate managers and actors will soon reach an amicable Understanding. It Is known a considerable portion of the Lambs' membership has intentionally »•- raained away from the club house because of the feeling existent since the sUike. Lay members have been going almost altogether to the Ijotus Club, whHe no inconsiderable portion of professional members, equally tired of the showmen's squabble, have drifted down to the Players. During the Gambol someone suggested to Belasco that he ought to return to the Lambs. He replied that he thought well of it. The producer wa?i taken at his word and*the acclaimed re-election wa* grtetcd with cheers. Before the strike most of the producers belonged to the lAmbs, but withdrew when the struggle was on. Belasco is the first known \o return. - -r. -...J.. , .. f ; " Gene Buck was Collie for the Gambol Sunday, said lo have heen one of the best in years. He assumed it was a persona] matter to have as many well known showmen present as possilHe. and personally iiiduced a number who have not visited the club to attend. „ . • _ . "Jack aJ>d Jill,'* John Murray Anderson's new opus, was a five-day sen- sation in Buffalo last week. The production is by far the most elaborate seen there in seasons. The massiveness ^ the production ivas such that the show's opening was postponed at the last moment to Tuesday, and the lace ballet was not staged until the. Saturday maHnee. For seven shows (five days) the gross rejiched $16,000, at $2.50 top. The authorship report of "Jack and Jill' is that it was conceived as a musical play by the late Fredet-ic S. Isham several months before Thtirsday, March 22, 192S SMALL'S Wni PROMTE WITH WIFE TESTIFYING '^- ' Montreal, March 21, A Toronto dispatch says: Mrs. Theresa Small, wife of tb# Toronto millionaire. A. J. SmalJ^ who disappeared Dec. 2, 1919, ap« pearing In court in connection witl^ her application for probate of a will \ leaving the entire $2,600,000 estatfi to herself, stated in reply (o ques^ tions that she had a theory as toi how her husband had met his deatb^ but-dld not care to express It. In the present proceedings, Mrs, Bmall is applying in the Surro^ gates' Court to Judge Coatsworth % for a declaration that her husband 1 may be legally deemed to be dead* in order that the will may be pro- bated. Sisters of the missing man, Florence and Gertrude Small, ars attacking the validity of the will^ dated 20 years ago and not prepared A by a lawyer. ti A. G. Slaght, K. C., counsel for bis death, but Mras left unfinished 4)y him. Otto Harbach completed the i the Small sisters, examined Mrs, story. William. McBrlde, bhow's principal backers. the ticket broker, l.s said to be one of the The Lambs Gambol held Sunday night had a was impersonated a girl in one^ of the colored mentioned everything. .skit It shows. is .«aid in which As reported it The two companies of "The Eat" playing the subway circuit this Week, one at the Bronx O. H.. and the other at the Shubcrt-Teller, Brooklyn, close Saturday. Two other companies of the piece closed last week, one in Scranton, Pa., and the other in Canada, leaving one company, playing west coast territory. The company closing at the Bronx recently came from the coast playing week stands on the.way cast, the company now in the far west having p>layed the one night stands on the way out. Wagenhals & Kemper will continue with the piece on the load under thefi" management next season, plans h^,ving been made to organize four companies. Theatre m.nnagers In Chicago have been 'touched'' with another increa«e In advertising rates. This time the 'Herald-Examiner' which notified ihe logit theatres of an Increase in the price of advertising copy. Hearst's morning paper raises the Sunday rate to $1.15 per agate line to equalize the new rate sent out recently by its competitor, "The Tribune." When "TTie Tribune" announced new rates, the daily rate was tilted J cents (85 cents per agate line now^, but for the present the "Herald- Examlner"-* holds the former 75-cent rate for the daily advertisements from the theatres. There Is a circulation war going on between the two Chicago morning papers with V. H. Polechek handling the campaign for the Hearst paper. Both morning papers are repeatedly changing the styles and amount of space for Sunday amusements, although in this a quick count—always In favor oV the | I'^spect "The Tribune" has merely showed a new policy in the extensive- ness of photos used. The "Herald-EIxaminer" gives more space to reading matter, thereby gladdening the hearts of press agents who still maintain that Chicago is the "toughest city in the country" for publicity. The frankest theatrical advertisement of the season was carrted In Funday's papers on "Humoresque" at the Vandcrbllt. It stated that al- though Laurette Taylor was acclaimed by the critics for the charac- terization of Mrs. Kantor in the Fannie Hurst play. It would be with- drawn at the end of the week, "owing to lack of public support.'* The piece is In its fourth week. The star drew some smart audiencee on the orchestra floor, but tha takings could not beat $6,000 weekly. It is be- lieved the film version of "Humoresque" exhibited a year or more ago, took away from its value for the spoken stage. "Humoresque" has drawn attention in show circles ever since It was opened by George Tj-ler who was compelled to keep It on the road be- cause of difficulty In securing a Broadway theatre. It was known the attraction was drawinp weak business and few houses were willing to consider booking it. One theatre was rejected by Tj-4er because of con- ditions calling for a guarantee. At a Lotos Club dinner here before the Vanderbilt was secured Hartley Manners, husband of Miss Taylor, as- sailed the managers as "glorified janitors" because of their hesitancy in accepting "Humoresque." Broadway managers seem to think the season is over. They depre- cate Raster Week, and are pessimistic for the remainder of the spring, claiming the bottom ha', dropped out with small chance of recovery. That vaudeville managers an talking of early closings is another sign. "Secrets" intends remaining at the Fulton, New York, its management says. The stop there Is $10,000, and the show ha.sh't yet gone below, al- though the show's management had to inve-t $240 week before last to mnke the 10. Last week the Fulton did $10,800. with $2,400 of that amount Irom cut fates. When "Secrets'* commenced to slide toward eleven it was thought its weeks were numbered at the F'li^ton. Arrangements were entered to send "Cinders" in. What will be the outcome isn't clear just now or what "Secrets" may do this week :\w^ next, besides whether "Cinders" is yet ready for Broadway. The latter Royce show is in Philadelphia where it opened last week. One of the last things that Archie Selwyn did before going abroad was to discuss the possibility of Jane Cowl making a co.TSt tour of "Romeo and Juliet' this summer. It is now a foregone conclusion the curt'ent Henry Miller theatre attraction will hold until the hot months. Miss Cowl has pickej out certain spots on the coast Where she would like to present the Shakcsperean offering. She has only made on previous trip to the far west in 1920 when her select tour In "Smilin' Through" broke all existing records for a flimiliar tour by a Broadway star. In several of the cities the Cowl record for box oflloe figures still holds. Publicity propaganda for a possible Cowl visit to the coa»t this summer Is already appearing In coast newspapers, undoubtedly planted by Walter Duggan, who press-agenled Miss Cowl on her first trip and whose services have been asked for by Miss Cowl from the Selwyns for the proposed sum- mer tour. Duggan is now house manager of the Selwyn, Chicago, be- sides having other Chicago residential connections that m.Tke It doubt- ful if he can accept the offer for the limited Cowl coast tour, such as it would be, as much as his close friends know he would like io do since the offer came from the star herself. Duggan, ^hile visiting with Archie Selwyn on the eve of the latter's sailing, confided with friends that "Chicago is the greatest city in the. world" and that the only Incentive that would take him away for another whack at road work would be to con.sider the coast trip as a holiday period in the possibility of the Sel- wyn theatre in Chlcajgo having no summer attraction and that It was Jane Cowl copy that he would be writing. It is Miss Cowl's plans to visit only Denver, Salt Lake City, Los Angeles. Kan Franrisco, Portland, Spokane, Seattle, Butte and a few one nighters back to Chicago. sj Kvan Burrows Fontaine and her mother, Mrs. Florence Ame.«». found themselves in jail in New City, N. T., over Sunday, without bail and V ithout funds. It is reported MIfs Fontaine has no mone)* other than her salary as dancer at the Little Club (New York) cabaret, .said to be about $350 a week. The bail on the indictment charging the women with perjury in the Sonny Whitney action Miss Fontaine brought agMnst young Whitney, was $10,000, Monday the Salvin restaurant people ar- ranged to deposit it. Prcvlou.'jly no one could be found who would place collateral with a surety cor^yjany. Kendler & Goldstein, the theatrical attorneys, were re'.Hincd ;ii m late moment to represent the Fontaines, but too late to prevent them remaining Imprisoned over llie week end. Luke Barnett, the famous "Pittsburgh waiter." who has been the vneflflcial "»teanier-up" on the ray-so ©f the functionaries of many «)inner affairs, has a brand new idea. He was in New York with it last week, booked at the time for an affair at the Hotel Pennsylvania. In the new guise he appears as a dry ofllcial willing to be greased with coin, and the role was an immense success. Luke succeeded in gettkig Into as m.u;y arguments as when a "waiter." The dialect is retained, but Luke continues to headquarter In Pittsburg. When they want him they have to send for him, and it's worth while. While in town, Barnett had at least one Broadway theatre lobby In an uproar. The tre.vsurer recognized him, and Luke began with the ticket-taker, presenting an old coupon. The house manager got into tho argument, and when Luke said he bought the ticket from a hi»eo outside, it nearly cauiicd a murder. The manager started after the man pointed out, but Luke gaid he guessed lie made a mistake. ... Several of the most astute showmen on Broadway found much signifi- cance In the side-lights of the Lambs' Gambol given at the clubhouse last Sunday, when David Belasco was re-electod to membership by acclamation. It was the first time the noted producer had appeared in ths Lambs tines the actors' strike in 1915 and that attained for other known theatrical personages. It Is taken to Indicate the tension which Two swindlers were indicted this week, by tho Gr.ir.d Jury In Brook- lyn, who had used a retired actre.ss 75 years old as their foil. One of the swindlers gained the acquaintanre of the elderly woman by helping her over a crossing, she being forced to use two canes to walk. He learned her address and the fact slie .secureti her sole support from the Actors' Fund. A few days Later he returned to hT neighborhood with a IKiriner, both distributing pumhboards to local trades people with the idea the funds derived from them were to bo given an old actress In need, giving lier name and addrt.««. .She was infor;r.ed. and disclosed i the swindle. ,Slie f^stiflfd on the witness stand before the Grand Jury j .«she had been ^upporLoU ccmforljibly by the Ac'ors' Fund for several I years and had never sought any outHide aid. Returning from the Florida winter reports, showmen td! of an Incident featured by one of the high-stepping rhori.sters dashing out down there. She was •oolish enough to entertain a man in In r suite in the afternoon. Both parties were placed aboaro a train headed north tliat night. ".Shoo Polish" in the nickname around the Shubort office for' the two- for-ones. A producer who lately found out about tlie j.;an through bin show in a Shubert house gave it tlie title when for the moment, forget- ting the exact wording of the two-for-one, said •IIow about those sluje polish tickets?' It appe.ired most likely durlnrj the week another iheatrii-al story would "break" out of the Farrar-Tell* gen divurce artion, throngh the employ- ment of the initals, ' ,S. L." to partially identify one of fUe co-respondents. Reporters were excluded from (he h<aring wh<ii tfstimony was given again-st the defendant incorporating his affairs with other women, on the ground as stated the testimony would be unfit for publication. The owner of the ".S. L" initials is ,'.ai<l to be ready lo .tssert herself, and this week consulted counsel as to ^ t:..;), feSpr/'iAlly .iKa;nsr .n New Tori- daily that used her full name in connection with ih»- ca.ne. "S. L, reported a sister of a stir In the legitimate. iv, The White "Scandals" will end its ^season with :he current run In Chicago, other than working a we^k aft<-r, ea-t to >'ew York. George White is preparing for a new production. "Herb AVard ^^l tho Law Sludioi is leaving New York today (Thurmlay) to consult with White in Chicago jver h»B new pioduction equipment. Small In court for several hours, directing attention chiefly to Mrs, ^malPs reasons for not calling In the police for weeks after her huB< band disappeared; the basis of her belief that her husband is dead, and details of the arrangement between her husband and herself regarding division of the $1,000,000 which Mr» Small received for his theatres from the Trans-Canada Theatres, Ltd., the day before he vanished. The witness Insisted that whils she was much alarmeel on the night of Dec. 2, 1919, when ho did not arrive home for dinner as he had arranged, she spent most of the night calling on friends to make In- quiries concerning him and'accepted the view of Thomas Flynn, a friend of the missing man, that.he had gone away for a holiday and rest, but "v^ould return in due time. That was her reason for not notifying the police. Questioned by counsel, Mrs, Small said she had become uneasy when John Doughty, who had been Mr. Sfnall's secretary, disappeared about a month after Mr. Small van«^ Ished. The frultlessness of ths .search for Mr. Sn^all by detectives had convinced her that her husband was dead. Cross-examined as to what sho had meant when she said she did not associate Doughty with Small's disappearance, she reiterated sbs had not suspected Doughty. "You are seeking permission of the court to swear an aflldavit that Mr. Small died on or about Dec. 2,- 1919?" "Yes." , "Where do you suggest he met his death?" Mrs. Small's lawyer objected. Mr. Slaght: "Have you any opin- ion how Mr. Small met his death?* "I have my opinion, but I don't like to expre.«s it." i "Has a charge been laid against ^ anybody in the criminal courts la* connection with your husband's dis- ^ appearance?" I "Yes." ' ;| "Against whom?" ' \ "Against John Doughty for kid* A naping and seizing." \ Asked why that charge had not | been pro6.sed, she said it was for | the police to say. She presumed they did not think the time was op- portune. Doughty Is now serving a term in Kingston penitentiary for .'tealing $?00,000 in bonds from the missing man's vault. ♦ Coun.*eI que.stloned Mrs, Small closely regarding the agreement under which she was to receive half of the $1,000,000 cliecinp in lieu of (lower. The agreement, she said, .; had Ijeen made Ixtwren them when sittlntr in the law offloe of Osier & Harcotirt, just before completing' |the .'^ale of the theatres. According to the agreemen*. the $l.000.00o'wa« :^ to ho deposited in their Joint Jict'ount. "Did your husbaml not smash to pieces tho $1,000,000 agreement hs made with you, and deiioMit that cheque for $1,000,000 lo his own per- sonal account?" jj Mrs. Small indlgnanMy denied heir I husband had repudiated his bar* J ga n. V . There ai-e .«-evcral other witnesses to be hi'.i: d, LVeotive Au.-tin P, ^^it<•!nll. who sraichod many parts of tho world for three jear.^ foj- iiT.re rf the miss- ing Toronto millionaire. Ambrose J. SniJill. told the Suirrpafc Court In TortMitc r-i.if not e<;dy wjis .Small dead, but rii li. h«? nroTr.<T^lTtitn a 70-- aero area where he was buried. Ho 7 refti id t'o state •..h«-.o he believed the body to be. .ludj^e Coatswurth 1 staled tlif.t iho witn/ss was not,' oldigrd to an.swer. This statement ))r.tvirio»l the big- g''st thrill of the two <lay»' session before Judge Coals worth. J hi