Variety (May 1923)

V VAUDEVILLE Wednesday, May 30, 1923 . CLOSING NIGHT' IS DIFFERENT, ACCORDING TO LOCATION In Kansas City House Manager Arranges for Acts' Next Movement—Trains Held by Accommodat- ing Roads—Bill Position Shifted for Last Night Kansas City, May 29. Those managers who have never had charge of a theatre several hun- dred miles away from the next stand might drop In at the Main- utreet (Orpheum circuit) any Sat- urday night. Things are done far differently here than in the east, where the jumps are close and train service available. Here It is up to the house manager to get the acts out of town on the proper trains so there may be no hitch in their making the opening show in the next city. This causes all kinds of changing on the Saturday night bill. The featured headliner may be compelled to open the show to catch a Chicago train. or to close it if the closing act must make an early train for Omaha or Minneapolis. . Trains are held every Saturday night by the accommodating roads and the manager's office in the the- atre is as busy as a train dispatch- ers' room, when the acts commence to move. Sometimes as things seem all set a wire will change the routing of a couple of the acts and the one for which an 11 o'clock train is being held will have to be rushed to the station to catch a 10:30 train for some other point. This causes changing of transportation, baggage checks, etc., all of which is done by the front office, and without trouble to the artists, who take it as a mat- ter of course they will be looked NAZARRO RECOVERS Given Judgment Against Timberg and Rose A jury before Judge Eder In the Thirt! District Municipal Court last week awarded Nat Nazarro a ver- dict for $600, the full amount sued for by the plaintiff against Herman Timberg and Harry Rose, tre man- ager of Herman Timberg's "Frolics of 1922." Rose was not served and Timberg alone defended the action. Harry Saks Hechhelmer and Eman- uel Morganlander, of counsel for Timberg, unsuccessfully conducted the defense. Their motion for a new trial was also denied. Spellman & Siegel represented Nazarro. Nazarro claimed the $600 as one week's salary due under ►. March 2, 1922, contract for services rendered with the show in Pittsburgh the week of March 19 last and not paid for. Timberg In the course of the pro- ceedings was adjudicated in con- tempt of court for failure to appear for examination before trial, purg- ing himself of the contempt by the payment of $10. The full judgment award plus in- terest totals $645.30. PASSPART LOSES APPEAL No New Trial of Suit Against Beck -^Orpheum Action Up June 4 Martin Beck won a victory in tho $100,000 breach of contract euit which William I* Passpart had pending against him when the Ap- pellate Division of the New Yom Supreme Court late last week re- versed the decision granting Pasa- part a new trial. The reversal also confirmed the $6,000 counter-claim awarded Beck several months ago, when Pasepart'a complaint was dis- missed by default and the Beck counter-suit allowed, aleo by de- fault. The default resulted through the case being called for trial when Passpart'e counsel was engaged in another action In another court. Passpart eued Beck for breach of contract, claiming an agreement to book foreign acts on the Orpheum circuit He started another suit on similar grounds, also for $100,000 damages a short time after the be- ginning of the Beck suit, naming the Orpheum circuit defendant. The Orpheum action is scheduled for trial June 4. HEBREW UNION FIELD ». I CLEARED UP AFTER 20 YEARS - Unions Will Merge, According to Decision—But One Charter Outstanding—Four A's Affiliations f DUFFY DROPS COMPLAINT CAN USE L0EW NAME Mass. Court Finds For Defendant, Against Marcus Loew Marcus Heiman Going Abroad The first trip of the Leviathan July 4, east bound, will have Marcus after and gotten to their proper | Heiman, president of the Orpheum trains without fall. circuit. - Lynn, Mass., May 29. A bill in equity filed by Marcus Loew of New York, Loew'3 Orpheum, Loew's Boston Theatre Company, Loew's Globe Vaude- ville Company, Loew's New Colum- bia Company and Loew's State Theatre, Company, against Ellas M. Lqew, proprietor of the Capitol and Dreamland theatres, Lynn, and other theatres located in Portland, Me., Lawrence, Lowell, Fltchbur 1 ? and Roxbury, to restrain the latter from using the name Loew in con- junction with any theatrical enter- prise in the United States, resulted in a victory for the defendant. Judge J. D. McLaughlin of Suf- folk Superior court, in announcing his findings in the case, stated that Ellas Loew cannot use the name Loew in connection with his Rox- bury theatre, but finds that differ- ent conditions apply in other cities other than Boston. He find* that the name Loew was not used in Lynn and Portland theatres except to head the program, and that as none of the plaintiffs theatres were located In either of those cities, there is no business in which the defendant can interfere. He gives the defendant the right to use the name in localities other than Bos- ton. NEWARK HOUSE UNFAIR Against Mr. Swwney and Master Walter—Also Refuse* Royalty Jimmy Duffy has dropped JUs complaint against Mister Sweeney and Master Walter and will allow the pair to use the material from the former Duffy and Sweeney act, which Duffy authored. The Keith legal department was notified that Duffy had the matter copyrighted and would prosecute any further infringement. The Keith office after investigation noti- fied Sweeney and "Walter that un- less they could fix up some satis- factory arrangement with Duffy the act would not bo booked. After a conference between all concerned, Duffy agreed to let Sweeney and Walter continue, at the same time refusing any royalty for the use of the material, merely explaining it was his (Duffy's) de- sire to register his authorship of the material. . Duffy is collaborating with Earl Carroll in writing the book for the new summer revue, "Vanities of 1923," to be produced at the Earl Carroll. Duffy and the Callahan Boys will be in the cast. Hill, Newark, Listed So by Local Stagehands' Union MAE and ROSE WILTON "DELIGHTFUL" WHAT THE TORONTO TELEGRAM" SAID: "The two Wilton Sisters are clever little entertainers. They attempt only songs and instrumental numbers, but in both they excel. Their harmony is delightful, as are their encores, with which they are quite free. One of the young ladies has a really pleasing voice, taking the higher notes with ease." Booked solid—B. F. KEITH VAUDEVILLE EXCHANGE. The stagehands' union of Newark, N. J., has started a picketing cam- paign against the Bill theatre, a pop vaudeville house owned by Ben Harris and booked by Lou Preston, dcclaired unfair due to its employ- ment ^of a non-union crew. The situation took a serious turn last week when the Newark union learned Harris was the financial backer of the colored show, "How Come," which recently closed at the Apollo, New York, and is now play- ing out of town. The Newark local attempted to have the crew of the attraction pulled out on the strength of its grievances with the management of the Hill. The local.was overruled as far as withdrawing the crew of the attraction waa concerned, the colored show opening Monday at the Dunbar, Philadelphia, for four weeks, playing on a guarantee. KEITHS GLOBE, A. C. The Keith interests Will play vaudeville in the* Globe, Atlantic City, during the summer, the house to be known as KtJth's Globe with the new policy, The Globe is an attraction house and has been playing vaudeville on Sundays booked by Sabiosky & M<*- Quirk, the bills being made up of acts from their Philadelphia house*. rhe i&mt interests booked the Sunday shows in the Apollo, Atlan- tic City, also an attraction house. and will continue to do so after the Globe installs Keith vaude\jlle. The Apollo will use the com). let* show from one of the Bftblosky A. IfoGuirk Philadelphia hou <i J0SIE HEATHER CONTRACT Chicago, May 29. After playing the 20 weeks con- tracted for over the Pantages Cir- cuit Josie Heather will play 10 more weeks for Pan before leaving for the other side towards the end of July. Miss Heather was at the Chateau here last week. This week she Is at the Rivoli, Toledo. , SHOWS AS TABS The r,>rmer musical show "Listen Lester' will be condensed Into a tab for the John E. Coutts* circuit, start- ing about Aug.-1. A tab version of another Cort show, "Jim Jam Jems,'' will also be readied for ..the Coutts' circuit shortly-. Harry Cort and Walter Brook « are sponsoring the tabs. ILL AND INJURED Edward Rosenbaum returned from Milwaukee last week suffering from a nervous collapse. He was **ick with "Sally," which closed its sea-' son there. He. is resting at his home In New York, and is reportea re- covering. Mabel Garrison, Metropolitan opera soprano, underwent a seri- ous operation on May 24 at the Hos- pital for the Women of Maryland In Baltimore, her native city. Her con- dition was said later to be satisfac- tory, although her convalescence is expected to extend over several weeks. Gus Hillsdorf, head of the prop- erty department for the Frohman office, is at the Flushing (LM.) hos- pital recuperating from a major operation entailing the amputation of a leg. He is 68 years of age and was engaged by the late Charles Frohman 30 years ago when the Empire stock was started. Hillsdorf Injured his foot some time ago and failure to have it treated resulted In f/angrrne p..Coring. ENGAGEMENTS * Carlton.Brickert and Minna Gom- ble for the Robert McLaughlin Stock, Ohio Theatre, Cleveland, Ohio, opening June 24. Violet Heming, Grant Mills, James Durkin, Adelaide Hibbard and Mary Meade will open with the Elitch's Garden Stock Company for a ten-weeks season, June 25. J. M. Mulvihill is manager. Kendall Weston joins the Fay- Courtney Stock Company, Hanna Theatre, Cleveland, Ohio, opening June 4. Claire Mersereau has joined the "Steve'* company at the Princess Theatre, Chicago. Lee Sterett, St. Charles theatre stock company. New Orleans, La., as director. Jack Matthews, director for the F. James Carroll company, Eangor, Me. Marguerite Fields, Powers the- atre, Grand Rapids, Mich., stock. Edwin Brandon and Florence Bur- roughs, Harder-Hall stock, Bing- hamton, N. ,Y. Cyril Scott, "Rain." Alexandra Carlisle, Hilda Vaughn, Clarence Handysides, Hale Nor- cross, New York company of "The Fool." Rollo Lloyd, Denver (stock). Martha Bryan Allen, Theatre Guild. McKay and" Ardine, "Greenwich Village Follies." Bertee Beaumont returned to the "Gingham Girl" cast late this week after being out of the show several months because of a major opera- tion. Julia Kelety, who substituted, withdraws. Grace Kaber, Pay ton Stock, El- mira, N. Y. # William Williams, Elmer Walter'** Stock, Scranton, Pa. May McCabe, William Gerald, Harry Hahn, June Webster, Leon- ard Wood Stock, White Plains, N. Y. Symona Boniface, Atlanta Stock. Phyllis Gilmour, Mae Desmond Stock. Philadelphia. Dwighi Meade, Alhambra StocU Brooklyn Elizabeth Shirley, Fay Courten^y Stock Cleveland. Jola Maye, Proctor Stock, Troy New York. J For "Helen of Troy, N. Y." (com- plete): Helen Ford, Queenie Smith. Stella Hoban, Lovey Lee, Elsie Bon- wit, Opal Ames, Nell Hickson, Joan Clement, Marie Paynter, Theodora Hudson, Tom Lewis, Roy. Atwell Paul Frawley, Charles Lawrence. Joseph Letora, Clyde Hunnewell, Charles Adler. Pobby Dale, Wilbert Dunn, Jean Collins. Helen Weatley, "Devil's Disciple." Dorothy Duncan. 'Polly Pre- ferred" iroadL Robert Lee Allen, Blo^s-ui Time." Forrest H. dimming* • stage di- n-tor), Philadelphia Theatre Guild Margaret Davis, "Vanities of 1923" Joan Hay, Winter Garden. Charles. Winninger, George Bickel, "Lipht Wlnea and Peer" (Chlei • After a fight for 20 years, (he in- ternal differences between the sev- eral locals pf the Hebrew Actors Union, have been settled for all time. The locals submitted their grievances for final arbitration' to representatives of the 4 A's, United Hebrew Trades and the A. F. of L A. committee appointed by thes • bodies. The-decision says a dissolution o* the many locals shall occur . ithin six months and all merge into one. The former vaudeville branch will be admitted to membership In the legitimate union on payment of $75 per capita to be paid within six months. This arrangement'' will allow if settlement of all disputes within the organization itself with- > out outside interference. For this purpose all three present charters will be surrendered and a new single charter Issued to cover the entire Hebrew and Yiddish the- atrical field. DANCER HELD IN $500 BAIL As a result of Buck (Buck and Bubbles) striking Mrs. Anna Snedi- ker May 12 with an automobile. Buck Is out in $500 bail awaiting the action of^jthe grand Jury. The automobile belonged to Nat Nazarro and the latter is named defendant - for $30,000 damages by Mrs. Snedi- ker and $25,000 by her husband, George W. Snediker, for loss of serv- ice. Buck is one of the colored mem- bers of Nazarro's act. He is John W. Sublett in private* life. Mrs. Snediker sustained serious injuries, including concussion of the brain. Nazarro is covered by insurance, Spellman & Siegel represent the de- fendants. m RIALTO, CHI., CUTS TO 8 Chicago, May 29. Beginning with next week's show there will be bnly eight acts of vaudeville at the Rial to, Instead of ten, as in the past. A feature pic- ture will be added. The first fea- ture will be "The Hero," with Gas- ton Glass. The Rialto will play the five acts of the Loew touring road show, and Sidney M. Weisman, Chicago repre- sentative of Loew, will book only three acts, instead of five, as in ths) past. HARMONICA CHAMP IN ACT The recently decided harmonica- playing "championship of the U. S.," won by Benny Kossover of the Bronx, New York, Is responsible for a new team in vaudeville, Benny Kossover and Herbert Leonard, a colored boy of Harlem, who made their bow at Keith's Royal in the Bronx. Starting off with a duet, Kos- sover singled with the repertoire which won him the championship. t ■ ■ LOEW ASST. MORS. PROMOTED Two promotions of assistant man- agers of local Loew theatres oc- curred this week when Rudolph Spring, for several years assistant at the American, New York, was placed In charge of the Fulton, Brooklyn, succeeding Aaron Fichel/ who died recently. Fred Brunelle, former assistant at the 83d Street, New York, has been placed in charge of the Circle, replacing Sam Oppenheimer. MARTIN VAN BURGEN INSANE St. Louis, May 29. Martin Van Burgen. musician, was removed from the City Hospital here to the State Hospital (for in- sane) at St. Joe, Mo. The latest re- port stated his case«was hopeless. Van Burgen attended the A. F. of M, convention held here Jast month. It \is not known if he was a del- egate. Levey's Los Angeles Office Los Angeles, May 29. Sam Kramer has been appointed general manager of the Bert Levey'e Los Argch?* office. He will super- vise all bookings for the southern part of the state. Goldberg Reinstated by Association , Chicago, May 29. Lew'M. Goldberg is booking on the W. V. M. A. floor again after a suspension of six months,