Variety (May 1923)

Wednesday, May 30, 1923 LEGITIMATE 11 SCENIC ARTISTS' UNION MAKES AMAZING DEMAND Obligates All Scenic Designers to Join Union After June 30—Studio Owners Aroused—International Theatrical Association Interested An amazing demand has been made by the United Scenic Artiste' union, which proposes to make it obligatory that all scenic designers be members of the union after June 30. Should there be no deviation from the regulation adopted by the scene painters' organization the pro- prietors of studios will be forced to join the union, as most studio own- era axe the designers of their output. Studio owners are aroused over the the situation and have inter- ested the International Theatrical Association, the latter agreeing to aid solving one of the oddest prob- lems ever confronting the proJuc- tion field. The studio men were In conference with the I. T. A. labor board Monday and may become members of the association. It is the first time for employers to be asked or requited to join a labor union and is opposed to labor union principles. ■ The regulation of the scene paint- ers does not specifically state studio owners must join, but stipulates its members must not work from sketches unless drawn by union de- signers. Sketches are the most im- portant features of scene creations, and in virtually every important studio the drawings are conceived by the owners, the success of the settings being admittedly based on individuality. The demand is the result of the Union having ruled some time ago that all men working in studio de- signing rooms must become mem- bers. Union officers say they will either force some of the independent designers who do not conduct studios to either join the union or leave the production field. It is claimed there are about only a half dozen designers now in the union who can actually deliver sketches. Managers are interested in the matter because of the Increase in production costs indicated for the coming season. The scene painters are reported asking for what will be a 20 per cent, increase over the pres- ent wage scale. Another proposal which has roused the studio owners Is a regulation that no shop is to work overtime without permission jpf the union. Proprietors say that overtime (for which extra wages ob- tain) is a rule rather than an ex- ception in studios because settings are usually completed under pres- sure to deliver prior to the opening dates, often hastily set. Several studios are being con- ducted by members of the union who, it is said, have never with- drawn from membership. These shops are known to contract for set- tings at various prices, but it is al- leged the profits do not equal the wage scale fixed by the union. The scenic artists' union was formed about six years ago and has about 250 members. At the time the request from the American Feder- ation of Labor for a charter re- sulted in the leaders being advised to apply to the House Painters' and Decorators' union, known as Local 820. The latter thereupon granted the scene painters a sub-charter with guaranteed autonomy. Be- cause of the latter feature the union cflaims it is not under obligation to conform to the rules of Local 820, whose constitution includes the principle that when a member be- comes an employer he automatically loses membership in the union. A similar regulation is believed to ap- ply to other unions. ALBANY HOUSE LEASE NAY START BATTLE Shubert-Erlanger Theatre at Capital Possibly Opposed by Keith's "POPPY" WITH KENNEDY Philin Goodman, Interested In "The Old Soak" with Arthur Hop- kins, and who recently joined the Producing Managers' Association, will produce his own next season. The first production will b "Poppy," a musical comedy. The look is by Dorothy Donnelly. wi'U the score by Steve Jones and Ar- thur H. Smomi.'-. .loins is noU'd a* an arranger and is credited with some oC the success of ''Hambo- lin.V in "Wildflower." This is h'n first actual -1 ore Madge Kennedy will be the prin- cipal feature, with W. C. Field" «md Jimmy Barry also to appear in the billing "Poppy" is due in Atlantic City in August and will be brought to the Apollo afterwards. Albany, N. Y.. May 2*. With the leasing of the new theatre on Lodge street by the Shuberts and Erlanger comes a re- port that Keith interests iay-se- cure Harmanus Bleecker Hall to combat the new entry into the local field. Keith's is already represented here in the vaudeville way through Proctor's. The syndicates are reported pay- ing $26,500 annual rent for the new house. It will seat 1.400 when fin- ished early in the fall. Originally the new theatre was promoted by Max Spiegel. M. Shapiro of New York ia completing the construction. Provisions have been made for 30 dressing rooms. Erlanger and the Shuberts will piny road attractions at their house. The past season Albany saw very few combinations. LEO CARRILLO'S LOSS Another 8iater Dies Through Grief— Second Death While Star Rehearses For the second time while in re- hearsal, Leo Carrillo has suffered the loss of a sister. Mrs. Atala Carrillo Hawkins died at Los Angeles May 27. from grief over the death some months ago at the C.rrillo home on Long Island, of Leo's elder sister. Diane. Mrs. Hawkins came east at the time, re- turning to the coast with the re- mains of her sister. At present the star is rehearsing in the Booth Tarkington piece, to open June 8. at Stamford. Conn., going into Atlantic City June 11, and then moving to Broadway. It is now called 'Magnolia," with the title subject to change. He was re- hearsing also in a production when Diane passed away. Mr. Carrillo canceled several weeks of lucrative vaudeville en- gagements on the Orphcum Circuit to take up the leading role in the new Tarkington piece. Its locale is of the south. To inhale atmos- phere, Carrillo, after closing at the Orpheum, New Orleans, took a slow trip on a Mississippi steamer up the river. "FOLLIES'" WRITERS BACK McCarthy-Tier ney with For New Show Ziegfeld The Joe McCarthy-Harry Tjerney song writing combination, whicn turned out "Irene," "Glory," et a!., will again become associated with Flo Ziegfeld, Jr. in the fall. McCarthy and Tierney will con- tribute to the new "Follies" score. The team has been at odds with the "Follies" impresario since 1921. arising from an alleged commission to interpolate six numbers in the '21 "Follies." When Ziggy only used one number and did not pay the Hongsmilhs the $,'500 joint weekly royalty agreed upon, McCarthy and Tierney sued for $3,000. estimated due them up to a certain period before the "Follies" closed) Tin- matter was finally smoothed out last week with the boys and Ziegfeld shaking hand <, agreeing on a financial settlement and an understanding they would write for Ziegfeld in the future. All PRODUCTION OFF FOR 23-24—ERLANGER No Equity Angle—Chief of Construction Is Dis- missed A. L. Erlanger is believed to have abandoned all plans for production next season. Several managers have announced they will curtail production programs bee me of the Equity situation with the threat of a strike a year from now. but Er- langer's withdrawal has no such angle. Recently he dismissed his chief of construction, th» employee being the last executive of the pro- duction department. Last season Erlanger made but one production alone, that of "The Yankee Princess," which was a fail- ure, lie was, however, interested in a number of other pre '.notions, principally with Charles Dillingham, and it is assumed he will continue such associated projects. The only current Broadway attraction he Is known to be concerned with from ■ production standpoint is the "Fol- lies." of which he owns a quarter. Early this season Erlanger built an 11-story storehouse on West 49th street, which is accredited with be- ing the most, completely equipped structure of its kind in the world. However, there are but a few pro- ductions of Erlanger's and several of Dillingham's in the building. There are immense elevators, each with a capacity to lift half a production at one load. A unique feature is a com- plete stage, which, with its gridiron, is three stories in height. An entire production can be hung, lighted and rehearsed, there being dressing rooms, equipped with shower baths and other conveniences. It is said the stage has never been used. AUTHORS CLOSED SHOP ENTRANCE REACHES TWO EXTREMES Actors Welcome, Managers Resent—Authors Want to Be Peacemakers—Their Proposal Not Ac- cepted, but Negotiations Not Broken Off BUT SIX SHOWS A WEEK FOR "RAIN" IN SUMMER PLAY PIRATE SENT AWAY Thomas Castle Given Three Months In Jail Pittsburgh, May 29. Thomas Castle, indicted on the charge of infringing the copyright law by unlawfully producing "Way Down East" and "Lightnin*" was sentenced Saturday to three months In the Alleghany County jail. Castle hails from New Castle, Pa., but the alleged piracies occurred last year in Oil City, Pa. The Piracy Committee of the Producing Managers' Association preferred the charges after sending Attorney Edward C. Raftery (O'Brien. Malevlnsky & Driscoll) to Oil City to investigate. "Way Down East" resulted in Castle being sentenced for one month and "Lightnin' " drew a two months' penalty. Both Saturday Performances Cut—Piece Has Made $200,000 An innovation will mark the sum- mer schedule of "Rain" at the Maxine Elliott. The attraction will go to a six performance basis, eliminating the Saturday matinee and night shows. In the past sev- eral successes have dropped one or two performances during hot weather by scratching matinees. It is the idea of Jeanne Eagels, star of "Rain." to cut Saturday entirely thereby giving her two days rest each week. Miss Eagels has ad- vised Sam H. Harris, producer of the show, that In only that way would she be able to continue through the summer. "Rain" is in its 30th week and has played to standee performances throughout, being the undisputed dramatic hit of the season. It is predicted set for another year on Broadway. The profits to date are nearly $200,000. Cyril Scott Is now playing the role of the doctor, having suc- ceeded Fritz Williams, who has withdrawn because of HI health. Williams suffered a collapse re- cently following his wife's nervous breakdown. He rested up in At- lantic City and returned to the cast for one day. but was compelled to leave the show. He is understood to have retired from the stage. MUSIC BOX CHANGES There will be several withdraw- als from the current revue at the M'sic Box at the end of the week, other players in the cast filling the roles. John Steele is leaving to fill pic- ture house engagements, and will be replaced by Wynne Bullock. Olivette, who is joining the new "Scandals," will be succeded by Jackie Hurlburt, and Hubert Sto- witt's assignments will be handled by John Walsh. EQUITY MOVE UNDER WAY TO INCLUDE P. A. ASS'N Such Affiliation Obviously Desirable by Equity with the 1924 Situation Ahead—Theatrical Press Rep- resentatives Not Strong for Idea Woods Buys "Jurywomin" Chicago, May 29. Bernard K. Burns, a Milwaukee advertising man, hoe written a pliy called "The Jurywoman." purchased last week by Al H. Wood3. The piece was tried out in stock at Milwaukee and i3 well spoken of. A move has been under way since the Theatrical Press Representa- tives Association was organized a couple of months ago to bring the publicity men's organization into the Equity fold. The general plan seems to be to arrange an aniliatton between the press agents and the Equity, with the press agents a branch of the actor's organisation, but electing its own officers, etc. About the same plan followed ly the element that wants to bring the press agents into Equity was adopted by a similar element In the Lyric Writers and Composers a ei ition two concerted drive years. \A>. v.hr-n a was m ids i » «-i the sung writers to form an affilia- tion with the Equity. Iviuity spell binders appeared it the song writers meeting! and out- lined the advantages of an Equity Connection. The proposal to afli- liAte the song writers with the Equity simmered along for four months or more, but was finally dropped. Thus far there has been no Equity speechmaUing at the press agents' meetings, but the plan has been given a start by a word dropped here and there of the benefits to be secured through the press agents joining the American federation of Labor, by making the press men i tail to the Equity kite. It can readily be seen that with the expected battle between the Equity and the managers eventuating In August 1124, that it would be I n«m.t tactical.move by »he Equity to g<>t the press agents into or- ganised I ibor. thus placing tho press nun on the Equity side. 1 Cuunle propaganda im under- stood to have been started by press agent-members of the new asso- I iii ion to prevent an Equity aflllia- tion. It is likely the issue will reach the Press Representatives association Within a few weeks for Official consideration, both sides wdl work be woes in- dustriously f.u mi against. The developments in the recent entrance of the Dramatists' Guild of the Authors' League into the managers-actors situation indicate that the actors welcome them and the managers so far burningly re- sent them. The authors' committee has already conferred with the Equity and will this week have a session with the Producing 2.1 la- agers' Association which may change the attitude of the managers, as the authors seem desl.ous of acting as peace makers as long and as far as possible, but are pre- pared to enter as combatants tn their own behalf in a crisis. It is known that the authors' pro- posal of a closed shop for actors who earn less than $500 weekly and an open field for the stars was not accepted by the Equity, but that negotiations were not broken off. The Equity welcomed the possibil- ity of the authors joining the Fed- eration of Labor as a union unit. The Equity assured the authors that It was not their intent to in- fluence casting, direction, choice of plays, etc.. in any event, even though the closed shop idea wins hands down. One producing manager, one of the most powerful in the field, this week informally issued the follow- ing interview to Variety: "Soar- of our (P. M. A.) members were neutral, some careless, and others frankly very friendly toward Equity," said one, "and these split opinions were very difficult to deal with. But the threat of the authors has helped clear this situation ap- preciably. While we do not believe the Authors' Society as a whole would take out a union charter, we do know there are a few of its members Inclined to radicalism, and we know who they are. This union talk is their propaganda, but it has backfired, in that it has awakened the neutrals and careless of our members, and changed the views of those who were friendly disposed towards Equity, amongst us. "A single straw over his capacity of bearing broke the earners back, and this is the last straw we can stand, as we are not yet ready to surrender our Investments Into the hands of those who could never have attained their present pros- perity without the aid of the men whom they now seem determined to rule or ruin. "If it must come to a fight, it wilt have to come, and we'll have to do the best we know to save and pre- vent the rape of our property. It will not be a private fight, anyone can get in who wants to, but let me say of all concerned, actor, author, musician or stage hand, who draw their pay from the producer, not out of them have a legitimate cause or reason for precipitating trouble at this time, when the theatre U just emerging from the chaos into which the war and other circum- stances (the Equity strike amongwt them) threw it. The season of 1134 under normal conditions, should be a phenomenally successful one, hut this promise lacks any guarantee of fulfillment, owing to the restriction of production, which Equity's atti- tude compels." ILLNESS CLOSES "KEMPY" "Kempy" closed a season of 51 consecutive weeks and will reopen in August with the Nugents f<*i- tured. The illness of Ruth Nu-jcnt hastened the closing. Tin* daughter of the author-si »r was operated on for appendicitis this week. Norma Lee Nugent, wife of Elliott Nugent, replaced her for the tin '1 three weeks. "CHIVALRY" POSTPONED "Chivalry." »Tie litest of With im Ilurlburt's dramatic writings, t » have opened July 16 or 23. under the management of Joseph E. Bhea, with Richard Bennett and Irenj Pen wick the featured players, hi- Meanwhile jtieon ponlponed until Aug 1. owiiK to the absence of Bermett in Burop • Mi i FenwiCk is also going abroad