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VAUDEVILLE Thursday, June 7, 1928 HORWITZ FRANCHISE REVOKED, AGENT LIABLE FOR CONTEMPT Loew's Booking Chief Cancels Horwitz* Office— Secured Transportation on Credit—Wife Wins in Court Proceedings The Loew office this week revoked the booking franchise held by Arthur J. Horwitz following further evidence of his irregular business methods. J. H. Lubin, Loew booking chief, issued the ultimatum Tuesday after complaint had been made to the Loew people that Horwitz had se- cured two tickets from a railroad for California and Chicago. The tickets were advanced by the rail- road people on account of Horwitz' connection with the Iibew office an an agent. Horwitz' flight from jurisdiction hereabouts is the culmination of a series of incidents that completed the wreck of one of the most pros- perous of the independent small time vaudeville agencies in Greater New York. Coming here* from Chi- cago he formed a partnership with Lee Kraus which developed into the largest local independent agency. After a year or so Horwitz split with Kraus, both attempting to op- erate alone, with disastrous results. Kraus rejoined Horwitz a short time ago, just in time to witness the final disintegration of the remains of the once prosperous Horwitz & Kraus combination. Mrs. Edythe Livingston-Horwitz's motion to punish Arthur J. Horwitz, the Loew agent, for contempt for failure to pay his alimony regularly was granted by New York Supreme Court Justice Lehman this week. An order for Horwitz's arrest has been issued but cannot be served before Thursday (today) because of the regular court procedure neces- sary to settle an order. Horwitz is reported having cleaned out his Loew Annex building office, includ- ing all ledgers and accounts. The agent opposed the motion on the ground his wife agreed to accept $125 weekly for the summer season instead of the $200 a week allowed her by court order. Horwitz is $2,112.50 in arrears. This was Arthur's last legal stand in his divorce imbroglio with his wife. The trial of the action is due shortly, having been on the calendar for some weeks. Benjamin F. Spell - man still is Mrs. Horwitz's attorney. The defendant has gone through six law offices unsuccessfully in the course of his defense. Judgment for over $1,200 on a $1,410 loan due Dwight W. Fisher, owner of a circus act, was entered this week against Arthur J. Hor- witz-Lee Kraus, Inc., and Horwitz individually. The defendants bor- rowed the money from Fisher, who was routed over the Pan time by the Horwitz-Kraus agency and only received $228.57 in return. Another judgment for $47.09 has been entered against Horwitz per- sonally by the Graphic Photo En- graving Co., Inc. MAE and ROSE WILTON "Talented Vocalists'* What tho HuffRlo "Courier" said: "Tho gifted Wilson sisters, talented vocnlihts, who popsesa that valued a»set for • singer, a regard for correct pitch, and who have, really beautiful voices, sing a regular program, lengthened by a demand for extras, with comedy hits that win enthusiastic applause." Playing B. F. Keith Circuit ACTS DISLIKE FOX'S METHOD OF BOOKING Told Night Before Where to Play Next Half—Advantage of Circuit, of Course EXTRA DAY IN BALTIMORE Garden Issuing 7-Day Contract— Free Show at Camp Meade. Commencing next week, acts booked through the Amalgamated Agencyt New York, for the Garden, Baltimore, will he given contracts for a seven-day week In place of six as heretofore. The theatre management has ar- ranged to present the entire nhow on Sundays at the theatre in Camp Meade. Thf* show will be furnished the army post without cost, it is claimed, the army supplying (intiH- portation. It has not been stated whether ad- mission will be charged to see the performance at Camp afeade. The Brighton, Coney Island (vaudeville), will inaugurate an ad- mission top of $2 next Sunday, con- tinuing it Sundays throughout the season. The Brighton heretofore charged J 1.50 top week days and Sunday-v. REDRESSING TEMPLE Rochester, N. Y., June 6. E. F. Albee came to Rochester last week to inspect the Temple, which the Keith interests • recently pur- chased, with the Detroit Temple, from J. H. Moore. Previous to his visit it was not entirely settled that the house would not be available for a stock company. Earlier in the season Vaughan G laser had tried to rent it for the summer, but receiv- ing no encouragement he went to Mr. Albcc expressed dissatisfac- tion with the condition of the house and decided to redecorate it at once. He was scheduled to go from Roch- ester to Syracuse, but telephoned to the latter city cancelling the en- gagement and left for New York to confer with his architects and deco- rators. It is still undecided whether J. II. "Mickey" Finn will be con- tinued as manager. A decision is expected soon. The custom of telling an act Wednesday night where it goes Thursday is stil' being practised in the Fox booking office, and is be- ing severely criticized by the ar- tists. Acts playing the Fox time are, in most cases, booked for three days at a time. The usual practice accord- ing to the act is to inform the act Wednesday or Sunday night where it plays the following half week. According to the acts this leaves the Fox reople in a posi-'oii where they can quickly dispense with the services of an act if a cheaper turn is suddenly available. It also makes it possible for the Fox people to induce an act to cut salary for the following week because the act has no chance to fill in the time else- where on such short notice. Some acts receive blanket con- tracts for the entire Fox time, but they are also subject to the Wednes- day and Sunday night notice, ac- cording to the acts. VAUDEVILLE, ONLY, FOR ACKERMAN & HARRIS Releasing Theatres With Oth- er Policies—Century and Casino Go to Others San Francisco, June 6. Ackerman & Harris are forfeiting their leases on the Casino and Cen- tury theatres here and will confine their activities solely to the chain of vaudeville theatres that bears their name. In other cities, with the exception of two, Ackerman & Harris like- wise will relinquish houses main- tained other than' for vaudeville purposes. The two exceptions are the Century, Oakland, where Russell and his musical comedy company are playing, and the Heillg, Seatle, now housing Will King's musical comedy aggregation. The new policy was ordered into effect this week. The Century reverts to Louis Lurle, who plans to run it as a straight picture theatre. The Casino goes back to G. M. (Bronco Billy) Anderson, who al- ready is preparing a musical revue to be staged there. "Our future activities," said Sam Harris, in discussing the matter, "will be confined entirely to vaude- ville. We are no longer to be in- terested in any way with houses that play pictures or other attrac- tions with the exception of the Russell company in Oakland and the King company in Seattle." 12 IN OHIO Keith's Building House in Columbus Will Seat 3,500 A new Keith house to seat 3,500 with office building and stores is to be built in Columbus, O., on West Broad street by the Keith Circuit before next season. E. F. Albee, J. J. Murdock and Senator Walters completed all ar- rangements with the American In- surance Union for the erection of the house on their recent trip west. The Insurance Union is to erect the office building and the Keith people the theatre. A 13-story office building and a five-story building, housing the theatre are planned. It will be the largest structure in Columbus on the block that now contains the Colonial, A. L. U. and other build- ings. The latest Keith super-house will give the Keith Circuit 12 theatres of modern construction in the state of Ohio. MISS KERSHAW HERE Legit Star Without Any Intention of Leaving The cabled report from abroad that Willette Kershaw might mnke London her home has no basis. It may have been inspired through a possible visit Miss Kershaw will make to the other side this season. The star will retain her perma- nent residence In New York and will appear over here in a new play next season. KEITH'S MIDDLE-WESTERN BOOKINGS CHANGED ABOI Reported Glen Burt Will Not Return to Keith'i Booking Staff—Features to Be Booked Out ol New York Office JUDGE URGES HARMONY; NO. 802 LOSES DECISION Court Upholds Membership in Both Musical Organi- zations The test case of Benjamin Berko- witz, a trap drummer, against Ed- ward Canavan, * chairman of the board of directors of Local 902, has resulted in a victory for the Mu- sical Mutual Protective Union. The decision of Justice Lazan- sky in the Queens County Su- preme Court grants Berkowitz an injunction restraining Canavan from suspending members of M. M. P. U. Berkowitz, like many other musicians, is a member of both or- ganizations. His grievance is that whe.n he appeared before Canavan to pay up his quarterly dues and 25 per cent, penalty for b'Bing in ar- rears, Canavan refused to accept the money unless Berkowitz paid a $10 fine and resigned his member- ship in the M.M.P.U. The M.M.P.U., organized in 1864, carries with it certain valuable privileges such as death benefits and relief for indigent members, owning over $1,000,000 worth of property. Local 802 controls the metropolitan employment situation as concerns dance hall and theatre work. Practically every musician is a member of both bodies. The non- recognition of a musician by the local practically ostracizes a player from any union orchestra and de- stroys his means of securing a live- lihood. One musician in a parallel situation to that of Berkowitz held a*21 weeks' contract as cellist with the Chicago Opera Co., which he could not fulfil without a Local 802 membership card. The decision by Justice Lazansky reinstates all musicians suspended by 802 a short time ago. The jurist in a lengthy opinion advises both bodies to get together*and adjust their differences, stating It looks much like an argument between two labor leaders at the expense of the members. He concludes: "Well might one interested in the welfare of the members of these organiza- tions, reading the papers, exclaim to the leaders of both organizations, 'a plague o' both the houses." It would be sensible, indeed, if a truce were declared and the members per- mitted to play their parts In har- mony." HOUSES CLOSING Sheridan, East Liverpool, O., closes June 25 for repairs. The house splits with Johnstown which is now playing vaudeville the last half only. Keith's, Lowell, Mass., Juno 9. Palace, Manchester (Keith) closed June 2. Alhambra, Allegheny and Broad- way, Philadelphia, closed Saturday. Under pressure of the heat wave five vaudeville theatres closed Sat- urday in Philadelphia, and three more will join the dark group at the end of this week. Starting next week, the only vaudeville houses lighted will be Keith's, Nixon and the Globe. It is doubtful if the Nixon will attempt summer con- tinuance. Pell's, Bridgeport. Conn., switched to tabs this week, leaving the Pal- ace, the new Poli 4,000-seater, alone offering vaudeville. Up to Saturday last both houses, which are across the street from each other and both Poll-OWned, were offering vaude- ville. Seventh Street, Minneapolis (Jr. Orpheum), will close Saturday. The Orpheum bills will play the Henne- pin, Minneapolis, beginning next Monday, when a summer policy of six acts and feature pictures at pop prices will be inaugurated. State, Nanticoke, closes Saturday; Colo- nial, Norwich (Keith pop), Satur- day; Robinson's (Jrand, Clarksburg, W. Va,, June 18; Strand, Ithaca. N. V., Saturday. The Orpheum, Allentown, Fa., and The booking situation as regards] the Keith middle western small andj big time houses, many formerl] booked out of Chicago, 1 j in for con« siderable readjusting before season. Glen Burt, former Chicago bookei of most of the Keith small tinu houses out of Chicago, will not con- tinue in that capacity after the. summer. Burt left the Keith book-] jng headquarters in the Palace! Theatre Building this week on a.) vacation, but he win not resume tbaj booking cf the middle wesben houses upon his return, it is re- ported. All of the big time houses for- merly booked out of Chicago..ai _ now booked through the New Yorkl Keith office by Johnny Collins and Jack Dempsey. The new line, up' will probably remain as at present] with the Chicago Keith office fill- ing in the bills after the feature am headline acts have been booke< through New York. When the houses switched froi. Chicago to New York, Burt came east to book several of the small] time houses in conjunction witL Collins and Dempsey. The KeitbJ people wanted to consolidate the bookings of all of the middle west- ern houses to avoid repeats in the towns and to route acts for the entire time. Burt has been associated with the Keith organization for ten years, during which time his activities as a booker were confined to Chicago. Arthur Denman. it is reported, may succeed Glen Burt in Chicago. NEW "FAMILY" TITLE Keith's Office Will Find Anoth< Name for Small Tims Division The present name of the "Fam- ily Department" of the Keith office, as that division has been called since its Inception about 16 years ago, will be changed shortly. The name "Family" came about through the small time houses of the perod of 1907-8 and thereabouts catering to family trade, with the j theatres being dubbed "family the* atres." The Sullivan-Considine cir- cuit was the first to use the tlWe, Since then the field has widened and the name has outgrown its original meaning. Just what the new name of the Keith small time booking dlvison will be has not be*n decided, but t is definite the Family name will be dropped. The floor space alterations, which will change the fifth floor booking department, quite similar to the »xth or big time booking room are practically completed Able. Eaaton, Pa., both Wilmer A Vincent houses booking through J«»?e Ith Fami,y ^Wrtmeni^SS Eddie Keller, vaudeville acent will celebrate his silver anniversary* fpJl'L '7 Cnt °" June 15 ' wh «n «• S" e ' f< J a vacation trip on the «*reat Lakes. The Players Boat Club, Fair- J aven - N - J -. bad its official opening May 30. A good show was put on extemporaneously by the members. The Actors Colony will put on their •annual show at the Palace, Red Bank, N. J.. June 28. Harry Lenetska Is now associated with the H. B. Marlnelli office. He transferred from the Floyd Stoker office. Mrs. Benedict Barstow Talbot, di- vorced wife of Hayden Talbot, play- wright and globe-trotting special writer, must pay $237.10 costs to the New Amsterdam Casualty Co. as a result of her unsuccessful efforts to collect $3,000 bail posted by the casualty company when Talbot was Incarcerated in the 'alimony club" for non-payment of his % ex "wife's maintenance. Talbot was ordered to remit $900 annually for Mrs. Tal- bot's support and the same amount for their daughter's education and rearing. Mrs. Talbot was given judgment for the $3,000 sued for last year when Talbot jumped bail, but lost out on appeal.