Variety (July 1923)

I Wednesday. July 4. 1923/ LEGITIMATE IS =uc B'WAY SHOWS PUSHED DOWN TO 18, FOUR OR MORE aOSING THIS WEEK European Travel Another in New York—Change Advance Sales—Fiire . Through Summer Factor for Lower Grosses in Weather Didn't Revive Dramatics Have Chance TOLER SUES KLAWS Echo of "Exilo't" Failuro to Roplaco "Warning" in »f \y The breaking of the unprece- dented heat wave dated from Tues- day on last week dcmbtless saved Broadway from panic. The count- up on Saturday proved that only in a few exceptions was business bet- ter than the previous torrid week, however. Even successes rated among the Etrongest on the list went tJ new low marks and only the several leadine musicals drew better trade. The result was that four more shows .nnounced^thi.'; as their fln^il week. Monday wiH see not over IS at- tractions on Broadway and the list may shrink to 15 or less before July Is far advanced. The expl:u.alion of the further drop in attendance desi>ite improved weather conditions is that the con- tinued heat had effectively killei off advance selling and accountetl for who!e«raIc cancellation of reserva- tions. Monday and Tuesday of Inst week saw cMsmal patronage and though the box offices slowly im- proved, the loss In Impetus, was never made up. The beginning of an out of town exodus over the Fourth started about Friday, further feit along Broadway and will doubtless affect this week's trade. Rai.road au- thorities estimate 1.000,000 persons : left New York over ilie holiday. The great volume of vacationists going abroad probably counts more importantly. Steamship ofTlciuls compute the number of persons sail- ing for Europe as totaling 10,000 daily for the final 15 days in June. The departure of the "Leviathan" Tuesday marked the crest of for- eign travel and the volume of re- turned travelers will increase from the middlf of July onward. Monday will see the list featured by musicals which will comprise virtually &0 per cent, of the total. Most of the musicals are new and registered so unlformaly well that the business of the survivors was badly dented and several of the latter are being forced to close. The "Follies" went into the lead last week with the gross claimed to beat $37,000. White's "Scandals" la credited equal to the "Follies" In agency demand and Is rated second, although the attraction is limited In capacity compared to the Am- sterdam. "Scandals" Is quoted get- ting 126.000 at the Globe, with "The Passing Show" at the Winter Gar- den listed next. The latter may have gone to bigger figures than •"Scandals" bu the ticket demand Is aot as strong. "Helen of Troy. New York." climbed at the Selwyn and given any sort of a break will continue to grow, conceded a hit Takings the second week went to a little under $17,000. "Adrienne" recov- ered partly at the Cohan, while ••WildHower" equalled the previous week which surprised even the management. "The Music Box Re- vue" went lower, dipping under $13,500. while "Little Nellie Kelley" BUpped to $12,000. "Rain," though registering excel- lent business at the box office went off another $1,000 because of the drop in advance sales. The gross was $12,000. top among the non- musicals. "Seventh Heaven" also skidded a bit more, going under $10,000 for the first tim-. "Aren't We AH" boat $11,000. holding its own by reason of being a newer at- traction. 'Morton of the Movies" got about $9,000 and "ALlc's Irish Rose" about $7,500. These five at- traction.s admittedly have the boat chance amonc; the non-muHicals to ride throu'^.M the .sianmor and into the fall. The hiiro rlosing.s for Satiirda\' are "Little Nellie Kelloy" at the Liberty. "Icobound" at the IlarriK "So This i.M London" at the Hiid.son, •'ind "Oo (Jo" at the Apollo. Tho latter *show moved down from C3d street l.-i.s^ week, but could got little over $3,500. "Polly Preferred" was added to last week's closings as in- dicated which made the withdraw- als total five. Announcements were sent out stating the closing was temporary, also mentioned for 'Dew Drop Inn," but the claims were re- garded as press notices. Earl Carroll's * Vanities of 1923." listed to open late last week, was pushed back until Monday and post- poned again until Thursday, July 5 No new shows are listed for next week, although "Newcomers." Ted Lewis' "Frolics' and "Fashions of 1923" are listed to come iu this month. All are musicals. Cut Rates Shrink Wit!. Closings The closing of a number of the v.-eaker sisters last week cut the cut rate list down to nine attractions and at the tame time the list of bu>s dropped to an even dozen in number. The "dog day' season is on In full blast as far as lK>th the advance price and the cut rate thea- tre ticket offices are co;icerned. with the only demand In sight being that for the lighter type of musical com- edy revue in the agencies on th? part of the u.sual summer widower, who is battlii.g for the front seats. In the advance agencies the dozen listed as buys are "Seventh Heaven" (Booth), "Wildrtower"( Ca- sino), "Adrienne" (Cohan), "Merton of the Movies" (Corl). "Rain" (Elli- ott), "Aren't We All" (Gaiety), "Scandals" (Globe). "Little Nellie Kelley" (Liberty), "Music Box Re- vue" (Music Kox), "Follies" (New Amsterdam), "Helen of Troy. N. Y." (Selwyn), and "Passing Show" (Winter Garden). In the cut rates there are two shows that art to be eliminated from the small list of nine, through closing on Saturday. They are "Icebound" and "Go Go." The com- ' plete list for the current week has ' * Go Go" (Apollo), "You and I" (Bel- mont), "Zander the Great" (Em- I pire), "The D.vil'a Disciple" (Gar- rlck), "Icebound" (Harris), "Not So J Fast" (Moroaco), "Sun Up" (Prov- i Incetown), "Abie's Irish Rose" (Re- public), and "The Fool- (Times Square). The Klawa' "bull" In heralding the incoming of "The Exile" when "The Last Warning" was still in the house, has resulted In Sidney Toler, author ?^nd co-producer of "The Exile," starting a $6,607 damage suit against the Klaw Theatre Corp. for failure t# permit the opening of the piece on April 2 last as agreed. The Klaws figured that the "Warn- ing." having fallen under the $7,000 stop limit, was slated to fold up. The Mingold Productions. Inc., pro- ducers of the "Warning," got around that by buying up enough tickets to reach the stop grade, and selling them at cut rates. They were sus- tained in Injunction proceedings agains-t the Klaws to prevent the bhow from being ejected from the theatre. / ,^ •;> i y : . - 'The Exile" was meantime adver- tised to open April 2 and the dam- ages a.sked are for losses sustained through failure to turn the theatre over. Toler has a letter from the Klaws statinpT that in case of an injunc- tion tMey (the Klaws) would bond it. Toler. beiny an actor and play- wright, not an attorney, did not know that an injunction like this cannot be bonded. It is Toler's belief that if the show had t-een at the Klaw and not the Cohan where it opened h^r a dis- astrous run it might have proved a success. O'Brien. Malevinsky & Dri.Toll represent Toler. ORISMAN HELD IN BAIL Samuel Grisman, erstwhile treas- urer of the Criterion Productions, Inc., producers of "How Come?", a colored revue, was arraigned be- fore Magistrate Levlne Thursday on a forgery and larceny charge and released on $2,500 ball. Further hearing was postponed until July 12, Grisman aeking for an extended ad- journment, but the early departure of "How Come?" from New York limited that. The colored show, now at the Lafayette, New York, takes to the road Saturday. Grisman was arrested on the complaint of Eddie Hart of the Sanger & Jordan office. It is al- leged Grisman represented to Ben H.arrls (Newark," N. J., attorney), the backer of the show, that he (Grisman) had Incurred $100 ex- penses for a rehearsal hall and had borrowed the money from Hart Harris made out a check payable to Hart. Hart charges he never lent Grisman any money and that the indorsement of his name on the check is a forgery. MACEY HARLAM LEFT $5,000 Macey Harlam. stage and screen actor, left an estate not exceeding $5,000 In personalty and no will when, at Saranac Lake, N. Y., he died June 18. according to Bcnjam'.n Friedman, of 1329 Broadway, Far Rockaway, L. I., Julius Blumb*»rg of^^l Crown street, Brooklyn, N. Y.. brothers-in-law, and Morris Har- lam, of 104 West 17th street. Man- hattan, his brother, in ^thelr appli- cation for letters of administration upon the property, which was granted to them by Surrogate Foley of New York, last week. According to the petition for too aydminlstratloi. letters, Mr Harlam is survived by seven brothers and sisters. NEW PLAYS SHOWING ,v.' List of Attractions Over Summer at Long Branch Long Branch, N. J., July S. The list of attractions announced for tho Broadway theatre here Is as follow*: July 6-7, "Connie Goes Home*' (Kilbourne-Gordon, Inc.); July 9-11, "Newcomers" (Will Mor- rlssey); July 12-X4, "Swanee River" (Sam Wallach): July If-18, *'Mls8 Lochlnvar" (Lawrence Weber); July 19-21, "Chains" (William A. Brady); July 23-26, "Thumbs Down" (Shuberts); July 26-28, "Artists and Models," new Century Roof ahow (Shuberts). July SO-Aug. 1, "Light Wine* and Beer" (A. H. Woods); Aug. 2-4. "Tarnish, with Fannie Marlnoff (John Cromwell); Aug. f-g, "We've Got to Have Money" (Al Jones). \ Aug. 9-11, new play (John Golden); Aug. 13-16, "Cassanova" (A. H. Woods): Aug. 20-22, "Poppy," with Madge Kennedy (Selwyns). Aug. 23-26. Irefie Bordlnl in new play (Frohman, Inc.); Aug. 27-29, Pauline Frederick In new play (A. H. Woods): Aug. 80-Sept. I. "Mary, Mary, Quite Co.itrary," with Mrs. Fiske (David Belasco); Sept. 8-5, Marjorie Rambeau in new play (A. H. Woods); Sept. 6-8, 'The Two Hole," new musical comedy (Shu- berts). X. ' ' "The Earthquake," by Theodore Liebler, Jr., and presented by Wil- liam A. Brady, Jr., opened here on Monday for three days. OPEN AIR OPERA FLOP CARROLL'S DELAYS PROVING EXPENSIVE Equity Matter Interfered with Smooth Running Production —Two Adjourned Premiers Another Entertaining Policy of Nights at Polo Grounda HEBMAN'S PASSPORT Martin Herman and Sam Hoffen- steln. the poet-presa agent for the A. H. Woods offlce, slipped out of town for a vacation over the Fourth. It was reported Marty had sailed for London, probably because he flashed a passport which he has had for a year, waiting for a chance to use it. Open air grand opera has been abandoned at the Polo Grounds fol- lowing the slim turnout for the first night, when "Alda" at a dollar top failed to draw more than a few thousand spectators. The plan to give New York opera in the open air has been definitely abandoned by tho promoters as far as the Polo Grounds Is concerned. Boxing and possibly an open air In- novation, similar to the pictures and band concerts at Braves Field in Boston will be the policy of the future. HUNTER'S MOTORma BILL Between June and-^December. 1922, Glenn Hunter, star of "Merton of the Movies," did some extensive motoring between New York, Greenwich, Conn.; , Rye Beach, N. Y.; J'ort Chester, N. Y., and Hasting, and incurred a bill of $2,485.76 for the hire of his motor. Having only paid $728.78 of the total, Lewis Buxton, who rendered the motoring services to the Juvenile actor, brought suit foe the balance and has been given Judgment for the full amount. A few days previous A. L. Llbman recovered Judgment against Hunter on a $2,000 note. ^Earl Carroll's revue, "Vanities of 1928," to havo opened June 28 and postponed owlniT to trouble with Equity until July 2, was again post* poned until July S. ReheaVaals were Interrupted and condltlona made very unsettled by the Equity action. Aa a result tho dress rehearsal held Uat Sunday showed that the ahow needed moro time to preaent It In tho shape Mr. Carroll wants it when opening. The dress rehearsal which started at 2 p. m. Sunday did not get through until • a. m. Monday o^lng to scenic changes, dovetailing of specialties Into action, etc. The repeated postponementa, with the penalty to C&rroll of sala* rles for his company, extra pay for stage hands and musicians and other Incidental expenses, ia going to put quite a formidablo flnancial item on the wrong aide of tho produ'^'^r^ books. The names outside the tho* atre in electric lights are I'eggy^ Hopkins Joyce, Joe Cook, Harrje^>- Burns and Jimmy Duflfy. Carroll will broadcast the tint act' of the premiero performance of hla "Vanities" tonli^t (Thursday), de-, spite a communication from tho American Society of Composers, Authors and Publishers, which, br contract with Carroll aa an author- composer, controls tho performing rights of all his output Carroll, In contracting with Waterson, Berlin A Snyder for tho publication of tho "Vanities" acoro (composed by Car- roll, to lyrlca by himself and Roy Turk), speciAcally reserved all radio rights which tho music publlahers felt were incidental to tholr chief purpose of controlling the stage per« formance music rights. f The premiere was to have been broadcast Monday night. The WJZ station atop the Aeolian building. New York, at llrat decided to shift the date to accommodate the visit- ing General Qouraud, who wouM speak through the radio, but with the "Vanities" postponed to Thurs- day, the radio performance stands. The test case of Wltmark against the L. Bamberger Co., department store, of Newark, N. J., for alleged unlicensed performance of "Kiss Mo Again" via the WOR wireless ota»,. tion maintained by the company, was served Saturday. Harms, Inc., also has started a similar infringe- ment suit against station WHM, maintained by the Hidgewood "Times," Rldgewood, N. Y., alleging Infringement of one of their pro- duction numbers. T MADGE KENNEDY'S SHOW "Poppy," a new musical comedy which will feature Madge Ken- nedy, Is scheduled to open at the Apollo, New York, Aug. 26. The at- traction will supply a double debut, it being Miss Kennedy's first ap- pearance in a musical show and the first production by rhilip. Goodman on his own. The latter joined with Arthur IIoi)kins in the presen- tation of "The Old Soak," which en- joyod a ."reason's run art the Plym- outh. Mi.ss Kennedy'H .suiiport will In- clude Luolla (".ear. ICmma .lanvler. W. C. Fields. .limmy Harry. Sheets (Jallasrher. Millie nutterfleld, and .Sarah Kdwards. Julian Alfred will stage the d.nnces. The chorus will have twenty-four girls an* twelve men. LEWIS' SHOW OPENING "COLD' Ted Lewis' "Frolica" sUrtod re- hearsing Monday «t the Shubert, New York. Ted Lewis and his band, Lillian Lorraine, Lewis and Dody, Julius Tannen and Helen Bolton are some of the principals. The "Frolics" will not play any tryout datea, but will open cold for a run at the Shubert, Boston, either July 30 or Aug. 6. ROSENTHAL IN HOSPITAL Loa Angeles, July I. J. J. (Jake) Rosenthal Is at St. Vincent's Hospital hero, steadily improving from his recent illness. Mrs. Rosenthal (Kathoryn Oster- man) is also here and intends mak- ing Los Angeles her permanent home. The Ronenthals* residence is 1800 North Bower street, Holly- wood. MUSICAL SHOWS FOR ROAD MORE ::- PLENTIFUL NEH SEASOR ,*^ Fifteen Now Booked—^Thirty Expected—Especially Framed—Smaller Towns Prefer Them to No. 4 Companies of "Broadway Hits'* LIFE PASS FOR BANKEB Los Angeles, July t. Marco Hellman. local banker is the first to receive a life pass for the new Erlanger theatre,' wlilth 1m in cour.se of construction and sched- uled to o|5en In the fall. The pa.'^s is mounted In platinum and studded with dlaononds. Winchcit 3m th Rewritino "Whsel" Winchell Smith Is rewriting "The Wheel" with the purpose of adding more love interest to the gam);>1lncr drama which was favorably noticed on the out-of-town tryouts. John (;o]den will recaat it for an early fall production. , Something akin to a now era la producing of musical shows seems to be In the ofllng. If It Is carried through successfully it will mean that the smaller towns, those hav- ing a population from 10,000 to 30,000, will be given musical comedy entertainment that will be produced with a view to playing that type of community. Charles Maynard. who handles the booking of the smaller towns out of 'the Erlanger Exchange, states that already there are about fifteen shows designed especially for the small town territory routed for the coming season. Last season there were about five Hhows of this type on tour, among them "Listen to Me" and "Eve." All finished a season with money on the right side of the ledger. Their 8ucces.4. Mr. Maynard believes, is the reason for the framing of the additional number of shows for the coming season. Tho frame mp thai the showa carry runs anywhere from twenty- four to thirty people, including me- chanical staff as well as the play- ers. Usually there is a chorus of twelve, with anywhere from eight to ten principals. With fifteen shows routed at the beginning of July is taken to ln« dlcate that there might be as high as thirty shows ready to operate by the time that the season gets under_ way ofllclally on Labor Day. Seem- ingly the smaller towns are willing to take the shows that are framed especially for them In preference to one of the Broadway successes played by a fourth or fifth company, whieh. because of the overhead in royalty and production, is compelled to a.«k a stiff boi( ofllce scale. Tho* smaller towns have been fed up on the "hits" with poor casts at tof prices and prefer to patronize the^ shows built for theoa at a cheaper box office scale.