Variety (July 1923)

^-jThursday, July 1«, IWS • V" '•■' '* ♦ • • i" VAUDEVILLE MUSICAL INSmUlllENT MAKERS ' COMBINE AGAINST MUSICIANS ■■•,.';'' J'. i Nb More Free or Reduced InttrmnenU, Publicity or Group Photos in Exchange for Exploiting Makers' Name i.i»/i^. .> *• Twenty-four musical Itittrumei^t manufacturers have agreed not- to exploit their wares at the public's expense through th» medium of pro- MBsional musicians' exaggerated iteetiinonials. !$< The professional bandsman for a " time imposed on the manufacturer b/ signing a laudatory testimonial Ih exchange for a free instrument i^'Or one at reduction. This was fe- '1»eated with several manufacturers n/itil it asfumed the proportions of -'•t'trade evil. Other recognized bands and leaders would come in for some in- expensive publicity through the medium of signboards, billposters and trade p^per advertising in the * iBume manner. Another form of "graft" was in the form of group photographs which the professional orchestra needs all aldng. " 3tof exchange for "courtesies" ; some' of the musical manufacturers made it a habit of dlsburaing hfilf 'or more of the costs of such photo- ' graphs. In return some of the [bands touring vaudeville programed 'that such and such instruments '.were toing used; or, where an or- chestra made phonograph records. the labels bore the inscription to that effect. Several of ihe prom- I inent orchestra leaders Vere also 'reported receiving salaries to In- *duce tKeo) to use certain instru- •■^ents. ;The manufacturers are against aU such practices and have unani- mously agreed to curtail them im- . mediately. *j BUSINESS BIT "All Right, Eddie,'* in ''Vanities' , Claimed by Vaudeville Act A legal controversy looms over the rights to the use of "All Right. Eddie," and the general character- ization of the old-time vocalist a^ done by Frank Leslie in Earl Car- roll's "Vanities" show, which opened At the Carroll, New York, July 5. Leslie was with the Wood and Wyde vaudeville act for several seasons, doing the same character as a stop-gag while scenic changee were made. Wood and Wyde*8 contention, is the business identified with Leslie's characterization belongs to tl^ Wood and Wyde turn. . Similar controversies have arisen In the past when vaudeville people have made the leap to musical com- edy. The burlesque people have frequently lost whole scenes and several times have threatened re- prisals, but no one has ever taken the initiative. - It is said Earl Carroll Informed Leslie he (Carroll) would handle any difncultiee that might ensue over the interpolation of the char- acterization and business. ACTRESS' HEART INJURED Los Angeles, July 11. :* Hazel Page, an actress, has en- * tered suit against Robert R. Kuhn, • vaudeville actor, alleging breach of promise and asking heart balm to the extent of $160,000. According to Miss t*age'8 com- plaint the actor promised to marry her and then failed to do so, the result is that Tshe is suffering from i broken heart. SOUSA ON LONG ISLAND The Johr Phillip Sousa band will >Iay the new Ward & Glynne Patc?.- '>gue theatre. Patchogue. Long fHland, July 23 being the first at- traction other than the regular vaudeville to appear at the house. Tile Long IsLind theatre will play -**git attraf'tions during the regular season in addition to vaudeville. BIC TIME ACT SENT TO PALACE BY WEE BROKER Wouldn't Give Turn Single Day Before Seeing It—At Pal- ace This Week ^ For the first time on record a big time act "will shOAv" for small time bookings at Keith's Palace. New York, this week. July 9. The act is Oakes and De Lour, recently in a production. After leaving the production they bought bookings from an indepen- dent booking agency to break in their vatidevile routine before open- ing for the Keith Circuit. The independent booker had never seOn the turiv although it played all of the New York big time houses last season. The indepen- dent ifitxid he wou!d have to see it before tendering any time, even a one-day stand. The act this week sent the inde- pendent booker tv.'o seats for the Palace, so that he could catch 4he act and be familiar wilh it in case they ever again need break-in 4Ates. TOUGH ON WRESTLER Side Show Attraction Meets Con- querors in Northern New York Watertown, N. Y., July 1©. Jack Hackensmith. wrestler, with a side show traveling with the John Robinson circus, is'learning a few things about wrestling from huskies in the north country. Al Marlowe, Ogdensburg wrestler, and Rufe Turner, Oouverneur mat- man, eollectetf financially from the circus man when they not only remained against him but threw him as well. Charged with criminally assault- ing a little, girl, Raymond Curl, 25, of Louisville, and Mack Boilnett, 22, of California, both employes of the Robinson circus, are held In |3,000 bail each at Malone, N. Y., to await grand Jury action. State Troopers found the men at Ogdensburg. The complaint was made by 14-year-old Myrtle* Perry. COUnS' "UNITS" New Circuit Using Substilute for "Tabloids" The John E. Coutts' tabloid cir- cuit will eliminate the name, tab- loid, from all attractions, substitut- ing "unit show" In its place. The Coutts' Circuit is routing at- tractions for next season, with the Gayety, Montreal, as the opening stand. BULL RING ACTS PAID John C. Jackel, who" booked the show for the bull ring in Mexico City, denie that the acts wefe not paid in full. According to contract each act received one week's salary in advance and transportation both ways. The return passage money was deposited with the U. S. Consul' In Mexico City. The acts were guaranteed five weeks and each was paid in full. Jackel disclaims any responsibility for any periods exceeding that which the. performers played and were not paid for. LIEUT. BOBBY WEBB ASSIGNED P.obby Webb, former vau'lcvillian, has accepted 'a first lifulonant's 'ommisaion In" the U, .S. Infantry." l^ioutcn.int Webb leaves July 12 for Panama, wiiore he will be .«?talioned. The now army man wna billed in vaudeville as "The Merry Min- strel." SUMMER REVIEW IN NEWARK Newark. N. J.. July 11. Loew's State Is to try a new local show the ♦reek of July 30. It Is to be called Loew's State Summer Re- view, and besides a large cast It will include 25 bathing beauties, for which models are being sought. The Summer Itcvlew will be pro- duce<,l at other houses on the circuit after Newark. Victor Hyde is stag- ing the show. ALLEN RESTORED TO FLOOR Chas. Allen (if the M. S. Dentham olllco resumed bookini? duties in the Koith onice Monday, following a ten weeks suHpensiun. MARIE— —WILUAM HENRIETTA and WARRINER (SCINTILLATINO BONO STARS) We all know of the scintillating evening stars, but these singing stars shine in the afternoon aa well as the evening. Olrectlon PAT CASEY AGENCY. Personal representative KENNETH RYAN. '^VEGETABLE" ROUTINE - MAY GET INTO COURT Seed and Austin FaU on Roy- alty Payments — Al Friend Proceeding Against Them . The controversy over the^origln of the ■ "vegetable" routine used In the acts of the Klein Bros., and Seed and^ Austin, will reach the courts in the near future, when Al Friend, the alleged author, seeks to enjoin Seed and Austin from using the material. • Mitchell E. Friend is preparing the papers ii\ the injunction pro- ceedings following a decision by the National Vcudevllle Artists com- plaint bureau which credited Friend with authorship. The controversy started when Seed and Austin were accused of using the "vegetable" routine with- out permission of Al Friend. Friend had given permission to the Klein Bros, to lise the material. Following the N. V. A. investiga- tion Seed^ and Austin agreed to pay a weekly royalty for the disputed material, the royalty to be donated by SYlend to the Sick and Benefit Fund. Friend claims the royalty has not been paid and that Seed and Austin, in their eiTorts to dodge payment of It have claimed the material was not original with Friend. BRENNAN WANTS PARTNER Bert Savoy's Teammate Uncertain on Future It la not decided whether Jay Brennan will be with the "Qreen- wlch Village Follies" when that revue takes to the road. The sud- den death of Bert Savoy has voided the team's contract. Brennan Is seeking a new team- jnate and will try out In vaudeville with the possibility of the new combination joining the "Follies.** There is no truth to the report Brennan had gone to a sanatorium shortly before the death of Savoy. He was on his way to Frei>ch Lick Springs for a rest when the acci- dent occurred. The road "Follies" Is due In Toronto Labor Day. WELSH SINGERS' DATE The Orpheus Club of Cleveland, a male c' jir of Welsh vocalists, will sing at the matinee and evening performance at the Palace, New York, on July IS.iJrior to sailing for Wales, July 19. toparticipate in the annual natiov.al Welsh song contest at the Welsh Elstedfodd. The Cleveland Welshmen have won many of the annual choral championshipr in i.is country and is aeclalmed one of the .Inest sing- ing organizations In the United States. The Palace appearance will be the first time in New York for the Welsh-American singers. The Orpheus singers will be directed by Director Dawe. Follow- ing their appearance in the Scotch contest tliey will sing In London. Manchester and other capltols of KnKJanC. The contest in Wales will have 100 chofrs recruited from Canada. AuHtralla, South Africa and thf United States. * They number 65 voices. JAZZ BAND IN PIT Innovation at Maryland, BaitimorOr Achieves Notable Suoceta - Baltimore, July 11. For once the Jais orchestra of big time vaudeville has descended to the house pit and essayed the rolto of the regular orchestra, and this time, be- lieved to be the first, with much success. At the Maryland theatre In Balti- more this week, the Lloyd Ibach ag- gregation, after glvlnf Its own act with many encores, takes the pit and accompanies Grace Hayes and Austin and Bergere. others on the bill, for an act full of songs. The regular arrangement of Instruments is. carried out and the Innovation was very welcome here In Balti- more, where Jazs bands have been heard so much that a new stunt was at least permissible. i ;- -^ The change from stage to pit was made without confusion—the house orchestra having left previously, and the change back made Just as easily, with one section of the or- chestra bowing off as the other came up to the stage. .' ;. McINTYRE AND HEATH ON KDTffSNm SEASON Contrabt of 15 Words for 70 Weeks at $2,500 Weekly— 50th Anniversary of Team i CASTLES PATCH UP Go on Touring Trip* Leaving At* • / torney Flat ' London, July 11. All the appearances are that Mrs. Irene Castle and her husband, Capt. Robert Tremane. have become roc« onciled. They motored from Paris to Deau- vlll^, leaving Mrs. Castle's New York attorney flat In Paris. HARBY LiarETSKA BANNED Harry Lenetska. former Junior Orpheum booking man and more recently on the ataff of the Marlnelli agency; has been denied the privi- lege of booking acts In the Keith office. Lenetska after leaving the employ of the Orpheum Circuit became and independant agent. He was em- ployed by the Marlnelli offlce sev- eral weeka ago. ^ j According to report one of the Keith ofncials observing Lenetska on the booking floor, notified the Marlnelli agency that Lenetska could not operate. A question of discipline was said to be behind the ban. Mclntyre and Heath will rejoin aa a vaudeville team next season play- ing out one of the largest dontracts for vaudevUIo as far mi the mone/v Involved Is concerned In recent years. The team have been booked- for 70 weeks on tbo Keith circuit, to be played within two years. IS weeks a'season at |1,S00 a week. .The Keith contract has an un- usual angle In that It contair4S about 16 words. It was given to Ifclntyro and Heath three years Ago at the time the Shuberts were first talkir g of going Into the vaudeville bus- iness. The Mclntyre and Heath agree- ment was made direct with K. F. Albee. It stipulates that If Mc- lntyre and Heath were to plajr . • vaudeville at any futu<,*e time in their career hey were to play for the Keith people. At the time Mclntyre and Heath were playing in the legitimate with their own show routed on the Shu- i bert legitimate circuit. Tom Heath has been in retirement for the last six wscks recur efatln^ from a break down sulTered whilo playing in "Red Pepper/* the team's* last season's starring vehicle. Mr. Heath has regained his health via the long lay-off, despite reports to the contrary. With the team rejoining next sea. son it win martc their SOtli anniver- sary as a vaudeville act, they having joined at San Aqtonib in 1874. Dur- ing the SO years together they have played nearly everything In the show ' line, including concert halls, variety, ' musical comedy, circus, vaudeville, , mo%ring pictures, drama, grand opera being about 'the only branch tho team have not taken a fling at Following the expiration of tho Keith engagements Tom Hsath will retire from the show business. Heath is 08 And MoTntyre 01 LOEW EXTENDS STOCKS Takes Pantagesy Memphis, In Addl* tion to Brooklyn mn4 Toronto ABTHTTB KLEIN'S FROBUCITION Arthur Klein has accepted for production a comedy by Herbert Hall Winslow and Emil N](tray en- titled "Jerry" which will be placed in rehearsal during August. Glenn Anders has TOon engaged to play the male lead. ETHEL BARBTMOBE'C TOtJB Ethel Barrymore will play the Pal- act, Chicago, July 27, prior to a tour of the coast Orpheum houses. Miss Barvymore will present her present vauieville skit. "The Twelve Pound Look." A, A, H. Close to Closing Deal Los Angeles, July IL The deal pending for several months for Ackerman A Harris to take over Grauman's Million Dollar theatre at Third and Broadway is expected to be consummated this week. The Park theatre, Brooklyn. N. Y., will close for alterations Shea's, Buffalo, Dark for Bummer Buffalo, July 11. Shea's will close for the c.ason Saturday. The house will be en- tirely redecorated before opening next season. Tho deal for ^he Loew interests to take over the Paatages, Memphis; is to be consummated this week* .. Under the new management the name of the house will be changed and in place of pictures, as origin- ally reported, dramatic stock wi|^' be Installed. The Memphis house will give the Loew people two stock companies '. next season, the Alhambra. Brook* lyn. continuing with stock for th# third season. The Uptown. Toronti^ ' Is another stock possibility, fo^ Loew the lease held by Vaugh^ Glaser. who operated a corapanf there f>r two seasons, having ex* pired In June with the house stlf held by Loew's who may lease II again to a stock manager several ol whom are reported bidding lot thi location. $6,500,000 FOB CAB BABNS George L. (Tex) Rickard and his nsHoclates' offer of $6,500,000 for the car barn property at 60th street and Seventh avenue. New York, which Is proposed for a mammoth sports arena, figures Importantly In a petition before U. S. District Court Judge Julius M. Mayer. The minority stockholders of the Broadway and Seventh Ave. Rail- way Co, are seeking to terminate the h'.iHC of the N. Y. Railways Co. anc thU3 regain Its lines. This would faclllate the acceptance ol» lilckard's offer. The minority stockholders fav r such termination since the rale to l.lckard would moan a profit to one- tUrd r»f tho stockholders. Judge Mayer has ndjojirnod tho matter to October C, liut will mcan- tlmo con'e.-* with tho lll'^knrd factittn to ascorlain their attitude in tlu- case. nx MowniiAK's SHOW . Jim McWilllams' new musical show "Tut Tut" starts rehearsing July 28. The opening date will be at PatchogyV, Long Island. Aug. 14. The cast includes besides Mc- Willlams. Gulran and Marguerite. McCormack and Irving. Eleanor Brandon. Tom Dore,'James El wood. BlUj McKenna wrote book nnd lyrics, and Mcwilliams the music. McWilllams Is producing the show himself. XONTBEAL OATETT'S TABS The Gayety, Montreal, will play tabs this summer and may contfnue them Into the regular season If they are successful. The Gayety was last season one of the Columbia stands. The tabs will t>e booked by John Coutts. The first tab opens In about two weeks. FIOUBE SET FOB MAE HARSH The big time vaudeville booking offices have set a weekly salary at the utmost of $1,750 for Mae Marsh ih a sketch with a company of four.—^ Miss Marsh declined It Harry J. Fitzgerald represented Mi.ss Mar8h. Joe Laurie, Jr., with "Gingham Girl* Jon r.anrle, Jr.. has been en(;a?ed for "The (Jingh.am Girl." opening In ChloaKo and playing the role cre- ated by Eddie BuzKeI» -