Variety (July 1923)

tt LEGITiMAtlE Thursday, July 12, 1983 1 WORST OF SUMMER SEASON " RIGHT NOW ON BROADWAY .f .,■ Relief Expected with Arrival of ttuyers—New Flock of Plays Will Start in August—Some Musicals Due This Month—Sure Hangers-on -«.. The worst of the summer season jltet this weelr. not counting Sun «4 Broadway is believed to be cur- ^P'^ ^^^ ^^^ attraction will ar- rive Monday, "Fashions of 1924" at the Lyceum. It is frankly a fash IS PARKEK'S COW TAWSHES AS lEGAn MHL ONUE JAPANESE PRIMA DONNA. lALKS OUT ON SHO '^ : Leaves DcWolf Hopper Company—^Taken to Taslj for Unfamiliarity—Replaced by Sally Keith^ Formerly with Gilbert-Sullivan ^ ^^ Married Robert W. Fennell, Who Died Before Trusts Ended rent, with indications pointing to an upward trend in business dating from the influx of buyers soon due. The legitimate list has been well shaken out and the money making survivors remaining have about reached the minimum draw, further declines not being expected until attention is centered upon arrivals of the new season. The Hotel Astor. for instance, yesterday had 740 guests—40 per cent, of that total being transients. Next season's crop of productions will not start opening until August. There are several musicals due In within the next three weeks, but the dramatic shows which had been getting under way on Broadway as early as mid-July the past two sea- sons, have been set back and more theatres have approximated the sea- son's start around the customary Labor Day debut post. Hot weather this summer and late preparation J9 the explanation. A sharp drop in temperature might speed premieres, but that is unlikely. The retarding of the non-musicals will give the current musicals a better chance at the summer visitor trade. What musicals will be able to hold over into the fall going is a pure guess. The "Follies," which went to uHtoniKfiing gross again last week with $36,500 in, is reported booked for Boston in September, but under the drive of a summer edition it is quite possible the business leader will hold over here. White's "Scan- dals," the runner-up in demand, and which went to $28,000 last week at the Globe, has a seasonal program which calls for the revue going on tour in September also. The "Music Box Revue" probably will end its season next month, with the new edition due in September. "Wild- flower," however, is expected to run until the holidays at the Casino. "Helen of Troy, New York." is a likely candidate for continuance also, with "Adrienne" standing a chance at the Cohan. "Vanities of 1923" at the Carroll is an unknown quantity, but hardly qualifies for longer than the summer. The holding over of the dramatic leaders can be more definitely fore- casted. Those "sure" to stick are "Rain." "Seventh Hoaven," "Aren't We All," "Abie's Irish Rose" and "Mcrton of the Movies." The bal- ance of the list will have pa.ssed on within .in approximate month. "Sun Up," apparently thriving in Green- wich Village, has a chance to hold on and may emerge on Broadway in the fall. Last week business the first three days beat the same period of the previous work and a lucky break on July 4 aided. Rain knocked the outdoor amusements out of a ton of money but theatres got the bene- fit. Several attractions shiftetl matinees from Thur.sday to Wednes- day because of the holiday. "Scan- days," which had switched to Thursday is now playing Wednes- days regularly, finding it a better matinee day. "You and 1" was the only show giving a Thursday after- noon performance and the box office was surprised with a turnaway. U wa.s reported the "Passing Show' would cut one matinee for the bal- ance of the summer, the Winter Garden being the only theatre in New York on a nine-performanre basis. That was permitted when the managers and Equity stipulated eight performances as the ba.sis of a week, because it was tlie cu.stom of the Jiouse and It Is doubtful if -^ the Shuberts will attempt changes. There are two .slated withdrawals At the end of the week, "Go Go" at the Apollo, and "Not So Fa.«;t" at the Morosco. "Go Go" was adver- tised to stop Saturday but a slij^'ht bUHincMs increase cauKcd the house to take a J"urthcr chance. Taking8 this week slipped back again and the promiHC of paying businofv was shot nfter the Fourth last week, the l^ross being about $l,COO. There are 19 uttractiona on the ion revue but with some recognized talent and stands a good chance for a time because it will be topped at $2.60, the lowest scale yet charged for a summer revue. If the two closings scheduled oc- cur the total number of attractions will count 18. Musicals still to come are Mor- rlssey'B "Newcomers," Lewis' "Frol- ics" and "Little Jesse James." The latter pair are marked In for early August, though either the Morrlssey or Lewis show may be dropped in sooner, If they are to receive book- ing. The Sh^ibert production program for the new season at present totals 20 attractions. There are some new plays in the score but most are scheduled for the road. The goodly casd of first flight attractions pro- vides some doubt as to the materi- alization of the announced Erlan- ger-Shubert scheme for the presen- tation of feature pictures in out of town houses. There is no doubt, however, about the renting of four Broadway theatres for special pic- ture exhibitions starting about Labor Day. The arrangements were made by picture producers, with no known connection with the legitimate Interests other than pos- sible bookings later. "Vanities of 1923" at the Earl Carroll started very strongly, get- ting over $14,000 the first three days, aided by a $10 top for the premiere ZIEGFELD CLAUSE Hussey May Replace Canter in the -Folliee" Liabilities of $3,116.« and assets of only $2 In cash, Is all that Robert Walter Fennell, husband of Dorothy Parker, actress, who played In "The Woman in Boom 13," left when he died November 1. 1918, in France, according to an application made in the Surrogate's Court, New York, asking that the property be ex- empted from Inheritance taxation. Mr. Fennell Is a brother of the various Fcnnells, running furniture stores In Harlem under the name of Fennell & Co. Under the will of bis father, George Fennell. who was the founder of the furniture stores of Fennell & Co., and died March 28, 1902, Robert Walter, born De- cember 20, 1889, received $5,000 out- right when he became of age, and was left one-seventh of the person- alty and one-ninth of the realty, in trust, until November 7, 1921, when the principal of both were to be turned over to him. TJndr the will of his mother, Fredericka Groenert Fennell, who died Mjurch 14, 1912, Robert Walter was left $1,000 outright, and one- sixth of the residuary estate, in trust, until December 20, 1924, when he was to receive the principal and if he failed to survive that date he was empowered to will IL •, She said: "I desire to Impress upon my son, Robert Walter, that 1 Tiave not given him a share of my estate ab- solutely, not because of any ill-feel- —^^ ^ „,.-_,_-- . ijjg towards him or because I In- The agency call was strong t4Jt a ^g^^j^.^ ^^ discriminate against him, bit off early this week. Yiui solely because after due rcflcc- Cut Rates Still Declining Through the closing of a number of shows ^Saturday the cut rate list dropped to seven attractions, while the buys remained firm wlUi twelve shows held by the brokers. "Vanities" at the Carroll was added to the list of buys this week with the brokers taking about 400 seats a night with a return privi- lege of 20 per cent, of the buy, which runs for four weeks. The de- mand among the agencies for the show was strong. The complete list of shows remaining as buys comprises "Seventh Heaven" (Booth); "Vani- ties of 1923" (Carroll); "Wild- flower" (Casino); "Adrienne" (Co- han); "Mcrton of the Movies" (Cort); "Rain" (Elliott); "Aren't We All" (Gaiety); "Scandals" (Globe); "Music Box Revue" (Mu- sic Box); "Follies" (New Amster- dam); "Helen of Troy, N. Y." (Selwyn). and "The Pacing Show" (Winter Garden). In the cut rates the offerings were "Go Go" (Apollo); "You and 1" (Belmont); "Zander the Great" (Empire); "The Devil's Disciple" (Garrick); "Not So Fast" (Mor- osco); "Abie's Irish Rose" (Re- public; "The Fool" (Times Sq), and "Sun Up" (Provincetown). $2,500 JUMP TO FT. WORTH "Irene," the all star company to open its season July 17, is vO have a $2,500 jump to the opening stand which is Fort Worth, Tex. The management want.- to hit the high spots where the attraction has not been seen as yet. prior to the rcpular season, when the show will talic up a route along the I'acific Coast. , H L. Franklin May Lose Hit Wife . Columbus. July 11. Mildred A. Franklin, a daughter of Attorney F. F. D. Albcl. Colum- bus, has cnlcrta suit in the Franklin County courts for a divorce from Harry 'l-.. Franklin, of Hollywood, stage manager for David PelaFCo. They were married, the petition re- cites, Feb. 27, 101 f, in New York city, and have no tliildrcn. Mrs. Franklin complains in lier petition that her hupband nban- donrd her in Octobrr, 191.0. and Iiuh not supportcvl her since 1921. She asks rcbtoratlon of her former name. tlon I have come to the conclusion that his interests Will best be served by delaying the payment of his share to him until he attained ma- ture years." Under the will of his uncle, Henry Fennell, who died November 30, 1890, leaving his widow (Mrs. Henry Fennell) a life Interest in the entire estate, Robert Waltg^ at her death, was to receive one-sixth of the principal of the trust fund. Mr. Henry Fennell is still living. In a general guardian's account- ing for Robert Walter Fennell, filed iri the Surrogate's Court, New York, Jun6 19,1913, it was disclosed that the latter from May 27, 1902, to the date of the filing of the account re- ceived $27,378.32 from his father's estate alone. { Dorothy Parker, married Robert Walter Fennell at half-past one In the morning at Greenwich, Conn., June 23, 1917. The ceremony was performed by Alfred S. Mead, Jus- tice of the peace, at the latter's home. Mr. Fennell and his bride had come from New Yorl: In an au- tomobile with Mr. and Mrs. Willard T. Higgons, also of New York. After being routed out of bed the "Marrying Justice" telephoned to Florence Hlllls, deputy registrar, who had also gone to bed, and asked her to Lssue the license. The re- quest was granted and as soon as the license had been procured the couple were married. After the ceremony the bridal i>arty returned to New York. Mr. Fennell told the Justice of the peace he was a member of the aviation corps and for that reason the m.arrlage had to be hastened. He gave his age as 30. The bride, who had been freed from her first hu.sband by a divorce, gave her name as Mrs. Dorothy V. Parker, her age as 29, and said th; t she was a daughter of Mr. and Mrs. Joseph Grady of New York City. Claiming that her hu^^band (Robert Walter F. nru 11) ilird with- out leaving a will, Dorothy Parker had hrr.-^elf on Augu.vt 5, 1919, ap- pc'inted .idministratt ix of hif es- tate. She el.iimed in her petition that the only property he ieft were alleged causes of actions a{:ainst the executors of the Cftates left by her late father-in-law and mother- in-law. amounting to aUait $300,000, and that her motive of obtj^inint; (Continued on page 19) Plo Zlegfeld will ready a new musical show for the New Amster- dam In the fall to succeed the "Follies," which, according to pres- ent plans, will take to the road In September. That the ••Follies" may hold over Into the new season, however, Is Indicated by Its ability to lead Broadway, although It is now in Its 14th month, with few changes. Jimmy Hussey has been engaged by Zlegfeld, and It Is expected he will replace Eddie Cantor In the "Follies," said to be due In Boston as the first stand. Cantor and Mary Eaton are named as the featured players for the proposed musical, for which Harry Tiemey and Joseph McCarthy have been retained to de- liver the score and William An- thony Magulre the book. Miss Eaton was in the "Follies" until several weeks ago. Hussey Is fea- tured in "Fashions of 1924," which opens next week at the Lyceum. There may be a hitch to Miss Eaton appearing in the new show. An announcement was sent out by M. L. Malevinsky, personal attorney for Miss Eaton, who asked that the press be informed of her objection to a provision in the contract offered by Ziegfeld. It provides that she "must not get married during the terms of this agreement." Miss Eaton, according to the statement, explains she has no intention of marrying, but that if she does meet her ideal she doesn't want.Zlegfeld "to O. K. my sweetheart." She fur- ther fears that she may fall in love and may not be able to fall out again. Some such similar arrangement was reported at the time Marilynn Miller married Jack Pickford. At- torneys state the clause, if placed within a contract and mutually agreed, would not hold In courti Baltimore, July IL ' Haru OnukI, the Japanese prioui donna who came here as a great star for the presentation of "Mikado," walked out of the DeWolf Hopper company at Carlin's PArlc after the second performance .^Ipuit week. The Hooper organizatioz^ 1^ playing a second season at the parli; "Mikado" being the initial showea the program. Mme. Onukl was vexed at Iter treatment by the members of the company. It appears she was taken to task for not being as fAmiUar with the business of. the play ai they and was on the verge of walk« Ing out during rehearsals. Mmtt Onukl was further annoyed by.jtb* boast of the players having worked consecutively for 62 weeks. Sally Keith who was with "Tan- gerine" last season and who was formerly with the Society of Amer-* lean Singers who played a seaBoa' of Gilbert and Sullivan at the ParH theatre. New York, replaced th4 Jap songbird. . .^ CENTRAL TICKET OFFICE Another Meeting Today (Thureday) Over It '7-11" DISSOLVING Colored Show Corporation Produc tion Owes $1,600 in Salaries "Seven-Eleven," a colored show, was Jointly owned by Robert Levy (half) and the other half controlled by Garland Howard, Samuel Cooke, Speedy Smith and Barrlngton Car- ter all colored. With the cast of 30 being owed $1,600 In salaries by Levy, the colored Interests have re- tained Eli Johnson to secure a dis- solution of the partnership. "Seven-Eleven" closed June 30 at the Grand, Chicago, where It had a limited run. Levy advised the company to lay-off In Chicago for the summer and reopen at the start of the new season. The players had other ideas and complained about alleged mismanagement. The colored Interests plan to open the show^ for a run at the Standard, Philadelphia, following which they will go Into a stock policy. Levy's half interest is said to represent an approximate invest- ment of 112,000. Factional opinion expressed bj members of the Producing Mana- gers's Association leaves the matter of the central theatre ticket office with an Indefinite status. Those managers in favor of the plan wlth-^ out reservation are determined to establish the agency, but it is cer^ tain that if the central cffice Is a^Cfl. complished it will not represent at least one Important group of th** atres. The P. M. A. is apparently intent on pushing the central oflflce to aa issue. Meetings last week and thlf had that for the sole purpose. A session Monday when a final de^ clslon was expected resulted In th4 announcement that a further meetx ing would be held Thursday (to-* day), that a minority of membent "representing a minority of first class theatres" had objected to tlUI details of the plan and that an eft fort would be made to amend ih4 plan to meet the objections. It Is patent with half of Jul/, gone, the central oflnce Is Imposslblf of accomplishment by Labor Daj< : the date set by the P. M. A. last month, when it was claimed all tb4 members were in accord with tM plan. ENA WELCH'S FATHER NAMEQ Chicago, July 11. Mrs. Ena Welch, former tdagi beauty and now wardrobe mlstres4 of "The Passing Show," Is tM daughter of Tom Jim Davie, an ol4 time clog dancer, and not daughtOl of Charles F. Swlgart, former aldeM man. Mrs. Welch endeavored W prove that she was Swlgart's dauglw ter to share in a $400,000 estatew The court held that she was boni in 1866. after Investigating cemetery, records, tomt43tone Inscriptions; newspaper obituaries and bible rec^ ords. • 'SEVENTH HEAVEN" AT CORT Chicago, July 11. Operating expenses of "Dangerov^ People' 'will make it possible for the Cort to continue its record of not closing for the s .mmer. Five people are numbered in the the cast of the Cort's newest play, which got considerable call at the Couthoul ogencie.i last week. While no ofTicial announcement has come from the Cort, It Is known "Seventh Heaven' 'is being guarded for the surprise booking at this theatre when the new season starts. HUSBAND NOT SO WEALTHY Nanny Tw cktrt. currently rehears- ing for Ted Lewis"' "Frolicn." mar- ried John r^aumel )a.«it May under the impretihion he was a wealthy man. Subse(iucntly Mi8.« Deckert (Mrs. P.ujmcl) retained Eli Joimxon to in- stitute annulment proceedings on the ground of fraud. mS6 DALTON TO "DRIFT'? Chicago, July 11. Dorothy Dalton has been asked by li William A. Brady to make a sta^ appearance in 'Trifting,' which h% plans to revive in a Chicago thea- tre unnamed in August or early September, if Miss Dalton Is agree* able. MiHs Dalton was last In Chicago In "The Aphrodite." "Drifting" W»t acted In the east 18 months ago. FRLARS' ANNUAL OUTING The Friars Club will hold its an- nual outinp b'tween n^fr^ ^^^ Aug. 15. « The arrangenunts will be mad* by a committee appointed bf l>amon Runyon, its chairman. J JOCKEY CLUB'S GUESTS Chicago, July 11. - The Howard brothers and the en-; tire comrnny of "The Passinf .Show" will be puowts of the UUttOi* Jockey CJlub July 12. / ^-