Variety (July 1923)

1« LEGITIMATE Thursday, JuJy 12, 1925 3s: SHOWS IN N. Y. AND COMMENT Figures •ttimat«d and comment point to some attractione being •uccessful, white the eemr gross accredited to others might suggest mediocrity or loss. The variance is explained in the differonoa in heusa capacities, with the varying overhead. Also the size of ca«t^- with consequent difference In necessary grott for profit. Varianoe in business necessary for musical attnietion as against dramatio play is also considered. "Abie's Irish Rose," Republic («Oth I week). IjAKt week «aw better | business for most of survivors, iJrst thre« days easily topping ■.ome period for week previous. There was grood break on Fourth of July. "Able" moved upward MSily. beating $8,000. "Adrienne," Cohan (7th week). L<ouis W«rba'8 musical going to around $15,000 or little better. Turning * profit «nd ought to ride along with xNcather break. •Aren't We All," Gaiety (8th weeM. JiJnglish comedy hit scoring splen- didly. Its draw surprise in light of late entry on Broadway. Hates with non-musical leaders, f^ast week $11,€0^; "Follies,'* New Amsterdam (58th week). 2iegfelcl show remarkable Inisiness getter. Nightly takings $4,f)00 to $5,000, and last week beat $:i6,500. Nothing on Broadway noar it; Saturday matinee only performance it did not register capacity. "Go Go," Apollo (18th week). To have stopped Saturday, but man- agement elected to try one week more and is guaranteeing house. Business improved bit, biit that meant little, as grops under $6,000, nnd hardly qualiTied for musical Httrifction. •• rates about as much. Last week gross $7,000. sun making little money, though management not decided whether to continue after this month. "Sun Up.** Hardly counts with Broadway attractions, located in small Greenwich Village house. Bids for regular theatre tradei LEGAL, MATTERS • John Hagenbeck of Berlin, film producer, is auing for an li^Junction, racelvership and accounting againat the Aeron Sales Corp. and several states' rightit distributors on . tb« film. "Thf 1^4 Trail," or tba •^falley of Ngum\>a." Hagcnbeck aoUl the American rights for 15.600. but has yet to recover a $3,926 balance. however, and doing unupual sticking downtown. by ALONE—TO'$18,000 Onln Jobnsun baa rccoursed to the courts to recover six week's sal- ary at $850 from the Goldwyn Pic- tures Corp., claiming a contract with Samuel Goldwyn and George Mooser for a role in "Scratch My^Back." lie was not given an opportunity to assume hia duties. The Appellate Division late last woek denied the defendant's prayer for a stay in order to securet the deposition testimony of their studio managers, Abraham J.>ebr and Clif- ford Robertson. '" ' " LOOPS OPEN SEVEN HOUSES m MODEIiATELY LAST WEElP ''Steve" Just Beat Out lU $8»000 Stop—''Blossom Time" Tactics Slammed by One Critic—Mutioat Shows Drop Down i'Vf.4-, ■- ■••iri-i^--. y ■ Reste O'Reilly" Working for Cohan in Boston ••Helen of Troy, N. Y.," Sclwyn (4th week). One of new musical win- ners. Last week pace continued strong ami gro.<<s want to $16,000. hair profit miido at that tlgure; i.ught to get its fuU share of buy- ♦ IS* influx due soon. ••Merton of the Movies," t'oi! (:t5th week). Around $9,000 murk; ability to continue winning pace promises well for oonlinuanco weTI into fall season. •'Music Box Revue," Music Box i.lSth - n»'fk). Has not pulled as strong- ly this Bummcr as Initial revue did last ye.'ir at this time. Draw Im- l-rov^, however, last wrek, gross •ipjng between $1.'1,500 and $14,000. Not believed profltable at that pace. <* "Not So Fast," .Mor<».«<co («th week). J*robably final week. Show liked, hut late arrival killed chances. That goes' also for "Uptown West,'' withdrawn lately from Bijou. 'Not So Fast" about $3,500 iHst week; company virtually co- operative, •'Passing Show," Winter Garden <5th wet'k). Garden considerably ahead of last summer. Affected by heat, but again drawing excel- lent attendance. Reported gross about $30,000. •Rsin," Maxinc KlKott (36th week). Reflected better support of leader.s last week, cl.mbing about $1,000 for gross of $13,000; still plainly out in front of all non-musicals. "Seventh Heaven,** Rooth (37th week). Also picked up nice.ly; betteied pace measured about $1.- :H00 and km^ss going to $11,000. Holds position next to "Rain"; only dramatic attraction getting ♦^luivalcnt gross being "Aien't Wc All." •'Scandals," Glohc (4th week). Rates next to •'Follies' in demand Mninng s\inimer nuiNitals. Standee trade at nlRht. matinees being al- most capacity. (Jross quoted around $2S,000. •'The Devil's Disciple,'' (Jarrick riJth wt-ek). Revival of Shaw comedy Kurpri.^cd by ability to survive Takings ar© not big, but satisfac- toiy to Theatre CUiild at this lime of year. $4,000 last week. •*The Fool,** Times .Square (38th week). .Selwyns conilnuinK Chan- Ming I'ollock drama until Sept. 1. I'ace slightly better than cvcii l>reak now. buHiness fluctuating,' around $6,000. with bit over the nu»rl< last week. ♦^Vanities," Karl Carroll (2d week). Newest .idditinn to summer rcvu»^s got off fo $6..'')0() .start through $10 top opcninpr ni^ht tThursday last*. W« nt to st'Jlout second perform- ance, and stands Kood cliancc. Over $14,000 f.ir half week. "Wildflower," Tasino r23d we.k>. JtidiUK along at joolitablc )>acf, takings last week about $l.'>,0(ii). O ught ft> >>^<ovi^ r f io m ff i crt , -= i uf .^ hc.'it when \ isifoi's arrivr, and Botston, July 11. If it wasn't for CJcorgc Cohan and "The Rise of Rosie O'Reilly," Bos- ton, theatrically speaking, would be in about the same class with King Tufs tomb these sultry summer days. Everything el«e is closed; down tight and there is no chance of any of the houses opening be- fore the end of August. Cohan came over here Tuesday after arriving back In this country to see how things were going with his latest show. He had an oppor- tunity to gaze on the (Igures for the wceke he has been ^way and found that, despite the weather handicap, things wei^e holding up very well and that, as irsual. Boston was com- ing through for little c;<}orgle in thej same fashion as of yore. Last week business ran very cloee to $18,000. There is still a very sizable advance sale and on Monday and Tuesday nights of this week the house was almost capacity, de- spite the fact that neither night was of the indoor entertainment variety. There isn't the slightest doubt that this show will be able to tenant the TrepiOnt until the time allotted Cohan, In October, has eJapsed, and with breaks of $18,000 plus for thi€ sort of weather business will take d swing to the $22,0t)0 and $23,000 mark when the late BM»mer and early faU weather is at hand. Arthur Uammerstein's .request to the Appellate t>i,vi8lon to dismiss the appeal of ^rs. Emma Swift Ham- merstein in a. suit involving the Re- public theatre, 'New York, was granted last week. Ilammerstein won in an action Involving the con- trol of the theatre. His stepmother, the late Oscar Hanamerstein's sec- ond wife, claimed ownership of the playhouse by heritage, which has been decided agaiwst her. The thea- tre, currently tinder leiise to A. H. Woods, passes Into Oliver !>• Bailey's leased control May 1, 1924, for a period of 21 years...... ... -.-, New York Supreme Court Justice Mullan has refused to dismiss the comnlaint of I»VedericK V. Peterson against Cus Hiir in & suit to Collect on a $1((,000 Judgment awarded Peterson, affirmed by the Appellate' Division. Lester Friedman has been appointed receiver of Hill's property. Hill moved to dismiss on the ground Friedman was not named co-defend- ant, wBich the court overruled. Peterson's Judgment is based on a contract for managing a 1919-1920 tour of a VMutt and Jeff' company. .scheduled until winter. *'You and I," Rflniont ^THt w.rV>. f>ti]y attraction to liolil iiiatiiu'.' Thursday of last week. oth»' s «ard(d for that afternoon switch- ing to AVcdnesday (Fourth), l^n- • ^p<'rt«d turnaway; InJ^lness about $5,500. -Another month to go. ''Zander the Great," Empire (Ht)i week). Two-fn!-nne tickets brin?;- ing i« J'b«'Ul $;• OiiO \\otU]y ;tinl iilf ILLmOIS TICKET LAW (Continued from page 12) • • club trade. Th« advisability of printing tickets to satisfy the ticket scalpel's Is a big question In the minds of some of the managers. The managers see in this probable arrangement further, ^rouble. The whole situation is troublesome at this particular time because the Devers administration is playing no favorites and Just what serious steps the fathers of the riew law intend taking when they observe their pet new law disobeyed is a big guess. Insiders claim that the new law got its birth primarily because thos*? who handled its creation ^re de- termined to breal4 down the close relationship between the theatres and the ticket scalpers. These same insiders further assert that the outright ifuys is what hurrled- the new law when patrons went to the theatrco, asked for seats down front and found out that 200 and 300 of them were in* the hands of the speculators. When curtain time came, empty seats w^re to be found and the ho.stile feeling of (he patrons, who were forced into back rows or the balcony because they refused to pay the scalper.s' prirea, manifeste<l itself. Restoration of the confidence of the playgoers is whr.t is needed in the loop for better theatre business the approaching season. Thore isn't the least dcnht but that some of the theatres will step out and grasp the encoiiiaHOir..'?nt of the hour to better the box offlco popu- larity. The hour is also inoiinod to make more even the tactics of the ticket scalpers, get their organiza- tion on a more level b-^sis and stop tlie "^'vping" that has done more to kill theatre bu.Mine.ss in the loop than any other do/nti '"acts, 'fhose who are followinic tlio .sltuatiun as« Kert that it's up to Hie scalpers to Sherman S. Krellberg. last finan- cially Interested In "For Value Re- ceived,'' is abroad, as a result of which Helen Gill was denied her motion to recover $3,000 sued for on the pleadings. Miss Gill invested $7i000 in a film proposition spon- sored by Krellberg, but which never materialized. She is suing for this anhount as a balancfe due on her In- vestment.. O. K. for them to tli.nrKC r»0 cents for service, thc-reliy -atisfying the I'lifntele whi«*h wan*.< the privilege of tojitinuing tlii ir a«-"'ounts with the ajjeiuies, l.iulir the pr*f?eMt law-making the ii«?I:et scalpern aren't proteitln^ liiefj' f.wn b)i»i- ncFs and if ChicaKO ,s desirous of making tight the woikints of the existing laws, every ti»Ket sealprr li»»e (.'ould be di iven oni of bijpjnes* The Commercial Traders' Cr^ema Corp. has an 80 per cent, lien in three productions sponsored by the Apfel Productions, Inc.—"The Trail of the Law.' "The Man Who Paid" and The Wolfs Fangs." The. lien (s a result of the Ck>mmercia] Traders leaving advanced $12,162 to the Apfel company. The Commer- cial company bas threatened to sell the pictures at public auction, which Apfel sought to restrain by court order. The Injunction was denied this week. O.scar Apfel, an officer of the cor- poration bearing hia name, agreed tbat the Commercial Traders have possession of the negatives, and when the loan was not satisfied a notice of auction sale was served on the Apfel corporation. Justic^ Leh- man opines in part: "Since the plaintiff's rights are doubtful, no in- junction should be granted unless the saJe would constitute irreparable damage to the plaintiff, and since plaintiff would have an action for conversion If the sale Is wrongful, I cannot hold that the damages would be Irreparable upon the mere statement that the property bas np ascertainable value." ' The U. S. Lithographing an<l Printing. Co. must subject it& $50,437 claim against Patrick A. Powers, Harry and Al Warner for trial a third time. The long pending action hits been ordered retried by the Appellate Dlvi.«»lort again, which reversed the order for Judgment fok- the full amount. Powers was president of the War- ner Features, Inc. (not to be con- fused with the present Warnor Brothers' firm). The U. R. Litho. company claimed it had owing them $i'.'i,000 on a loan and the difference for labor and services rendered. Tluy also claimed an agreement for printing the Warner Features' pa- per and posters exclusively in ex- f haiige for the loan accommodation. Leopold .Spachncr, against whom the Van Ruren & N. Y. Bi]lpo<»ting Co. took $:i29.20 judgment, will mov.. to open the default jiidRment on the xrhtly trnd*"r?rtt«7d-44t«Vt4 4<»-|***>und he was ill with the "flu" and 1 <'ould not appear In court. The .judK- nu?)t was for services rendered in connection witli "Jitta's Atonement." Rerfha^ Kalich's last starring ve- hicle. Spachner's defen.sc is that the billposting compajiy was advlse<l to cancel after two weeks* service for whioh they were p<ild $400 ;i» agreed. The Van Buren company claims the cancellation notii-e cunie tor late. . ' , «• I i Chicago, July 11. Gov. Len Small, signing bill No. 206, involving the strictest interpre- tation of the ticket-scalping situa- tion ever recorded hereabouts, lent the pyrotechnical touch to tho Fourth of July week's doings in the, loop legit houses. There are aorae who are making light of the new bill because of what their poUtical influences have pre- viously accomplished with similar law-making, but those closely ac- quainted with the reasons for the rapidity with which the latest hill was prepared and unanimously passed on a vote of 112 to 0. claim the new era of ticket scalping iias dawned upon the local populace, with probable serious consequences for those who are involved if any portion of the bill is taken advantage of." Moderate summer trade prevailed at all seven houses during the holi- day week. There wasn't anything scorching about the weather, yet what little Increased "draw" that did come resulted entirely from out-of- towners. "Steve" kept up its sur- pri.singly big matinee pull, the sole reason why the Princess attraction has managed to.keep above the $8,- 000 stop clause. The attraction is working on a margin of between $300 ard $400 to keep in. All tricks are b<lng resorted to for, the welfare of "Blossom Time" at the Great Northern. The newspaper advertisements carry the line "Origi- nal New York cast' for 'Blossom Time," which is the point that one of the newspapers has been slam- ming the managev.-* for doing when the cast really presented Isn't more than a fair one-night stnad cast. From the way 'Blo.ssom Time" has been held at the (Jreat Northern it looks as if the Shuberts are groom- ing the Chicago engagement for ad- vertising purposes of a tour of the musical piece westward. "Dangerous People" experieneed the .'-ame gladness which conies to all premiere plays at the Cort. Un- der the stardom of William Cour- tenay "Dangerous People" followed "Rolling Home" at the Cort, draw- ing over $1,500 for a premiere gross. The best hotel call for any play that has appeared at the Cort since "Thank-U" prevailed during the week for "Dangerous People," which is extremely short in cast and prom- ises to hold until the Cort is ready for the new fall attraction, which will be "Seventh Heaven." "Dan- gerous People" got a lot of extra plugging hecau.se It Is reported that Richard I^mbert and George Kings- bury are financially interested in the new production. All the plays In town except "Dangerous People" jye now work- ing on the week-to-rweek basis, "The Dancing Girl" having come in-? to this class recently. If "The Pass- ing Show" hadn't lingered after it surpassed Its greatest business some summer records would be charged against "The Dancing Girl." bUt as It now happens, the two musical shows are splitting the medium summer trade possible to be ob" taln«d here. "The Passing Show" is down to between $13,000 an<l $14,000, with "The Dancing Girl" not much higher, although the Colonial attraction has the ready call at the hotels. It is only a matter of time before the Western route for "The Passing Show" is reflxed and the Howard Brothers *head Coast ward for the pile of mortey they always gather in that section of the coun- try. Business doesn't worry either "T7p the Ladder" or "Chains," for the management, which is the same In both cases, has to touch much lower business than either has done on any previous week to prevent a profit. If either show close.q before Aug. 1st it will happen because the managers are tired and want a va- cation before the new season starts. For novel .showmanship "Up the Ladder" and "Chains" are showing nuH h of it to those who are in- formed of the exjienses for either .'ittract'ion. Cut Rate Discussion ' Las', week's r'^ferenc. s to the mt rate ti('k»'ts brought out mu«-h dis- <-uvs!<ii). In v«im<- fjuar'-rs ;h. ii-f of ill!' (liL lulrs v\ ••! «• d»-iil»-d Willi the claim cut rates weren't heing u«ed. but spe«^ial party bUx-k ti<ketH had bfiii HMbstitutod. Tli«' s))ocial party tickets are no more than cut rate.x, according to those who know the .system. Those who use the special party tickem look (»pon the s.vsif'rn as cut rates beca(»#io a block of tickets are sold to one certain party, and this party in 4urn dl«}- po«<»s <»i" thrm (•> ii)di\ idtiHlH t^i w hoLjiale hou.-^es iTi no other wa^- than by the original cut rate pro- cedure. The block party tickets give the managers who want-to bs known as being against the cat rates a loophole through whi«ii. u dispose of ticHets and still ci'^ they have not broken any pro! agreement that may exist at the managers. The cut rate piSlte doesn't mind the system t'nafU employed for it to %ei the tiokMi at reduced prices Ju«t so longf^ig these split-priced tickets arc p^ tainable. If tliere arc house n^aa^ age. In the loop who don't beliew there is a big section 9f Chl<^|' theatregoers who claim cut n tickets are obtainable all (h* managers have to do is to frcqot the factories and wholesale houM#^ where they know the "bk)ck party tickets" go to, and listen to the chatter. In looking to the future for tl opening of the new theatric season, everything stands out tAh the best for those magnates '#ho will stop and weigh the Chicago rSLtuatlon. Common-sense prieocMw "cheating" of casts via attempts,it* mislead the public (No. 2 casts go here if they are not advertj as No. 1 companies) and s^veri other 'Incidente well ftnow n by Vto expert showman will send off pMyfc on the right foot In Chicago thfk fall. Just enough of a lull in thea»- tre interest is going on r.ow to pre- dict the local public will be hungry for the right entertainment when the leaves start to fall. Last week's eotlmates: , "Dangerous People" (Cort. 1st week).—Made money on cltisc , ktf %6.0M week. _ "8teve" <^Princes.«:, 12: h weokV.'— Picked up around $1.70« on Kiirb performances Fourth of July, i'arely skimmed over stop clause of $S.MO on week; really did $8,500. Ixnokli like three weeks more if cont,|>;^9t will be adi'ered to. ^'Blossom Time" (Great Northern, 17th week).—Holds $9.0(»0 average. Can weather everything by way ex- penses chopped •'„ "•The Passinfl 8how" < A polio. liVh week).—.Vgain wen: betweert $13,04« and $14.00(r, and will hold there fOr balance of engagement. "Thu Dancing Girl" (Colonial. 5th week).—Week-tOrWeek notice up with two performances iTue<><lay and Wednesday nights); holding trade around $16,000. ,. ,; ■;; ''Up the Ladder" (Centr.iT.' Mill" week).—Figured $5,000 gro.s.H makes money by the way all expenses are held down. , "Chains" (Playhouse, 7th week). —Another approximate $6,000 gross, which brlngn everything on the right side of the ledger. . ,,^ "Kstskill Dutch" After "You and f* "You and I" will oontinue abobt four weeks more at th* Belniont and, at^cording to present ph»ns,' the company will lay oft for several ; weeks, reopening Jh Chi«ago wifh the Original cast. " . ■ ' * • ^!^^ The attr.'^ctlon lioihinated to 'suC- ' ceed ia September is "Katsklll Dutch," to be presented by Richard Herndon. The piece 14 the product ^ of the 47 Workshop at ^larvard, ^ being a' drama set among an old Dutch sect in the Cats'kill Moun- tains. ..i- "Gingham Girl" at Garrick Aug. 25 Kussel & Schwab's Chicago piH)- duetion of the "Gingham GlrV* which had a New York'run at the Earl Carroll and Central, New York houses^ will open at the Garrick, Chicago, Aug. 25. Bertie I'.eaumont and Julia Ralph ^ have been added to the cast. "The Gingham Girl" will break in at Grand Rapids Au^. 23 pi ior to en- } terlng the Garrick. I William Passpart has been denied leave to reargue the appeal of his commission claim ngainst M«itin Beck, which finally ends thit *ult. I'asspari's action again.«t the Or-.j phoum circuit comes up In thefaW*-*- It iA based on the «;ame c^'iu.se /or action: conimlFsions alleged duoifor - booking foreign acts for the Qr- I pheum. , I A monument has been erected t* the nuniory of the ]^iy J.tuk s E. (r.lurh) Cooper in Woodlawn i.*« me* tery. J. Herbert Mack h.nd the mat- | ter in charfee. .,i. ' , • .f