Variety (November 1923)

I: VARIETY VAUDEVILLE !S1 Thursday. November 1,192» SHUBERFS BILL OF COMPLAINT IN $10,050,000 UW ACTION Shubert Vaudeville Suing Big Time Vaudeville— Federal Court Action Under Sherman Act— Triple Damages Asked Fo'.loivlnR the jmblication ;aNt Saturday in the 'Timcfi Squaic Dally" of the acUon under the fe"her- jniin Art brought by Shubert Ad- vaiiccii Vaudeville, Inc., I.'^o Shu- bert, president, aga.'ns- the big time vaui'eville interests that take In the Keith and Orphcum Circuits, the New York dailies published a story Sunday but were unable to si;curc • ropy of the complaint. Shubert Vaudeville had failed to file the complaint but .roinised to and did (lie it Monday. The liiU of Comi)l:tlnt li a lenKthy ■vo'jime, p:-intetl and with pages numbered. It starts at I ai\<l gocB to B7, all type. \Vho and what nuiKc up l>i>? time vaudeville, ita requisites and its oper.ilioii. are set I'ortli in detail with very little said rbout Shuhcrt Advanced VaudeviUo or Shubert TTnit Vaudeville, other than neither was aucdessful through the alleged (laim that the big time, as repre- .eiited by the defendants, conspircS \') ruin both. .Shubert Advanced Vaudeville iMayed n part of the «eason of '21- 12 and Shubert TJnlt Vauiieville idayed ti i>art of ili'] season of 22-'23. The action is brought in the TJ. .>^. District Court for the Southern iJlstrlet of New York. The detend- .uits have 20 days in whieh to an- swer from the date of service. Ono of the paragraphs allegl.ig eunspir.aey roads In p.art as followe: "That the said defendant B. V. Keith Vaudeville Kxcbantje, to- 1,'Cther with the defendant, Orpheum I'lreuit, Inc., are. In fact, and are generally known us 'Iho vaudeville '. riirf and the master mind thereof i?i known as E. F. Albee. It ex- erelpts and wields a tremendous l)owcr and Influence In the vaude- ville burliness, flr^^l. by virtue of Its ■ ■wnersiilp of a :iirg;c number Of ;li' atres." Another parasrap'i tiJftler, thai in February, 1921, the defendants •wrongfully and maliciously and with intent to harni tlic complainant ill its business . , . and with a view of so stiflins conipelitiull as t) prevent the complainant tiom do- iiji^ any business v.'liatsocvcr . . . iind fur the piirpcJe o£ drivjn;? (h-^ ■ iiinplainant from bufiineKs. eon- iMkr.itcd and cor. plrcd together wrongfully and maliciously to re- f!.Min, restrict and iiupprcss com- 11. lillon in the presentation and ex- iiibi'iun (jf vaudcvilk' in the United St.'ites of America. . . ." Bniith and Dale .ire mentioned aihl the lilstory ot that case recited, mIs.i Moian«ind Mack and Gallagher uiiil Hhean. .\n<ither rariiRrnjih states that ncis were obliged to advertlto In Vaii'ly with Slui'.icrt Vaudeville lici.i up to ridieiilo in the'ndvertlse- mcnls and "on information ant', be- lief iM«ny of the tidverlisements of mich prrtorniers were written by or tbriu^h the inslrnmentality of the defendniits, Albee or Murdock, or by their employcH and representa- tive.", and that the advertisements weic paid for by tho defendants aii'i a.'trr such advertl.»cnicnts weve rn iiL-icrted in tlie n< w.spMper as be- for.' mentioned, said v.iudeville pcr- foi tii> r.-i H'rc inuaedi.Tiiily given em- jile; inent or eoiUraeis for employ- in' iit by tlic dcfci.ii mt.s." •|'l:e .'.3d p,ir;it'v;i| li "t ll^^ I'oni- • plaint st.it's that .Sliubert Vaude- ville has been (i;.ina;;ed to the nni'.unt of $:.'.non tiOn and In ad'H- tior. to $109,000, <>w:i!'r to the uii- I.-iwful acts with re.-rieel Id the pe.- formcrs who were taken nwiy by Iho defendants and ?2£.(i,00il by re.i- f-on of thft advertLsements inserted in '.'.iriely, and "the .i.lditlonul Fum of Jl.000.000 by reason of lof^s in rentals o{ tli'.' tlieat.'es. ' Tiio llnal p.ir.igr.Tph /inures the total as $3,350,009 an.l ^.ays liie jjrro.f.s Judgment (J.manded in t!io Kiiit :.SheiJiian A.-t) 1.; $10,Oj(l,OOrt. It is signed by U'ililam Klein ami ."ivvorii to by Lee .Slnilieil, who .•ia\:i bo Is tho president of the Shiibeit Advanced Vaudevilie. l,".c. Tiie complaint v^-n s.'.irn (o O.-t. 20.* 'ii'.e ileff n(l.'ilit.« in tb'ir '.'■■r.r'rs order are Exehange, Edward K Frederick B. F. Keith \aiidevilla Orpheum Circuit, Inc., Albee, John J. Murdock, F. Proctor, Henry Wal- ters, Maurice Goodman, Kdwin I..audrr, Mark Heiman, Morris Mcyerfleld, Jr., Harry Jord in, Prank Vincent, Mort Singer. JUDGE KNEW BUBLITZ That Co(t Actor Two Years Abandoning Wifa for Milwaukee. Wis., Oct. 31. li ving Uublitz, an actor, was sen- tenced to two years in the house of correction recently on a charge of wife abandonment after detec- tives had brought him back from New Y'ork. Bublitz, apparently eonlident that Judge A. C. Backus would place him on probation, smiled as he faced tho court. He lost his air of con- fidence, however, an the Judge rec- ognized him and said: "Aren't you the man who Is a son-in-law of my charwoman and has been borrowing most of her wages?" "Yes," replied Bublitz. "And aren't you the man wIkj tried to get me to endorse a $400 note for you?" the Judge continued. "Yes," Bublitz answered. "Two years for yon," fmi.vhe.i the Judge. SAM OU VRIES FINED Adverlisina Solicitor Caught Boot- legging Again in Chieage Chicago, Nov. 1. Charged with having liquor on his person, Sam IJu Vrles, alias Sam Deamer, advertising solicitor, was fined tlOO by Judge Holmes in the night court. When taken Into custody he gave tho name of Ucamer, but on being arraigned before Judge Weaver, Du Vries admitted his identity. He was no stranger In tho night court, having been previously fined for bootlegging there. Judge Weaver looked up from the complaint before him as Du Vries was brought to the bar and remarked. "Here again?" FASHION SHOW KOV. 12 The annual Fashion Show will be given at the B. S. Moss Franklin, Now York, the week of Nov. 12. The Idea was Instituted last year, and will be repeated this year with con- siderable elaboration. Manager James Fortherlngh.om has arranged for a tie-up with local merchants to supply tbe costumes. The same plan will be put Into op- eration later at the other Moss houses. CARMTJ.T.A'S PASTNEK Carmella I'onselle, sister of Hosa Ponselle, operatic star, and Herbert Spencer, song writer, are a new combination. Miss Ponselle was formerly a vaudeville singer, -^ni has appeared on the concert plat- form. Spencer played MJ* Keith time for many years with his wife and collaborator, Fleta Jan Brown. 6TGI IN SKETCH Ota Gygl, who formerly appeared with his w''.. Maryon Vadle, is dut to open soon on the Keith time In "Singed Wings." The sketch was formerly called "As Ye Sow." Cygl will have a chance for some of hH violin playing, ipiss Vadle opened recently in a dancing production act. ROOMING HOUSES AND WEEK-END DATES a * . J New Profit Stunt for Mixed Two Acts—In Chi., of Course UY-OFF "KRITIK" Back Stager Explaining Ney« Verl 31, Chicago, Oct. II. With Saturday and Sunday dates botnc easier obtainable than other days, a score of actors In this com- munity who for years tried to exist on the financial returhs from thece two days of labor each week have devised a different scheme of liv- ing routine which has proved more profitable. This scheme makea every day of the week a prontabJe one and enables the performers to work t;j the theatres Saturday and Sunday. It had been tried out by several mixed teams who declare that the returns they get now are equal to those the average stand- ard net secures by working 30 weeks or more on toOr. The teams which have the new wrinkle have been taking over rooming houses. The women look- ing after the house with the mar dong the Janitor work and odd Jobs about the building. At the same time the man finds sufllcicnt spare time to get down town to visit the booking offlces and so arrange for tho week end dates. Fronf Monday to Friday the rooming house ac- cepts new guests, but on the tlteAtrc days nbnc are received. The reason for this being that If a roomer is accepted on these days the rent falls due on them and the landlords arc too busy on those days to stay at home and await the appearance of the tenant to pay them. One couple operating a rooming house of 12 rooms along these lines cla'm that they get $350 a month profit from the house and average from $40 to $S0 for their Sunday work each week. At the same time they argue that they have their own home In town and do not have to place themselves at the mercy of the bookers who handle most of the one and two-day stands here. yur New York City, Oet Editor Variety: As my aaslghnment four esstlmable sheet calls four me to g}v vent two my rittin procliviteea ' thrue the meddlum of heraldin to yur 1,000,000's of redders a revue of the back-stage vuepoint of witch ■ I am Journallsims pleanear—this ' portpoleo was made possibll on acct the firms and me havin ontra two that fourbldden reegon of the world of make belcaf (back stage) on acct the mra and me beln pupplts of that- gentrec—purvayers of laffs two the ' great american publick—but as ther Is a Ironclad irrevokabU rule witch bars visitors or anyone other than ^ actlvlee Ingaged playerfolk from bac: of the curtln line it n(U!b«r^ly follows that I am automatioalley shut off from the eorce of Informa- shlon upon witch Is bassed the neW- cullous of the collum 1 hav h«n coo- ducktin under the pen name of "yur back stage kritik." . ■ So my leglcn of redders wlir hav two bear with me untill such time as the mrs and me ozibit hour wares four the eddiefacashlon of the patrons of amerlcas fourmoat form of Intertalnment—os unjill then fourbldden azcess two the rear of amerlcas templlls of amusement. Trustin my armee of redders will be Indutgcrt until! I can again ez- plor the back stage without havln a mgr. o K. my canl and In view of ther Indulgance I promiss tw<i pry Intwo manee a Item of Intimate skandal onco I am ncaln granted the prlvaledge of glvln the girl acts and slngel women of vaudeville a theerough goln over. Untill such time f rrgretfully siBhn myself Yur lay-off "Back Stage Kritik ' WAr^TER C. PERCIV.<L. (of Noel and Perclval) ■m THE To A\Y]nrTLC f^\ WORLD'S BOY—WEE GEORGIE WOOD—REPEATS HiS BRITISH AUSTRALIAN TRIUMPHS IN THE UNITED STATES AND CANADA AND "BUFFALO EVENING TIMES"— 'lie is there with the soods and well verged in .all the comedy dolilBB." "TORONTO GLOBE"— llm v.as the sensatli)nal triumph of tho season." "MONTREAL DAILY STAR" (S. Morgan Powell)—'You laughed with him all tbe time you laugh at the ''lYi'Ct.H blM art i>rodi«-< >, hi. I \,iu enjoy evriy mninenf In? Is on the stage or before Iho curtain, because lie m.-tlics every moment ev. ti ni.^inents of absolute sil'-nee and immobility tell." "SYRACUSE EVENING TELEGRAM" (Chester B. Bahn)—"I ran only recall two others possessing .-» simi- lar art -one. Sir llariy l.ii'idir; the other, ("harles hijienccrChaplin." "CLEVELAND TIMES"— lV(,'i.«fered 11 KoliO hit. He is an artist to his finder tipF." "PITTSBURGH PpESS'- Th- ofTerlnn; In Itseif i.s worth tho pri«^ of 8.Iini«i-ion." "BALTIMORE AMERICAN"— Hi ifling In on a wave of populailty 1 i!,'ht Into the beat in-o.' <ver\on<'. niid Is tlieie to rem.ilii." iSI;.'i •t).«' bv n.'rt T,evy> IN AND OUT OP "FOLLIES" Lew Hearn leaves the Ziegfeld "Follies" at the Amsterdam this week. Hearn was on around 11 p. m., and allottod but four or five minutes in the show. Bert and Betty WJieeler were scheduled to return \o the 'Follies" last night (Wednesday) or today, Hert Wheeler's injured arm having healed sufficiently to perniii liim to get back In harness again. JAKE LUBIN BACK SATURDAY Jake Lubln will return to New York Saturday from French Lick Springs, where he has been vaca- tioning for the past two weeks. His associates in the IvOew olBce have fixed up a welcome home party for him and decorated his olIle.\ f WHO IS POUY ANN? There seems to bo eonsid.-iable comment buzzing around the iden- fj tity of Charles Olcott's new partner, ••■ Polly Ann. , J Archie Bell, dramatic eriti'' <iC the ? Cleveland "News" gave her luadline honors In his recent review of Keith's Polace bill at Cleveland and heralds her a coming star. Vaudeville records reveal no I'ully Ann td our knowledge, hence Ik r hit seems to have all vaudeville won- dering who she really is. Archie Bell's review follows: By ARCHIE BKHL Itv B. F. Keith's, Palace Bill !] There's a very distinct nnd iiovil • ' "dlscovej-y" visible aiid audihlo on B. F. Keith's Palace bill this week. I cannot tell you nnyUiing very deilnite about her. not oven her name, unless she elects to be known simply as "Polly Ann," which the program now calls her. Not a very dignified ai>rellation for a little artist who Is going to enjoy tho career that seems juKt ahead for her. Cl^arles Olcott, who inlrodurea her, calls her "Polly Ann." And then, instead of being Just tho support that partners usually are to actors and actresses idenfifled with vaude- ville, the young lady immediately scores n hit that would be quite satisfyinc to one with n f.-xi: greater reputation. At liisl thought, she I." .•ilinost un- ■ caiinily like Irene Krankiin iu M.Ice, vof«l tlellvery of songs ninl in ll ltU maiinerisms, which you l.it"-i' 'lis- cover are quite distlnetly her own. I'ersoiuillty — she has it to spare. And she has youth and ebaini, in fair to look upon, la vivacious, arch and HO generally impressive \\illi hcv little Kioup iif character si.ugs that you naturally look back at your pre- Kiam to see It you baveii't ini^laKen the n«me, after till, to make .'•ure that she is really soniebo.ly i'.. «'. Obstrve this younjf l.nly «•'"• She's about the snappiest littb' dis- covery th.at has dawned upo'i »"* stage in this town for some 1,11..'hs. I \r>vrnrisr\n:\ I ■