Variety (December 1923)

^9f^k;:^';^lf^^fr^:'i•■ VARIETY VAUDEVILLE BCiV; _-»kV«?r;:-:?=TJ,?i' Thursday, December 6,192S SUNDAY PERFORMANCE BOOKERS ACCUSED OF HOLDING UP ACIS Instead of Paying Turns, Charging Them for Chance "to Show" on Single Day of Week—Many Turns Refuse to Be Held Up A new angle has crept up amoiit; the Sunday concert bookers of the •mall time whereby they are charg- Ing acts from »10 to $25 for a show privilege Instead of paying the act. An act played lost Sunday In a Greater New York house and was compelled to part with 10 Iron men for the chance to get their wares before the booking men. This act carried four people, whom the pro- ducer had to reimburse in addition to the $10 for the booker. The Influx of new acts eager for a showing Is said to have built up a lucrative business for the bookers now taxing the performers for the privilege of playing. A number of acts eager to show have refUFed to be held up in this manner, but others In desperation to get set if they have something worth while, have given up Ingly. will- MINSTRE PERFORMANCE AT AUBURN PRISON KING LEE K&AUS' $1,144 "King" I.*e Kraus forgot his al- legedly regal demeanor and bor- rowed sums aggregating $1.12671 from William Shilling, a vaudeville actor, between Sept. 4, 1920, and Jan. 6, 1921. Shilling admits re- turn of 1143.18. but had to brinai suit to recover the $983.53 balance. tihilUnK wa« »ucce«sful this week, the "Judgment with Interest totaling $1,144.92. Kraus had denied ever borrowing such money. Morris Alfred Vogel. Shillings attorney, Is now trying to locate the vaudeville agent In order to col- lect. Kraus iw sold to have left for Chicago. LOOKED AT KNEE Sealed Verdict In Flo Lewia'i Damage Action BEAUTS DRAW LIGHT Madison Square Gardfn proved about twice large enough for iho 1 rowd drawn by the liberally press- ■;ented Mineralava-Valenlli.o beau- •• contest finals last Wedneda.v night. Valentino in judging eiilisteil the co-operation of a committee of 100 Judges. Norma Nlblock, of Toronto. wa\ picked as the continent's best beau- ty, but the crowd wanted the prizi: to go to Mary Fogarty of Bultc .Mont. Other winners were lieli.i Owen. New York: Mildred Adam Haltimore, and (iloria Wlchlla. Several of the girls have already been picked for Hroadway shows. First Three Days This Week— Good Show Behind Prison Walls Auburn, N'. Y, Dec. S. The rliapel at Anl)urii I'rison was pai'ked .Monday niglii for the semi- annual puliHc entertainment t'ven in the form of a minstrel and vaudeville show. Tuesday and Wednesday the show was repeated under the ans|)i(es of the Mutual Welfare League. The llrat part of the show, under the general direction of Bob Zim- mer of Syracuse, is a minstrel of- fering entitled ".lauzland." Wil- liam T. Sheehan is in fcjlo.ulor. The costumt.^s furnished by Hooker Howell of Haverhill, ,Ma«s., arc made up in the league colors, white and grepn. No production ever staged In ininstreisy l>ehind prisiin walls can boast of posses«4ing more novel fe.iture.s. unsurpassi'd surprises, or maslodonic ensemble of talent, niiislc, frivolity, melody, scenic in- vestiture, dancing, soloi.-t., jazz and syncopated etTusions. wit, laughter .•\nd costume array than the Mutual Welfare Minstre'e as offered last night. The fun makers headed by Hay- numd Vogel and l>anny ti'Connell, both '»f Syracuse. and Roland Brariciiauil of Buffalo, and many others ke^t the amlictue in a con- tinual uproar from-the rise to the fall of th^ cm tain. One of the fialuie.; of Ihe enter- tainment comes as the >efOnil act. entitled 'llDiidini's (July Kival.' when ••Pntfessor M"ail." assistwl by R. r.rodeur, providid a fewjno nenis of mystery In escaping from hand- (^.iff'^. straiti(ickets and *>l!ier de- vic-es. The sleight of haiiil work by rriifi'ssor .Mead w i« out of the oi'djn.iry, and to ei\t(l a yrood hand Kay Vogel as a llaiiper and Jlm- iiiie Siaplet<m as a 'wise guy' pre- scnlid 'Hits and .Miss." featurinj; two potuilar SMiiiis, ".\n!iahelle" .and Oh f.o.-h Kb; (Jolly! Im 'Asealed verdict was ordered yes- terday by Justice Lydon In the New York Supreme Court In the $100,000 damage suit by F^lo I^wis against Comstock A Gest and Her- man Timberg, the latter the pro- ducer of "Tick Tack Toe," In which Miss Lewis was a principal in 1920. The comedienne alleges she sus- tained a fractured knee-cap in th? Princess Theatre, where "Tick Tack Toe" was housed, which has seri- ously handicapped her professional pursuits. The trial started Monday. At Tui sday's session, the attorney for the insurance company of the Prin- cess, whi*h is defending the action, wanted to know Just how serious the injury was, with the result Miss Lewis retired with a specially ap- paintid committee of three to a va- cant Jury roorfl for the purpose of affording the trio a closer and more private examination of the Injured limb. The verdict will not be opened un- til this (Thursday) morning. BERNIE'S BAND PAPER Issuing "Shares and Flats" Paget Fou Ben Bernie's Band has its own paper "Sharps and Flats" dis- tributed by mall. The paper Is a new idea for personal publicity and the exploitation of Bernie's Band as far as kr.own is the first one of its kind to be published by a vaudeville turn. "Sharps and Flats" Is of four pages devoted to news about the Bernic Band but also carryin;, sev- eral departments. A biography of Ben Bernie is prominently displayed on the back page with a picture of Bernie on the front. The editor of the paper la Al Goering, pianist. D'P. Brian flrst rumpet is busi- ness manager and J. K. Si.-son pianist is treasurer. FOUR PARTNERS IN FOREIGN Aa SEITLE SUrr ON IRVINCS MIDGET! Kendler & Goldstein,^ Attorneys, Sue Associates,! Irving Tishmaki and James O'Neal—Lawyers] Receive $9,500 in Cash WRITER'OF 'SOUVENIR' NOW IN VAUDEVILLE Franz Drdia with His Violin at Newark This Week—Famous Composer Little Known MIDGETS MARRYING MinnenpoMs, nee. .'i. Krnjl Kruoher and Margaiette H<hidi;e. appearing with lrvlng'!#lm- perial .Midgets at Pantages this week, idjt.ilnfd a license to marry yesterday, and the creemony is sclirdukd to take place on the stage tonight after the flrst show. Franz Drdla. composer of famous violin music, started his circuit of the Keith time at Proctor's Palace, Newark, N. J., this week. Drdla, a Viennese violinist, is the writer of the world famous "Souvenir" and other compositions. He hiS appear- ed in concert, but this is his first attempt at vaudeville. Drdla. whose works are known to millions of music lovers, ia far down on the bill, with Koscoe Ails and two or three other acts billed ahead of him. Next week he is at the Riv- frslde, New Y'ork. Drdla has never, been a public figure,'ahd although' his "Souvenir" has been played in vaudeville as much as Dvorak's "Humoresque" or Massenet's "Elegie," It Is doubtful if 10 per cfnt of the patrons know the name of the composer. GEO. METER COLLAPSES George W. Meyer, song writer and composer, was stricken Tuesday night in the Fiiars Club with nerv- ous breakdown causing his removal to his home for recuperation. Meyer, a staff writer of Berlin, Inc., and one of America's most pro- lific popular songsmitliR, has beeit a consistent hit .'ong producer. This, coupled with his intensive application to the composition of a revue .score, was responsible for his physical setback. Heller. I 'Oh. Oe lt( Lov(?." KEARNS-DEMPSEY SUIT Jack Keurns, iran.igcr of .Tack Dempscy, has been reported as about to nic suit in Los Angeles ag.iiiisi Alex. Pantages for $300,000. Tin' action resulting from Keariis's financing of the Doraldina, the dancer, a't which Kearns alleges he financed afttr being assured of 'intages' bookings. The act never received a contract with Kearns. refusing to open at Minne.apolis without the prfmiiscd " route. .000 IN 30c TICKETS SOLD; NOT 1,000 SEE SHOW 1ST WEEK ENID MARKEY KEEPS ON The Or|>lieum Circuit ImoKinis •> Knid .M.irkey, pictures, have been extended to include the coast lour. The sketch "Here Ones the Bride' w,(s orlgliially hooked for si-ve.al weeks In the middle wislern Oridieum houses. The extended route starts Dec IT at Winnipeg and lakes the ai^ t" lie coast, Gallagher-Luther Marriage Kd Call.mlnT, nnchalf of llii' .Mr l!,illagher and Mr, Shiaii team, ami Ann Luther, screen actiess. h<ii' married yesiiiday (Weilne.-ilay) ii Crrcnwich, Conn. A small p.nly of the idiiple's ilo e friends acrompanied tli<iTi""To~ TTir I'IckwIck Ariiv!, Inilmling Tul.liis A Keppler, tiallagher and .shi.ui'f. ai torney. Chic Sale and Act rhailes (Chic) Sale, who cl"s< .1 his leglt vi'hli'le. "Common .Si>nse ' In Albany Saturday. Is arranuing to return to vaudeville for r-e\eial weeks unlil a reopi ning dale li.i-' been set for ihc show. Ha>mond .1. S.inii'snii .t tenijr was liearil in two sdIo namlicr.-^, and the fifth act, a coiniily sketch of lioh Zimmer and (ieorge Hush in ".Vonesensical N(tnsense." wiLS one of the outstanding fi-alnri'S of the bill. In this act Zimmer ,ind Bush ap- pear In sinking and ilancing num- bers hinged togc.hcr with a bit of plot. It Is plonsin-'jy ^lone and the voices ate good. Something of the di.i malic, witli striking realism is nffered by H. Bfanchaud as the h'risco Kid and 11. O'Donnell as the ins|iMtiir in the skit called "A fcene I'idin Life." It is good and drew n hi;; hand. The closing number is "Th » I'ash- ion Blate Review " fe.iiniing the .•^on^. "The Oirl Thai .Men Korget " The 14 young ihick.ns In rhe re- view offered sonic v. hiiiwind danc- ing .scenes that di'ew inl Im-ias; k' a ni''.inse. The iheatrh.il etiifl incseiulng the show follows: f?li.airman eiit''f' linn-.f^tit rnnirnit- teo, Peter Zirnplier; d rector of siniw. Rob '/{imnier; li'isincss man- ;it:er, Irving I. 11: own: sci iiery and i*;ir|ienlr.v, ,\lli(rT .\'..e:her; cos- luu'cs, Tony DcLiss: in-npt-rty man, ,lidin OI:ev; in*tttitti nictnre projec- tlMnht. .Nii-k M.inal: li-htin?, ef- fectf. II,irry II S'niih: tailors, A. I''inkl" and A. Axl.r; •;la','i' m.inagor. .lames Ciapilli, .is'lslnl by .John r.inns. .lames Orililn. I'eler Ciinlon, .lake l*arlali», Lewis r.innnilli, Hy- l.ella. HENRY HORTONS ?HOW Henry Ilnitim \ ,inilrvilllan. who i '.iKirig a flyei ..I li-git has com I'letfd the cast wju'li will suppoi'l liini III his revival of "I'.ben llolden. ' opening in I'ittsliejd, ,M,iss,, I»er. L'S, The rosier Intlud's Tine .Iame«. Larry Wood Ito^e Adelle. Francej Flowling and others. Mafonic ^Hospital Benefit Show in Chicago Big Success Financially, but Terrific Flop Artistically —Bill PlAys in Medinah Temple Chicago. Dec, 5. I'roof that a thing worth bavin:; is worth iiaying for was proved this week at .Medinah temple, where nn Indoor vaudeville show Is being given for ilie benefit of the Masonic hospital. By means of a plan In which .1. C. .Matthews Is interested, ticket* lo the show were sold by "Don:i- tion IU)ards." a variation of the punch board. Under the plan, no tlckit cdiild cost over 30 cents, and every puncher got a licK'Ct. More than :!0.ilOO tickets were sold d.illv and the house can stand 15,000 ad- nils ions a day at three shows. The shows was ache<iuled to run a month. The alti nd:ince the first week did rail li.l.il 1 1100, Last Saturd:iy :iftcr- noon there were in the,Temple <inlv ^4 adnlls .arid 02 chiidren. The bill Is maile nii of seven ads. Including .Marie Corelli ,'ind Co.: Art Adair; Three .Madcaps: ORPHEUM CIRCUIT POUCY CHANGING? Expected to Occur in Some Towns When Marcus Heiman Returns t*I Affnow; Matn s f'luf iind •Inn** 111 r> 1 i-x f^n\ HI , .Ti III It i" While .Marimba Hand; Mlltoi Lehman, and the Four Hard-. rndii- Ihe cimtract niaile wiih W r. <'a:ilrMm to provide a sluiw. in- '■Iii(lii!L' orchestra, the M;'srj:is set aside $:).". (100, of which $1!),0(IO was lo pav rent. .Malihiws had nothing to do with Ihc shew t»r<iper. this havim.' been let on the l'i<l system with Canha;n as the su<'r'essfnl bidder, I'p to date atwiut $;'0n,000 ftna h((en hi-ought into the hospital forir' by the donation honr.l«-.'md I i-e:s are still selling, even Iholigh Ihev an- not lining used. Chicago, Dec. 5. Changes of policy ..lay be installed In the Orpheum (vaudeville) houses at St. Paul. DCS Moines, Omaha, SacranienIo and one or two othirs. It is said th.it .Marcus Ileiman will give this his attention upon return- ing to New York next week. He is now in Chicago, The hou,ses mettloned have not been diring busiri'ss up to tli-i aver- age set .'or Ihe circuit. A change of I policy at Winnipeg workeil so well "" tli.it the remedy will be appiled to any Orplieum house not holding iij) at the box offi e. Chicago, Dec, 6. Behind a Federal Court proceed Ing brought here late last week by Julius Kendler and Monroe M. Gold stein. New York theatrical attorneya and investors In show property, against Irving Tlahman, Jamei O'Neal and Alexander Pantages, fol an accounting, receivership and diS' solution of partnership, lies an In. volved deal concerning Irving'! Imperial Midgets which Kendler t Goldstein and Tlahman & O'Neti brought over as a joint venture. Just before trial was .about td bj rea-'hed Friday before Judge Wll kinson. Sum Tlshnian paid thi plaintiffs $9,500 in cash in settle ment of all claims although then aro approximately $3,t)!)0 in out standing debts Tlshnian must nlsr assume In taking over the lawyers' end of the venture. Kendler & Goldstein who were re presented by Daniel M. Decvers. son of the mayor of Chicago, and Barre Hlumenthal, set forth their cauee for action In a lengthy complaint alleging that the partnership wa» :orn.-_l July 20, 1923, whereby they were to Import 20 midgets from Germany; that the complainants In- vested $5,000 and other oxpendU lures; that Tlshman and O'Neal de- fauUed on their share of the joint venture; that Irving Tlshman on OC 1. 1923. collected from Bert Hp.r.lon $142 which the partnership advanced and Tlshman failed to ac- count for; that Tlshman on Nov. 14, 1323. collected $27C frcm Benny Ryan which the partnership ha<l loaned him and no accounting was made, The.se sums re" r to cash loans made to Hanlon and Hyan who accompanied Goh'stein and Tiahman to Kurope in ipiest of tb« midgets. Tlshman & O'Neal are J4<il| charged in the complaint wiih de- ducting two Items of commlssiona from $125 each ..lleged paid on* Sllbert as commission of a contract between the partnership and the- Pjintages circuit. The act Is booked direct at $2,500 net \v >kly with Pan for 20 or more weeks. It is alleged "that said sums so charged were retained by the de- fendant, James O'Neal, unlawfully and without warrant or authority." It also alleged that O'Neal wrong- fully charged $12S a week for two weeks for hit managerial services In violation of the c^ntmct; that Pete Purcell, a stage hand was un- authorlsedly Increased $25 a weeH for five weeks; that Purcell's board- bills were charged to the co-part- nership and that no statements were forthcoming. The furnishing of a $10,000 surety bond to the U. S. Government figm-es in the complaint which Na- than S< der furnished and whom Tishman & O'Neal agreed to indem- nify to the extent of $6,000. Kendler & Ctoldstein to bear the balance. It Is alleged the plaintiffs feared If thai bond was not Indemnified In time as there Is danger through the de- findanta' tardiness, the ml<'.:ets n.ight be deported. The midgets are cstiniati-' as worth upwards of SirrO.OOO as show property. > For all of these reasons an ac- counting, p 'njunctlon to restrain the property leaving Chicago and a receivership of the partnerslilji was a lied, Pantages I'i.giired merely as a lechnlcil eo-defondant. The $ft,GOO settlement does not In- clude any provision for Kendler & Giililstcln's legal .■services rendered for which they will sue. according to the New York attorneys. 1ITA McGOVERN COMMITTEE Hoston. Dec, 5. As the result of otustions reg.ard- ing the n.e.ital res|ion> ildlity of .Mis-: Itlta McOovern of Allston. a toe dancer, who was «naU;ned before Iirdge I.otirie in Municipal Court, on tl.e charge of larceny of merchan- dise from flcprrrtment >trires, she ivas enmmJtte<r to the RHychopathi'- hospital for obsei vutlon. POWKLL HURT IN SLIDE Watertown. N V,. Dec, 5. .lack Powell of tin .lack Pdwell fnTtrr. hrimiTrtng- at thp Otymrlf. mis^a^ged. the f.-rllini,' slide t«V the diunis and hurt him^elf .seriously, nece;-sit.itlng the act's canceling Itici and Montreal, The stage is a peculiar one for trick flops oi th'.t sort and probably had sbmei thing to do with the accHTent. After viirking two days follow- ing Ihe accident, I'm, c:l was force< to lake to ills bed on doctor'/ oiders.