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T^T'"^■■"'"^.■'**r«*tTI»!W<'. •Sl'KT^ ■" Tburt^y. Januwy *>>•>* LEGITIMJ^TE '!« ,aklivil VARIETT 11 fBfE $5 TOP BKAY AHRAaiONS; llRAOT REACHED $50,000 LAST WEEK Odier Four Are Miuicals, All Drawing Heavy Groates—54 Legit Shows on List Thi« Week— "Goote Hangs High" Picked as Newest Winner The mill-win'*'' period of the g«aion flnds Broadway with a total o( S4 attracllona. That la a higher totjj than usual. The Urt con- llttently has been above 62 since tfee late (all. and It may explain the dlfflcuity of several productions In flUlIng to secure at least an even break, though rated good enter- talnmenta. New York now haa the unusual record ot bavins live attractlnus With a scale of $6.60 top, and the entire quintet is groasing young fertunes weelcly. Those heavy pro- duction guns are to be named as a cwse for «lli)plnB or mediocre going la other quart»>r». The most recent high scale at- traction is "The Miracle," at the Century. The highest are disiiosed of flrst at the big house on Central tuk west, which la claiming turna- way trade for most of the evening performances. The second week round the rouiil a bit over (SO.OUO. That constitutes a new high-water mark for liroadway, grand opera •nly excepted. Other )5 shows are "Kid Boots," bettering $32.000: "Stepping Stones." at IS4.000 and more; "Follies,'' above $40,000 (capacity larger than the otbors except the Century), and "Music Box Revue." over $28,000. Among the newer attractions faring badly are "Gypsy Jlm,- which did n^t beat $4,000 for its second week. The piece, however, li drawing commendation and may tajce a turn upward. "The Merry Wives of Gotham," first named Tanshastlcs," haa not l>een abla to C«t going at the Miller, the second wek being about $7,000, and the also being liked. "Mr. Pitt's" start is weak, the first week's tak- ings being not beyond $4,000. "The Living Ma«k" drew strong comment favoring the leading play- er, who was ill after the premiere, and the show gave but four per- formances for takings less than $6,000 at the large capacity 44th Street. The musical entrants of last week shaded the new non-musicals. "Lollipop," at the Knickerbocker, looks the best with $16,000 its first week and a healthy Incre.iee Indi- cated this week. "Sweet Little Devil" started around $13,000 at the Aster. The musical list looks some- what top-heavy, and some of the elder shows of that class may have been somewhat affected, several dropping about $1,000 last week. "Chariot's Revue" bettered at the Time« Square, going to $18,000. Two New Plays "Jhe Way Things Happen." at the Lyceum Monday, will likely provoke a deal of critical comment. .Much was expected, but the critics divided and several classed the play as old-fashioned. Over in Phila- delphia the same show created quite a furore. Tuesday night "The Goose Hangs High" slipped into the Uijou and was .icclaimed a sure thing. It is the first production attempt by the Ur.im.itlsts' Guild. The week's other premiere^ are "Moonlight" at the Longacre and "Rust," a sudden listing fur the Greenwihch Village theatre. The Moscow Art theatre also presented a new play, "Uncle 'Vanya," drapes h«lng used by the Russians for the first time. Their second week's (Continued on page 2$) PINKERTON'S WILL KMire Estate Qeea ta Children and Relativea Cblcaio. Jan. $•. Judge Henry Homer in tha Pro- bate Court admitted th« wUI ot the lau wniiain Allan Pinkerton to pro- bate after it was proved la open court this week. Many of the Ute "Bye's" theatri- ital friends were disappointed when it became known that all ot the be- quests made by him were to mem- bers of his family, with the ezcep- tton of a few smail l>e(iuaata to mln- Istera and one to aa institution. These friends had anticipated that Pinkerton would leave them some ef hi* clierlshnd belongings upon his •emtM. The will was executed Oct. 12, 1»07, with a codicil added July 17, MW. The codicil revolted a gift to St. Lukes Hospital, Chicago, of $1,000, for the purpose of establish- ing a Margaret Axhlejr Pinkerton bed In memory of hi* late wife. In its Stead, the codicil provided that W.OOO was to be given the Home for Convalescent Children at Prince Crossing, III., for the eatabllahlng ot a bed In memory of the deceased. Joseph O. Watklns. his son-ln- l«w, and Mrs. Margaret Allan Pull- hi«n, his daughter, were named as executors without bond. To his nephew, Allan Pinkerton, he left his interest and good-will In U>« Pinkerton National l>etective Agency and the Pinkerton Protec- tive Police. This interest is to be held by Allan as long aa he lives ftnd Ukes an active part in the man- agement of the concern. It also provides that Allan Pinkerton has this, interest as long aa he pays 40 per cent, of the one-halt share of the deceased In the business to Mrs. Isabelle J. "Watklns and Mra. Mar- garet AlUn Pullman, daughters of the deceased, in case of the death W the nephew, the share he re- ceived Is to revert to Mrs. 'Watklns M!d Mrs. Pullman. For kindness extended by the Rev, V,^ '^'- Thomas, of Chicago, $1,000 wa., lefi to him. To the Rev. *ather Thomas F. Dctaney, of» St. r^.L' ^''"'"ch. Bayou Gould, La., $1,000 was left, aa was the same jmount to Rev. Father Maurice J. Downey, of Chicago. .The re.«l,i„e „f ,h« nstate Is willed K| the two duugl^ters. FRISCO'S TIVOLI RETURNED May Qo to OoHloib A Marka, Re- placing Columbia San Francisco, Jan. SO. After being'dark tor many months, the TiTOli ia to reopen for musical attracUona and possibly road shows. The first booUng ia to be the Ukrainian Choir, under direction of Max Rabinoft. WilUam H. ("ttoo") Leahy is operating the housei The theatre was turned back on Leahy's bands by the West Coaat Theatrec, Inc., after it had pur- chased ths theatrical Interests of Turner A Dahnken. The last-named Arm operated the Tivoli for a num- ber of years as s flrst-run picture theatre. There Is a rumor the Tlvoll may be later taken over by Oottlelb & Marks, who now have the Columbia, booking Erlanger attractions. Gott- leib A Marks have lost the lease of the Colimibia and will have to give up the house to Louise Lurie within a year. Lurle has disposed of his lease to Thomas Wilkes. The rtanor states that the Colum- bia management has effected an ar- rangement with Leahy to take over the Tivoli aa soon as their tenure of the Columbia expires. "onraHAM oibl" for run Philadelphia, Jan. 30. "The Gingham Girl" (Feb. 18) will move from the Lyric to the Chestnut Street opera house, play- ing the latter at $1.S0 top. The Shuberts and the show man- agement are anxious to keep the Chestnut Stjeet open. They think the show may run the remainder of the season at that scale. WISE'S PROF. MATINEE Chicago, Jan. 30. Tom Wi.se will give a proffssional performance Friday afternoon ot "The Old Soak." The locf»l run will be cut short In a few weeks as the star and man- ager, Arthur Hopkins, want the the comedy to tour the coast. Leading Players and Their 'Tcnqieranient" Following the numerous complaints of leading players exhibiting periodic spells of "temperament" which culmi- nated recently when a Broad- way attraction ("The Road Together") was ordered oft on account of that alleged rea- son. Equity leaders are talk- ing about disciplining members who transgress In that fashion. One ot Equity's leaders stated shortly after the clos- ing that violation of profes- sional ethics should be dealt with summarily. He added that . such action could only be expected if Ek|uity were made a closed shop. Equity leaders appear to agree with the managers tliat Incidents like the closing of a show on account of the con- dition of a player or the. ring- ing down of the curtain, which has occurred several times recently througha an ac- tor's condition Is a discredit to the profession. That such occurrences reflect on Equity Is the further view. The handling of players to be classed as normally tem- perament is, however, regarded as no easy task. The ques- tion of proof of ethical trans- gressions is an angle spoken of. Showmen believe atate- ments signed or otherwise verified by other players or theatre employes arc sufH- cient to establish the fact. No suggestion has been forthcoming from Equity re- garding recovery of losses to- the producer and loss of en- gagement to the supporting players and a civil suit for damages is apparently the only recourse. Frequently, when complaints have been made to Equity, the answer tias been the fallacious claim that "the memt>er is not in good standing" and nothing could be done. Equity is now using that as an argument for closed shop. WHITESIDE TRYING PLAY "By Law's D«er««»" Written by Denver Newspaper Man Denver. Jan. $0. Lute Johnson, Deover newspaper man and playwright, is the author of a new play, "By Law's Decree, which will t>e produced by Walker Whitside and given Its premiere at Kansas City late in February, ac- cording to informatloB given out here by Johnson. Rehearsals a>e to begin In New York immediately. 'Whltefllde will bring the play to the Broadway week of March 17. The title is merely tentative. The story Is one of the early days in Western mining camps. Johnson was for years Interested In min- ing, having made a fortune In min- ing Investments. He took up play- writing on the side several years ago and has had one piece pro- duced by stock in Denver, entitled, "Coming Home." It was given by the players of the Elltch's Gardens' company three years ago. MARELTN MILLER MAT SIGN It was reported Marilyn Miller was under contract to Philip Good- man. This has been dented. Tuesday, Mr. L. Malevinsky of the law Arm ot O'Brien. Malevinsky and Driscoll. representing Miss Miller, denied she had affixed her signature to a contract with any producer. It is admitted negotiations are un- der way at the present time, and that It is quite possible the contract for Mi.ss .Miller to star will be closed his week. Ur. Malevinsky refused to give the name of the manager. TRYING "TOP HOLE' The Shuberts are thinking of try- ing the "Top Hole" show written by a couple of college Ijoy.s. It's all ot golf and hrtd on.- brief ' all on ipg. Young Fairbanks on Speaking Stage Chicago, Jan. SO. Douglas Fairbanks, Jr., wUI make his debut on the speaking stage In the Olenn Huntnr role In "Merton of the Movie*." which will be pro- duced on the Pafltlc ooasl by J^ W. KllioU. • ■ ROXY LaROCCA WIZARD OF THE HARP in "THE BASHFUL ONE" BIG COMEDY HIT BILLY JACKSON, Chieago MARTY FORKINS, New York EQUmr^S 'NEIGHBORS" FALLS TO LOWEST Closes Saturday—Less Than 20 Tickets Sold at Box Office for One Performance 'Neighbors," a play by I.<eon Cunningham offered by Equity Players as its second venture of the season at the 48th Street Theatre, will be taken ulT Saturday. The piece Is in Us sixth week and will be succeeded Feb. 7 by "The New Englanders." While Ekiuity Players held the at- traction tor the regulation subscrip- tion period, "Neighbors" counts as one of the weakest productions yet attempted by Equity. Business has been away off, the takings for the paet two weeks or so probably be- ing the lowest on tife entire Broad- way list. It haa been in cut rates almost from the start. Recently it was reported the number of tickets sold at the box office for one per- formance was less than 20. cheap tickets sold ii. the cut rates ac- counting for the balance of the audl- •ence. ' GEST'SURPRISED'IN CHL BUTLOVESTHERUSSIANS His $7,000 • Weekly - Profit- Troupe Troops to Depot to Meet Boss NET AD SAVING Merger of "Mall" With "Telegram" —Still Out of "Journal" A meeting of the Producing Mnn- agers' Association waa hekl Monday to take up recent newspaper changes and rate Increases. The showmen were particularly Interested in learning If the merging of the "Eve- ning Mall" and the "Telegram," which became effective yesterday, would cause a material difference in rates. J. P. Muller, the theatrical ad- vertising e](pert, wa« Invited to be present for the purpose of acquaint- ing the meeting of the "Mall-Tele- gram" atatua The managers were informed that the combination ot the daHlee would mean an Increase of five cents a line, the rate going from 7S cents to 80 centa. The queatlon of advartisiiig in the "Evening Journal" was reported upon by a committee after Muiler left the meeting. There was no change In the attitude of the mana- gers not to accede to the publica- tion's 10-lIne minimum rule. Only two managers have Ignored the P. M. A. resolution and are running dally advs In the "Journal." Theatrical rates for three "World" publications will advance five cents a line starting Feb. 1. The morn- ing, evening and Sunday "World" are the some, charging SS cents per line, the Increase placing the rate at to cents a line. With one daily less In the field tho managers count a slight saving rea'ordl^es of the several slight In- ' creases. "Ths Mall" had a 7S-cent rate tor theatricals and while the rates for the new combination paper and the "World" publications absorb 20 cents of that saving, the mana- gers sflll have "SS cents a line to play with." Chicago, Jan. 30. The "Chauve Sourls" bunch got up early yesterday morning to meet their Incoming boss on the 20th Century. It was so early Morris Oest's plea of a "big surprise" was a flop on the inside. All were there, from Balleff him- self to the press agents and song- book boy. The latter Isn't afraid anymore Oeat wfll ask him to split since someone told the kid the l>oss had borrowed $SOO,000 and doesn't have to pay It back. The youngster remarked that was a miracle, and he doesn't know yet why they asked him where he got wise. The Russians were In native cos- tume, which Oest recognised Imme- diately, asking who had ordered them denned. The collection of natives and foreigners paraded to the Garrick without ths chiropodists noting any Increase In business on the day. In fropt of the theatre Oest and Balleff, each maneuvering for the lead, got into an argument. Gest wanted to buy the Garrick for Balleff, but the Russian funny fellow Insisted upon the Metropolitan, New York, or nothing. Morris threatened to take tha Lake Shore home yesterday after- noon when Balleff relented, aaylng he would accept the Apollo here. Gest answered that waa fair enough and compromised with 100 Russian cigarettes. After Morris liad made a speerh to the company, principally saying the net last week had been but $C,990, and demanding to know who had copped the other $10, a photog- rapher planted Gest amidst some women and snapped a picture. An evening "paper printed the picture with Gest and the aame women, above a caption reading, "Sooth- ing An Impresario's Nerves." It's the first time, said Gest, he had been accused of t>elng an Im- presario since buying a bottle of wine In Berlin for a German acro- bat. Gest Informed Chlcagoans through the local news sheets "Th3 Miracle" couldn't be brought to Chicago, as it would require 100 cars, but he In- vited all Chicago to go to New York to Fee It. Balicft advised Gcat In private that hereafter he would refuse to accept his salary unless all of It wa.'' In American money, signed by the President. Gest asked him whd la the President, and Balletf ans- wered "ohe of the Shi>bert»." Balleff promised If he got eonie money he could spend he would hold out the Information on the remain- der of the company. Gest and Balleff are to play a game of pinochle In Jackson park tomorrow to decide It. The city was delighted that Gest had arrived In town—last night the gross for "Chauve Sourls" te'! off $200. SHOW FOR fflNO SING Holbrook Bllnn will put on a show for the Mutual Weltire League at Sing Sing Sunday. Feb. 3. Tha bill win Include May Irwin, George M. Cohaa, Fay Balnter and Lester Lonergan la a scene from "East Is Weaf; IVancea Starr, Marlon Kirby, Laura Hope Crews, Ahna Clayburgh, Oladya Hanson and Holbrook Bllnn in Cohan's sketch "The Farrell Case," the cast of which will have WlieonReynolds, Robert Vaughn, Sidney Toler, Mar- cel Rousseau. Frank McDonald and Axel Olsen. Irvin Cobb nyay b« an added starter with his monolog and stories. DUSE IN FRISCO San Franclsc-o, Jun. 10. .Vtivdamf; Eleanor Duse is coming to .San Franrlsro for four spe<-iiir pTformsni:es, March 4, 10. It and it. She will Appear at the Casino (eased for the engagement. WILKES' "TROUBLE HOUNDS" Ban Francisco, Jan. 10. Mary Duncan, who has been • tr.em4>ar of Wilkes Alcasar stock here, has left for New Torek to be- gin rehearsals in "The Trouble Hounds," which Wilksa i« gettlnf ready for Its easterm premier*. "The Trouble Hounds" was first tHed out ia Wtlk««r Um Ancele*. theatre. Oldnt AMM w eaS rm»*r la Attrrii-K "THEOJPPER" OUT TOMORROW—10c Only papfr la the world •sleif i*- vi>'.ii 10 fttttdoar amuaMMMk.