Variety (January 1924)

J"J3tT*fi:fl ' 1» i»i • » r«»-™ .»■«.• »^*' VARIETY LEGITIMATE Thursday, January 31,1924 ARBITRATION HNAUY ON "SOME BABY" RIGHTS 15-Year-Old Piece With Sev- eral Ownerships to Have Rights at Last Placed A controversy over the «xact ownership of the rights to "Som'- Baby," which has figured in sev- eral court litigations, is Anally to be threshed out in arliitratlon. Three mombera of the Producing Man- acrera' Association and three mem- bers of the American Dramatists' Society will form the arbitration board and the litigants have de- cided t» accept its decision as flnaL "Some Baby," originally titled "The XUlzlr of Youth," has had a more or leas hectic career from the be- Kinnlng. It was written IS years afo by Zellah Covington and Jules Slmonson and first produced in Lios Angeles by Oliver Morosca Later John Cort acquired the piece. Cort produced It in Chicago with Franli Bacon as the featured player. After aeveral weeks Bacon asked to l>« released on the ground that the role was unsuited to him. The piece reverted to the au- thors and they later made an ar- rangement with the Henry B. Har- ris Estate which gave It a metro- politan production at the Fulton, New York, where it ran for 16 weeks. <. When Mrs. Harris decided to go no further it again reverted to the authors, who placed It with Art Rosen. The latter's contract stipu- lated the piece must be given 40 consecutive performances or else the play would revert back to the authors. Rosen took it on the road, but, according to the authors, did not live up to the terms of the contract. Leslie Morosco, brother of Oliver, who had acted as a broker for Cov- ington and Slmonson, bought out the latter's Interest In the piece and released It for stock through Sanger & Jordan. Rosen is alleged to have represented himself to the play brokers as half owner of the piece and is charged with having collected royalties amounting to over 13,000. Morosco and Coving- ton subsequently brought a civil suit . against Rosen and were awarde''' judgment. With the controversy dragging along Sanger & Jordan refused to pay any one any royalty until the tangle had unravelled Itself. Moros- co and Covingrton were awarded a judgment against the play brokers also. The main purpose ot the arbitra- tion Is to establish as to, whether or not Rosen broke his contract, as alleged by Covington and Morosco, or whether he is still entitled to a share of Its profits. The play was recently taken over by the Century Play Company and la at present in stock. The arbitration is scheduled for next week, although the arbitrators have not as yet been designated. COURTLEIGH'S BID Expected to Propose Taking "Last Warning"'on Tour Stockholders Interested In "The "lAst Warning" are e.iJd to have blocked proposal of Mindiin & Qoid- reypr, managers of the piece, to dis- pose Of the rights and effects of the single company on tour to a Cleve- land burlesque man for £2,000. 7he piece has been playing to poor business for the past six weeks and was on the verge of closing last week when the offer came from the prospective buyer. Mindiin & Goid- ryer believed it a better proposition to accept the offer than to stand the transportation of the company and production effects back to New York In the case of a closing. It Is understood some of the stockholders agreed to the plan, the majority did not. The latter have called a di- rectors' meeting for January 31 In New York. It Is said that the stockholders were not averse to selling the pro- duction but wanted much more than the price offered. Another angle had it that-William Courtielgh would attend the meeting and offer a proposition to the stock- holders to take the show oft theh: hands. Courtieigh's ide.t would be to recast it with the original com- pany and take It on tour under his own management. MOROSCO'S EQUITY BOND SELWYNS' TRIO OP PLAYS The Selwyns have a new quartet of attractions aimed for Broadway, and that group v-lll probably com- plete their production program for this season. Not yet announced is a play by Eugene O'Neil called "Weld- ed," It will feature Doris Keane and Jacob Ben-An.i. The others are Mrs. Lieslie Carter, in "Stella Dallas"; Jane Cowl, In Icnce." The latter piece Is by Max "Antony and Cleopatra" and "Sl- Marcin, and Is set for rehearsals soon. Miss Cowl is due on Broadway at the cnu of the month, and "Stella Dallas" may arrive from the road about tfae same time. Argument Over Holding Company's P. M. A. Membership Oliver Morosco has organised his "Myrtle" company under the Inde- pendent manager's contract owing to a controversy between the producer and the Morosco Holding Company. The company's claim the member- ship in the Producing Manager's As- sociation belongs to the corporation and not to Morosco. The company says it is one of the assets of the company. Morosco has put the matter up to the P. M. A to decide. Meanwhile, taking no chances with a mixed cast In case the decision should t>e de- cided against him, his cast Is 100 per cent Ekiuity. The unsual bond exacted by Equity from independents will have to be posted pending the decision. "BAT" AT 75c Road Company Stops off at McKin- ley Square, Bronx A road company of "The Bat" is playing at 76c top this week In the McKlnley Square. Bronx, formerly a stock house. The engagoment is for the week only though may be continued if business warrants. "SALLY'S" RECEIPTS STOLEN Kansas City, Jan. 30. Bandits don't trouble to hold up their victims In this city. They find less risliv is attached to kidnap- ping them. \Thls week they got Ray WhittakeV manager, and Rowe Brainard, treas\jrer, of the Shubert, as they were leaving the theatre, and also $3,000 At the point o^NQins the theatre men were forced to\entera_ closed car, in which they wefeTriven out Into the country. Arriving at a lonely building, they were bound hand and foot and deserted. The money stolen was the Sun- day sales for "Sally," but the rob- bers did not get the Saturday re- ceipts, as they had been deposited. Every theatre Jn this city now has be robbed with tho exception of the Orpheum. Chamberlain Brown "Pinds" No. 8 VALERIE VALAIRE Who In Montreal, Toronto and other cities has been proclaimed the greatest "find" of the year In Eugene Walter's "Thieves In Clover" with Tom Moore. Miss Valaire was discovered by Mr. Brown in stock and has since played In New York the lead in "It Is The Law"; "The Humming Bird"; "Connie Goes Hopie," and was the first to follow Ina Claire in David Belasco's "The Gold Diggers," In Baltimore. ROBBERS KIDNAP Take $3,000 Awmy of "Sally's" Re- ceipts in K. C. Kansas City, Jan. 30. Ray Whittaker. manager, and Rowe Brainard, treasurer of the Shubert, were kidnapped and robbed of about 33,000 Sunday night by bandits who took them into a closed car and drove them several miles from the theatre. They were taken to a building un- der construction, there bound hand and foot and their money taken from them. The money represented sales fo. "Sally." The theatre men re- leased themselves and gave the alarm shortly afterward. Saturday's receipts had been de-^ posited and the robbers missed out on them. Each night after the per- formance, it Is customary for Mr. Brainard to place his cash in the safe of the Kansas City Athletic Club, and on his way to the club, a block from the theatre, is accom- panied by a policeman. Sunday night, the policeman didn't show up, and as he and the manager emerged from the house, they were met with revolvers and terse commands. It Is believed that they planned to rob the treasurer two weeks ago during the run of the "Music Box Revue," but laid oft because of the cop. The robbery of the Shubert leaves the Orpheum as the only house in town ttat hasn't been taken. ' COMBININO "FOLLIES" Chas. Cochrane, the English pro- ducer. Is negotiating with Jones and Oreen to take the last two "Green- wich Village Follies" shows, con- •olldate them with the best of each, and send the combined show over to London. , . Cochrane'* plan la to take, cast principals only over, and the E<?en- , ery and costumes. The choristers would be supplied Ih London. "CHAINS" GOING OUT William A. Brady's production of "Chains" recently closed at the Flayhouse, New York, has been re- organized and will begin Its road tour at the Majestic, Brooklyn, next JOHN BARRYMORE ABROAD John Barrymore will sail for England Saturday. His season In "Hamlet" closed Saturday in Cleve- land. Continuing under the direction of Arthur Hopkins, the Barrymore "Hamlet" will reopen In London about May 15. The s.ime company will support the star. ANDREW TOOHBES' ACCIDENT Chicago. Jan. 30. Andrew Toombes, about four weeks ago, attended a party given by Jimmie Hussey at the Congress hotel. During the merrymaking Toombes slipped and cut his right elbow on a piece of glass. There was a slight cut and no attention was paid to it. About a week later his arm began to swell and Toombes consulted a physician, who ordered him to St. Anne's hospital. There an operation was performed, and he began to re- cuperate. Last week Toombes was to have returned to work, but his arm began swelling and another incision was necessitated. It U exected that he will be able to leave the hospital within the next ten days. CRITICAL DIGESt Opinions of, the metropolitan critics on the new legitimate pro- ductions. Published weekly in Variety as a guide to the reliability of the critical Judgment on plays expressed by the reviewers on tli« dailies. The opinion will be repeated.when ■ play closes on Broadway After a long or short run with the critics to be boxscored at inter> vals, rated by percentage on their Judgment as recorded. Fedora The general opinion on this pre- sentation was that Mme, Tilla Du- ricux had wasted her efforts upon an Inconsequential play, and It would be unfair to judge her per- sonal performance. The "World" (Broun) regarded the situation in the light of "an empty play giving the star no chance," while the "Sun" (Rath- bun) termed It "spurious and pre- posterous." The Way Things Happen A majority donated abundant space to praising Katherlne Cor- nell, who seems to have been ad- judged superior to her vehicle. The "World" (Broun), "Tribune" (Hammond), and "News" (Mantle) were those who thought well of tht piece, while the "Times" (Corbio) "Herald" (Woollcott), "American" (Dale), and "Sun" (Rathbun) took an adverse view. The Goose Hangs High The first line men practically "went" intact for this premier with "American" (Dale) calling it "An American play par excellence" and the "News" (Mantle) proffering "fine purpose and honest crafts- manship." The "World" (Broun) bellevel the play could not sustain its first act pace, while the "Times" (Cor- bin) was temperate with "amiabl* and Intei'esting." Variety (Lait) declared the p^^ "should run a year." LITTLE THEATRES The January '24 graduating class of the Schenectady (N. Y.) High School presented "A Kiss for Cin- derella" in the high school audi- torium Saturday and Monday. Helen G. Barber played Cinderella, and Aaron H. Fetnstetn the policeman. Others who had Important epeaking roles were Leonard Lief. Arthur I. Tottcn, Max Mindcl. Rachel F. Howe, Gomcr Richards, George H. Herman. Henry L. Sobinski, Cnrmel C. Zlrfalo. Mildred A. Lewis, Vivien C. Berger. Dorothy Golleb, Alice Thelman, Louis Konleczny and Claude B. DIsbrow. Mr. Konleczny played the role of "Danny" Satur- day niglit, and Mr. Disbrow Mon- day night. Anna C. Applebaum, Vivien- M. Becker. Mary I. Knapp and Bertha L. Andrews were seen as children; Margaret Mullarkey, Louis Delello and Grace L. Shu- maker as pages; Alice Thalman. Gertrude Conway. Katherlne Hughes, Doris Stevens, Jane Carl- eon, Frances Skinner, Thomas Mas- soth, Robert Stone, William Ren- wick, Lawrence TIbbets, Rose Lindl- blom and Max Mindel, as dancers: Laura Fowler. Gretta Chellson, Helen Fay, Henrlette Francois, Ruth Hecox, Ruth Fllcklnger, Ermen- garde Frederlcksen and Mildred Lofayqulst as "beauties." The play was produced under the direction of Florence Esselstyne. teacher of elocution In the school. Music was furnished by the school orchestra, under the direction of George J. Abbott. The technical staff Included How- ard Smith, business manager; John W. C. Bassett, stage manager; Howard Smith, assistant stage man- ager; Clement Henshaw, electrician; Arthur R. Frechette, master of properties; Helen P. Frechette, ae- si»tant master of properties; Esther Koch, prompter; Ross C. LIndblom, property man, and Elbert Gallup, assistant property man. EANNELLE" FOR MATINEES Hauptmann's "Hannelle" will be given at special matinees at the Cort Feb. 16 and 19. Eva Le Galllenne Is rehearsing with John D. Williams holding the American rights. Several of the "Swan" company will appear in the afternoon presen- tations. JOHN CORT'S "KALUA" "Kalua," a three-act comedy ilrama by Reginald Qo^de.ils to be proiduced soon by John Cort. The direction will be by Armand Robey. EDDINOER IN COAST STOCK San Francisco, Jon. 30. Wallace Eddlnger Is to follow Pauline Lord In "Anna Christie" at the Alcazar, according to announce- ment by Thomas Wilkes. Eddlnger will present "(Captain Applejack" and later play leads In the same house with Margaret Ijiiwranoc. who Is booked for a season. Rehearsals are In progreea by the Kansas CHy Theatre for the pro- duction of "Icebound," Feb. 14-18. The officers and promoters will watch with Interest how this play Is received, for the last production, "The Torch-Bearers" proved the best patronized play for two seasons, which might Indicate the patrons like the lighter plays best. San Francisco's art col< ny is to have a new theatre located In the Telegraph Hill section and to be known as the Telegraph Hill Play- ers. The little playhouse will be lo- cated in the Courtyard Studios and rehearsals are now under way for the first five productions t^ be made during the season. THREE MORE GO •The Gift" ExiU Speedily—"Neigho bors" and "New Poor" Others Two withdrawals at the end ot the week and one suddenly closing last Saturday constitute another trio lost to Broadway's list. All three are failures, the quickest, "The Gift," which opened Tues- day of last week. That show had been floundering around In the try out territory waiting for a chance to enter New York. Its brief en- gagement was localed at the Green- wich Village theatre, which Is get- ting the reputation of shooting 'em out almost as fast as they arrive. "THE GIFT" ' A brief stav for 'ms one al- though the newspaper opinions were diversified, outside of the "Times" and "American" (Dale) of which the latter proclaimed of the piece, "seems to get no- where." Variety (Lait) about called it when saying, "hasn't a chance." "NEIGHBORS" "Herald" (Walcott), "World" (Broun), and "American" (Dale) were the dailies to pick this as a bad boy. Others inclined to streii the good points of the play and pass up its weaknesses. Variety (Ibee) said: "'Neigh- bors' is the second flop for Equity since 'ZenoX" "Neighbors." Equity Player^ second try this season and the second flop treks to the storehouse from the 48th Street, after the usual subscription period of sis weeks. Around the New Year's period the attraction is said to have reached 36,000 gross. Since then it has been steadily dropping and but for the cut rate agencies might have expired sooner. At one per- formance the house Is reported having sold less than 20 tIckeU regularly, the balance of the audi- ence being bargain ticket people According to the reported pace last week's probably did not exceed $2,000. A low operating plan, with the cast said to total about 1900, may have kept the losses down. ROBT. 7. COHN DROPS DEAD Springfield, 111.. Jan. 30. Robert J. Cohn, manager of the "Blossom Time" company, dropped dead Tuesday on the Wabash train en route to Quincy. He apparently was In good healtl during his stay here over Sunday and Monday. The body was shipped to Carthage, III., awaiting word from relatlveo. The Boston Italian Dramatic com- pany attracted a capacity house to the Colonial, Lawrence.-M^ss., Sun- day night, when they pre8e"nted the drama, in three acts, "Lo Nemica or La Cassaporte degil Scandali," by Rario Nlccodemi. Attempts will be made to obtain the company for a return engagement. •Three Live Ghosts" was presented by the Montclalr Players in the Poughkecpsle (N. Y.) High School Friday and Saturday, under the aus- pices of the Community Theatre of Poughkeepsie. Instead of giving a fui: length play of its own the or- ganization had the Montclalr Play- ers as a visiting attraction. "The New Poor" leaves after a month's try at the Playhouse. The play drew fairly good notices, but business failed to climb to a profit* able point The first two weeks were quoted at between $6,000 and 37,000, while last week's takings were under the $6,000 mark. "THE NEW POOR" The first string reviewers were divided on this Jan. 7 premier al- though the cast was generally praised with chief honors ex- tended to Lyn Harding. All com- mented upon the twist finish. Variety (Abel) termed the show's chances as "negative." H. R. Robinson, business man agef for "The MaSsqliefa^Kers'' of the Naval Academy, annouhcea four performances of "Adam and Eva," a three-act comedy by Bol- ton and MIddleton, will be given by the cadets at the academy Feb,^ 21-23. A Baltimore branch of the Cath- olic Drama Guild was established at a recent meeting tttcnded bl representatives of 30 parish dra- matic clubs throughout the city. ORCHESTRA NEWS riv» r>rf« of Band und OrohestrS Houttk in "THK CMPPBR" W««kl/ OUT TOMOKROW