Variety (February 1924)

10 VARIETY LEGITIMATE Thursday, February 7, 1924 LAWRENCE GRANT, EQUITY MEMBER, OBLIGED TO MAKE REPLY IN VARIETY Says Impossible to Answer Article Published About His Case in Equity's Official Organ, in That Organ—Alleges Equity Council Pre-Judged and Prejudiced His Complaint Against George M. Cohan, Contrary to Ethics and Objects of Pro- tective Associations Actor's Equity Association, Hollywood, Cal., Jan. 23. Editor Variety: — In the current Issue of "Equity" there Is an article which purports to reply to your recent editorial and my letter on the subject of my dif- ference with Geo. M. Cohan. It being Impossible, I regret to •ay, to get a reply to this official pronouncement In our own official paper, I have again to ask your hospitality. In the first place the "explana- tion" of the council's attitude de- liberately conceals the more Im- portant half of the facts of the case. The officials of Equity are per- fectly cognizant of certain most un- usual circumstances surrounding the case which jmpletely alter the aspect of the whole contract, and the council is in possession ot Affidavits made at the time, and upon which those members of coun- cil who were in Chicago when this trouble "urred and were well able, therefore, to form an opinion, held exactly opposite opinions to those expressed officially In "Equity." This feeling at that time was so strongly held against Mr. Cohan and his actions that the possibility was discussed of making it a case to concern all Equity, not merely the protection of one member; and our recording secretary, Mr. Grant Stewart, was one of those who felt most strongly on the subject But now, they, the governing body AMATEURS IN EQUITY DISPLEASE THE PROS One Group Reported Deter- mined to Place Condition Before Council of my own organization, existing for my protection, notwithstanding their complete knowledge of the facts and affidavits above referred to, have gone on record as being on the side of the manager and against me, and as believing that I have a case "that cannot be won," and that the manager was "within his rights! !'• By so doing they have not only failed to help me, hut have done their best to handicap me In the individual fight which their actions have forced me into, and have violated one of the strongest of the unwritten laws of all decent Journ- alism, by which comment of a final nature on any case pending or In trial Is withheld until a legal de- cision has been obtained, so 'hat no case shall be prejudged before or during trial. In other words the council having first refused to arrange arbitration, proceeded to arbitrate all alone, and pronoun 'e judgment! They had a perfect right to pub- lish a reply to Variety and to me; they could have said that in their opinion the added clause put me outside their help. i Their decision would then have been only a matter of their being right or wrong. But to go farther and to prejudge and prejudice my case is a gross misuse of their functions and contrary to all the ethics and objects of all such pro- tective associations. • LAWRENCE GRANT. Within the ranks of Equity an old Issue has brought objections from one group. It objects to the admission of amateurs and unskilled layers into a profeeslon already over-crowded and allowing them to fill casts to the exclusion of more experienced players. The dissatisfied members assert their organization ia constantly building up an opposition against its professional members througn the reception of the novices. The officials of Equity claim they need the initiation fees and dues of all the new members they can get. The Insurgents are going to make a solid front at the next meeting of the council, it is said. They have decided to demand the condition be remedied. AUTHORESS SETTLED "MYRTIE'S" SUCCESSOR Morocco Readying Another Piece to Take Place of This Production Oliver Morocco's production of "Myrtle" not having gotten over at the 62nd Street theatre with the expected bang has prompted the producer to rush another piece into rehearsal and hold "Myrtle" on the boards at the Intimate playhouse until the new show Is ready. The new piece Is "Across the Way," reputed as a prize play by Richard Purdy. Under another title, "Crossed Wires," it won the $1,000 prize in a recent Chautauqua contest and has already been done over that circuit. Leslie Morosco, brother of Oliver, originally tied up the piece, which he intended to pro- duce on his own, but later had a change of heart and turned it over to his brother. "Myrtle" will be cut-rated until the other piece is ready to succeed it in three weeks. DISPOSING OF POWERS Henry J. in New York—Sherman Hotel Wants HILDA MOORE MARRIED An interesting wedding occurred in the marriage bureau at the Muni- cipal building Jan. 31 and was kept secret all of five days. The prin- cipals were Austin Falrman, appear- ing In the cast of "The Lady" at the Empire and Hilda Moore an English actress, not playing at present. Miss Moore is well known in Lon- don. It Is said > rrle had her in mind when he wrote "Dear Brutus" and she played opposite William Gillette here when tl.at attraction was on the road. Miss Moore's Lon- don appearance* included "Captain Applejohn" (called "Captain Apple- Jack" here). She is the sister of Lady Mary Moore, -lfe of Sir Charles Windham. Chicago, Feb. (. Harry J. Powers left here Tues- day for New York, where he will discuss with A. L. Erlanger the dis- posal of the lease on the Powers theatre to the Sherman House management, which wants to erect a 20-story annex. The theatre has a three-year ground lease which Powers expects to dispose of at the end of the present season. The matter of securing another theatre here to replace both the Powers and Colonial, which the Masons take over May 1, will also be gone into more thoroughly. $25,000 FALL Another aftermath of the col- lapse of part of the celling at the 63d Street theatre. Dec. 29. while a performance of "White Cargo" waa in progress, Is* the filing of a $25,000 damage suit by Mary Mona- han against the 63d Street Theatres, Limited, Inc. Tho plaintiff claims her injuries entitle her to such relief. BOX OFFICE THIEF INDICTED Glens Falls. N. Y., Feb. 6. Clifford Davlgnon, indicted by the Warren County Grand Jury on a charge of grand larceny In stealing tickets from the Empire here, was arraigned before Supreme Court Justice Edward M. Angell in court at Lake George last Friday. He pleaded not guilty. At the time of his arrest in November it was charged that whenever a good road attraction played the house, cer- tain people in town who were "in touch with the right party" had been able to buy seats at one-half of the box office price. An investigation resulted in the arrest of Davlgnon, who formerly worked at the theatre. It was claimed that he stole the tickets from the box office and then sold them at cut rates. Adele S. Hemming* Pays "Out of Past" Players Stopped in Rehearsal Adele S. Hemmlngs has discovered the path of the novice producer is far more turbulent than that of an author. Miss Hemmlngs will here- after stick to writing plays Instead of trying to be her own producer as well. Miss Hemmlngs wrote the comedy- drama "Out of the Past" which closed in rehearsal several weeks ago following a disagreement be- tween the author and her leading woman, Florence Henderson. The latter had Interested the financial backing for the play and when she walked out the money followed h .t. The company had been rehearsing three weeks. All players had con- tracts. Miss Hemming assured them the piece would be done even If she had to finance it herself, but evi- dently suffered a change of heart this week when making a settlement with Raymond J. Riley, attorney for the players, covering claims for two weeks' salary as per terms of con- tract. CHARLES PURCELL THE MUSICAL COMEDY STAR Keith's Palace, New York, This Week (Feb. t The popular favorite 6f recent Broadway successes. Indelibly in- scribed in theatrical annals in his creation of the role of "Dick" and his rendition of "Sweetheart" in "May- time." Direction LEWIS A GORDON 2 "LOVE SCANDAL" SUITS Trevor Sued for Commission—Stage Hands After Salary MUTUAL IN TORONTO FOSTERING BALCONY SALE Managers have been watching tht. experiment of fostering the sale of balcony seats by direct suggestion to theatre patrons which appears to have successfully worked out for ■Meet the Wife" at the Klaw. The management ran IS line ads, separate from the regular attrac- tion insertion in the dallies, calling attention to the fact that balcony tickets could be purchased only at the box office. The result was an increase of about $1,000 last week in the upper floor. Will Re-open Picadilly Theatre if Negotiations Are Successful Toronto, Feb. 6. The Mutual Burlesque Association is negotiating for the Piccadilly theatre here. The Piccadilly, formerly the Strand, was taken over by the Allen interests last fall for. the exhibition of British films. This venture was not a success and the house closed a few weeks ago. The theatre Is on lower Yonge street in the heart of the business district. The Columbia wheel house here 2s the Empire. MacDONOUGH IN SANITARIUM Being cared for by members of the American Society of Composers, Authors and Publishers, Glen Mac- Donough, the librettist, is a patient in a sanitarium at Stamford, Conn He Is reported a hopeless victim of paresis and is without financial means, except what are being pro- vided by the society and several of his collaborators of former days. MacDonough has been In the sani- tarium for several months. Friends say he had brooded over the possi- bilities of a mental collapse for many years. Norman Trevor in "The Goose Hangs Hifrh" is being sued by Mur- ray Phillips, legit agent, because of alleged failure to i .y commissions. The case came up last week in the Fourth Municipal Court before Judge Lanier. Phillips claims he was instru- mental in securlnr an engagement for Trevor with C.lvert, Inc., pro- ducers of "A Love Scandal'' wnich closed in Washington, Dec. 31. Trevor was • ith the show fjr nine weeks at the Ambassador, New York, under what is said to have been a $750 weekly salary. Phil- lips as: j commission amounting to about $500. Judge Lanier reserved Judgment although he allowed the session to run a half hour overtime and stated It was . most interesting case. Trevor and Phillips were on the stand. The I. A. T. S. E (Stage Hands' International) has a claim pending against Calvert, Inc., fo» a week's wages for each of the stage crew of "A Love Scandal" when it ter- minated at the Shubert-Garrick in the Capital. The salaries of the cast were also reported unpaid for the final week but Equity received no complaint in the matter because of ' .e com- pany working on a co-operative basis. Efforts of the stage hands to col- lect thus far have been ansuc- cessful. Following tne show's clos- ing the scenery was left in Wash- ington. Morris Rose, Sam Rose and Louts Cohen, all interested in the insur- ance business, were supposed to be the principals of the Calvert, Inc., concern. "PELL MELL" REVOKED BANKRUPTCY PETITION RE MOROSCO DISMISSED U. S. Judge Winslow Refuses Application of the Petitioners Peck & Kolb Loses Franchise in Mutual The Mutual Burlesque Associa- tion has revoked the Peck & Kolb franchise on which the "Pell Mell" show was operated. O The fact of Peck & Kolb operating a Columbia show and some dis- agreement over KJ>lb putting on a stock show in Newark are said to have figured in the franchise revo- cation by the Mutual, In dismissing the involuntary pe- tition in bankruptcy filed against the Morosco Holding Co., Inc., Judge Francis A. Winslow, in the U. S. District Court of New York, this week, opined in conclusion of an 11-page opinion: "The Court is sat- isfied by the entire record that the management by the equity receiver is serving a beneflclent purpose and that a bankruptcy receiver, even if the facts warranted—which they do not—would be most unfortunate for the best interests of all concerned. The motion to dismiss the petition herein will be granted." Last Nov. 13 three alleged credit- ors of the Morosco Holding Co., Inc. (one of whom Is Edward Margo- lies, the theatre builder) instituted involuntary bankruptcy proceedings, setting forth that in an equity suit begun by Robert L. Hatch on July 23. 1923, the Morosco company had declared itself insolvent. Relative to this, Judge Winslow brands as a "palpably false state- ment that the corporation had ad- mitted its insolvency at the time of the appointment of the receiver," but that, contrarlly. Hatch alleged the corporation was solvent. The Morosco company merely acqui- esced to the appointment of a friendly receiver to conserve the corporation's assets. John Martin Richie is now such receiver in the equity proceeding, which is merely a civil suit and does not imply fn- solvency in this case. It is rarely that a corporation against which an involuntary bank- ruptcy petition is filed undertakes to deny its Insolvency, much less prove it, as In this case, and have the petition dismissed. Another vic- tory is Judge Wlnslow's decision not even to afford the creditors the op- portunity of amending their pe- tition. For this reason the opinion Is extraordinary. Excerpts thereof speak for them- selves: "This petition is a mere drag-net of a character that has repeatedly been condemned by this Court when contested, although suf- ficient to sustain an adjudication If admitted by default." "A Court of Bankruptcy is also a Court of Equity, and a motion to dismiss in good faith vitally affecting the mer- its will certainly be entertained by the Court, particularly when made with diligence. It Is apparent to the Court that the bankruptcy pro- ceeding, begun when the equity re- ceiver has with ability conducted for six months the business of the corporation, would not only be high- ly Injurious to the creditors, stock- holders and other persons in inter- est, but Instead of advancing would probably defeat the beneflclent pur- poses of the bankruptcy act itself." Margolies had a $124,000 claim for loss of profits, etc., in failing to erect a theatre for the corporation as contracted. Lydia Corning is as- signee of a nominal claim for ar- chitectural work rendered, and Abraham Bernstein, the third peti- tioning creditor, is assignee of My- ron Sulzberger, the former Morosco attorney, on a $125 claim. Relative to this. Judge Winslow cites that Sulzberger's original claim of $19,- 400 was reduced to $2,000 and then ordered to a special master for ref- I erence, with the attorney defaulting; and not appearing at the hearings. HARTMAN DID NOT DELAY Myrtle Hartman. who has ap- peared In the chorus of a number of Shubert musicals, believes in quick action. Last Friday morning an Interlocutory decree of divorce freeing her from Arthu" Hartman, musician, became final. In the afternoon she motored to Greenwich, Conn., where she mar- ried Sydney Carlos, an Insurance agent, ot Stamford. NO stTT.TT.Tt THEATRE SALE Reports the Henry Miller The- atre has been offered for sale have been current for some time. In- quiry at the Miller office resulted in the statement the actor-man- ager has no Intention of disposing of his house. The theatre is built on ground leased by Miller for a long term of years. It Is the ground that has been the object of realty specula- tion and title has passed several times within the last year or two. RADIO MUST PAY "The Clipper" carries atorles weekly on this Important matter to all of the allow business. "Clipper," Out Tomorrow, 10c CORT'S $5,600 JUDGMENT Julius Thalhelm has obtained a judgment on a $5,000 note In his suit against John Cort and Harry L. Cort. The judgment with costs totals $5,604.87 was filed on Tuesday in the New York supreme court. Thalhelm is assignee of Philip W. Haberman of stock In the Earth Realty Co., which then controlled the park, new the Cosmopolitan at Columbus circle, which Cort was anxious to purchase. He gave hit note for $5,00 in exchange, Featured in "Shame Woman" Florence Rlttenhouee and Minnie Dupree have been elevated to fea- tured honors in "The Shame Wo- man," now In its fifth month at the Comedy. The management states the show Is "in" for at least five weeks more with an indefinite run at this or another Shubert house certain, but denies a report Lee Shubert is ang- ling to take it over. I <