Variety (May 1925)

-iws^.tr Wednesday. May 9, IMS ,«■?■-.* EDITORIAI} VARIETY 21 ^niETY {' Trad* Mark R«sUUr«d WoM aUT«rmM, PrMiaaBt 111 WMt 4«tk BtTMt N*V TAfk atr ■ 9 SUBSCRIPTION: Annul »t t rortigm-••..•'•%* ■insi* CeplM >• C«bU yoL liXXVIII No. 12 Flora Sheffiold, playing opposite Henry B. Warner In "Silence," was atricken ill after the Tuesday nlgbt pertonnance last week and was un- {ible to finish out the final week of the piece at the National, New York. Marion Haslup, who had been play- ins one of the minor roles, went on in the part Wednesday and Thurs- day and in turn was replaced Fri- day and Saturday by Marlon Wat- kins. INSIDE STUFF ON LEGIT June Day, aa English dancer in the fortheomlnir "Browa I>erby.* Is syndlcatlns the story of her love affairs, which attracted plenty of at- tention abroad. She was named as co-respondent in the Duke of West- minster's divorce proceedings, but the most colorful event In Miss Day's career was In Spain. She went to San Sebastian for a two weeks' danc- ingr engagement and remained six months. Five times she appeared by royal command, and the Interest she aroused In King Alfonso was a matter of considerable comment. Paul Nathanson, former motion picture exploitation man, has gone into the theatrical photography line following his discharge from the U. S. Veterans' Hospital in the x;ronx. where he had been for two months for a cure of nerve shock, received during the war. Johnny Singer is handling tlie af- fairs of the Sam Lewis office pend- ing Lewis' recovery from a break- down which hHS confined the Locw agent to his liome for the past two weeks. Jamas Wingfield, Chicago's veteran legitimate booker, has come to New York to look over the present crop of shows and also line up some new fall shows for his Central States theatres. Tha Metro, Brooklyn, wliich is the former Comedy, has added four acts of vaudeville to its picture pro- grams the last half. Sidney Smith, cartoonist and cre- ator of the Andy Gump character comic strips, who has contributed drawi«vs for the screen, lost his wife April 11. Matty Risen has resigned from the Harry Romm office, forming an* agency partnership with Jack Jor- dan, formerly of the Irvirg Yatea office. Tha Walnut, Newark, N. J., has added vaudeville, playing three acts on Saturdays, , booked by Fally Markus. 3966 Chickaring (New York) U the phone address of Gus Edwards office at 227 West 45th street. In an adverf-sement it was misquoted. Wayna Christy, Keith middle western booker, has left for an ^i- spection trip through his territory. George Lukes will handle Christy's book during his absence. "Joe Mendl," the baby chimpan- zee, has been signed for three years by the Kelth-Albee Circuit, The chimp went into the Hippodrome, New York, for a "showing." Haya, Podall A Shulman, law- yers, have moved into offices at 1440 Broadway, a new building wlilch win have several theatrical law firms housed therein by May 1. Tha Kaith-Albaa Sunday concerts at the. Majestic, Brooklyn; Colonial, New York and Columbia, New York, have been discontinued for the sum- mer. Mrs. George C. Tilyou announces liie wedding of her daughter, Eileen Marie, to Richard J. McAllister, i^hlladelphia. to take place May 20. Fraah from a trip around the world, consuming four months of the winter, Ray Ccuistock Is back In New York. -.^ While Ray wa. rway Maury Gest did all of the worrying for the firm of Comstock & Gest. The worry culminated when Maury re- cently lost 16 teetn In one day, ex- trat'ted "oy a skllfui and expensive dentist. John Golden's production of "The S>iuare Shooter" will get under way id Atlantic City, N. J.. May ?3. Ceorse Abbott-n-nd teiht Bennett v.ill he.id Llie cast. The iii'er^ 'Will remain out . l.vo weehi 'Uti a '^jtr^^stttVUii^ 1 T' The award of the Pulitzer prize to Sydney Howard's "They Koew What They Wanted" did not arouse so much dlscuaaioa aa last year's winner, "Hell Bent Fer Heaven," which was not a real success, while "The Show-Off," which split the prize committee last year, Is still play- ing on Broadway. The logical selection for this season's award is "What Price, Glory?" according to the consensus of opinion among newspaper people. That "Glory's" authors. Maxwell Anderson and Laurence Stalllngs, are on the staff of "The World," published by the Pulitzers. prol>ably shut them out of the competition. It's a tough break, but they are young yet. Howard, In an Interview published in Sunday's "World," Is credited with saying he thought "Glory' the best play of the year. " Another company of "The Gorilla"' is to be formed and sent to Chicago late this month. That was decided on Immediately after the new thriller at the Selwyn opened last week. It will be spotted In one of the Shu- berts' Loop houses. Donald Gallaher, the new actor-producer, who Is presenting "The Gorilla," Is temporarily off the stage. He says he has not retired, but does not intend playing parts unsulted to him. Gallaher has incorporated himself, with Eddie Plohn the general manager Fannie Brice as one of the backers of the Bert and Betty Wheeler show, "The Brown Derby," may, if necessary, when the "Music Box Revue" closes, join the show at the Wilbur, Boston, where it is to open In a couple of weeks. Mike Connelly put one over on the Lambs' Club during its recent Gambol. The Lanil)3 took an absolute stand against any women taking part in the show, but Mike did the trick. He slipped little Mary Mona- han Into the Robert Hilliard sketch, .so. after all, the vaunted traditions were broken down, although the Lambs themselves didn't know It. Cornelius Vanderbilt, Jr., coatemplates another tabloid dally at ^t. Louis. Vanderbilt has three at present—in Los Angeles, San Francisco and Miami. It is also reported he may put a new daily in the fiel(V at Havana, to cover Cuba, when the new administration goes Into office there shortly with the new President's term four years. Macfadden'-s 'Sunday Graphic" (Xew York) held to it.s aJvertising card for the first Sunday Issue (May 3). It made a good showing, sell- ing at 6 cents. The edition had 72 pages. Including some of its former Saturday special features. The theatrical section carried about 2,300 lines of theatre business at 50 cents a line. One million, three hundred thousand dollars is the high for advertis- ing in any one Issue of the "Saturday Evening Post." That may take In the high for a single issue of any publication. A million-dollar weekly number is not uncommon with "The Post." Its record edition was but recently when "The Post" had 240 pages. Something uncommon about "The Post," and .said to have been fath- ered by an order of the late Joseph Pulitzer of "The 'V'orld" (Xew York), is that "The Post" on office announcements lops off about 250.000 of its circulation, although Its A. B. C. statement, of course. Is accurate and also any statistical information given. With about 2,760,000 weekly cir- culation at present, "The Post" believes it advisable to call It 2,500,000 leaving the margin of 250,000 for any drop off. Mr. Pulitzer, when once approached during war times and Informed by his circulation manager "The World" that day had circulated over 900,000, the top for any daily up to then, refused the circulation man- ager's request to "spread It all over the front page." "What can we do or say when we drop back?" said Mr. Pulitzer. At the present time news-stands sale throughout the country of all periodicals, all classes and description. Is at the lowest ebb reached dur- ing the past 20 years. No sufficient explanation. Radio Is charged against it to some extent, much as In other days, when the sales suf- fered it was alleged certain,weeklies and monthlies had been affected by the moving picture habit. There may be something to the radio claim that people listen In nightly Instead of reading, but the phonographs did not Injure periodicals. The radio season Is not entirely plausible. The fact remains, however. THEATRICAL LAWYERS—AND OTHERS Theatrical Broadway or Times square In New York, after all, is but a limited area. Within a length of a half mile and .a breadth of half that are centered all of the woes, the plans, the heartaches and ambi- tions of thousands of show people. In a business that Is chiefly com- mercial with little pretext at "art." dollars and sense are wisely trans- lated to paper in the form ot written contracts. Agreements and contracts are the tangible tub.sunoe of almost every theatrical negotiation ranging from a chorus girl's hire to a deal 'iwixt producer and "angel," who makes possible the choriater'.s employment. Bacjiusa of show business' peculiar trade practices and customs. Times square has become the hub of activity by a certain percentage of special- ists in theatrical law. There Is plenty of room for such theatrical attorneys, because they are exceedingly necessary. There ia no room, however, for the shyster and the gyp lawyer. It ia unfortunate that this, type of barrister usually meets up with a poor client whose penurity Is sometimes only matched by his or her stupidity. This client figures that only the small lawyer will listen to reason In taking a case on contingency where the recognized firms wouldn't. In closing Its New York .season Saturday, the "Music Box Revue" will have played'a shorter engagement here than In the past. It is the first edition of the series that has turned an actual profit during the Broad- way run. The othet productions of the "Music Box Revue" were more costly, and It *as not until the middle of.the road season the produc- tion outlay was recovered. It is reported" the current "Box" show Is $50,000 to the good. The season at the Mu.slc Box would have extended through June but for cast withdrawals. Grace Moore, Claire Luce and the Brox Sisters arc sailing for Europe at the end of the week. Fannie Brlce also de- clared herself ready for a holiday. Last week the show grossed $21,000. It Is understood the Music Box will liave a new musical ahortly. According to reports, the "Evening Express,'" the oldest paper In Los Angele.s. will change ownership some time during May. It is said that F. W. Kellogg, who has held a 50 per cent Interest in the paper, is disposing of it to a local banker, and that Guy Earl and E. A. Dickson will also turn over their holdings. The banker who will take over the proposition, it is said, will make the paper an employes stock company, with Dickson probably at the head of the organization. "The Express" has been a con.servative paper, and It Is said that the policy will not be changed through the sale. ... . -.., Galin,a Ko/ernak is .said t) i>e the most likely suc,cessor of Vivlenne Osborne in the title role o.' ' Aloma of the South Seas" at the Lyric, New York, when the latter leave'j^Monday to rep'ace I,eonore I'lric in "The Harem." Several actresses are known to be under consideration, but Miss KopernaU, consideiel when the piece was cast, seems most apt to get it. In 'The Dove," Vne of Bclasco's current productions, the oM buslnesa of the imaginary horse race scene, with its dialogue, "At the quarter, there they go. at the hi!", down the stretch rah!"' Is used by William Norris. When the piece was produced many along Broadway com- mented upon the age of Uie device and the excellent manner in which Nor- ris got away with If. It now develops that this bit of d:.-\log v.is firs', used by Dion nourica.iU. the cider, in "LonJon Assurance,' a ,.'.y writ- ten and produce-I before the Civil \Nor. t X weli-kro.vii revie and op«^retia tenor, one of the i>o.>.* with a HAi-Ji'y o^e:- $i.'.".>0 »>e . v.'.^s r.«'.i(;. >y h.jr-tiied by a nunia;i a: one ol tiic City's exc.iiiive du'.'S, t^'.-.;. i ».• even: « T:if ttnoi- '.o->\ OAf b'.-; (s'si'.-?r This is not so. Aside from sentimental reasons, lawyers, no matter . their rank or importance, have accepted some of the biggest theatrical litigations on such arrangements. Onl.v recently, a big play plagiarism victory was won by a large theatrical law firm which represented its client on a contingency basis. The danger in the shyster lawyer's case Is that the client Is generally sacrificed for the sake of Immediate cash. He will accept a case, regardless of its merits, and seek to settle as quickly aa possible in order to lealize his cash percentage as expeditiously as possible. There is a two-fold evil from this lawyer.. Having a worthy cause for action, instances are not unknown where the client's interest were sacrificed through a double-dealing settlement. The client Is talked out of hhi claim, led to believe he Is fortunate to get the little he received, and the ' lawyer gets Wis both ways. A revue author having a just claim against the manager-star for ■ royalties on :in oral agreement, settled for a little o%'er $1,000 when the* claim justified many, many times that amount. The answer Is that the show Is still running and weekly royalties would still be forthcoming. There is that obnoxious pest among the legal fraternity who is the leech of the show business. He Is akin to the out and out "shake artist," • But^unlike the "shakes," sometimes to be grudgingly admired for their' nerve and ingenuity, the leech ferrets out the remotest causes for actiona. He mingles in clubs and theatrical restaurants for this Information. He' approaches the alleged claimant and agrees to handle the matter on a: contingency. His system Is to draw up a summons, a trivial thing la Itself, and force a cheap settlement. The little his client receives out oC; such an arrangement Is generally more than ever anticipated. For the lawyer, it's an excuse to bring suit and force a settlement. The evil Ilea- in that the defendant is generally willing to settle for the few dollara .r.ather than enlist responsible and costly counsel to defend. It cornea- down to a matnter of saving dollars and cents In a situation like this, and the gyp has that most In his favor. i . ■ ., .... . f. .... .. ■• ■-'^ Apropos of this, one defendant ix making It an Issue of principle In a< currently pending litigation. He could settle for $100, and it will cost him five times that to best the shyster lawyer, but the defense and vie-' tory will be worth it. Besides, the defending attorney also has some other data concerning this particular law.ver which might interest the Bar Association. To distinguish the litigation by stating it concerns actors or. managers or agents or music publishers or song wrltera would be telling too much. of a well-known actress), to tlie dance, but during the course of the evening asked another woman for a dance. His partner for the eve- ^ ning biffed him in the face and fioored him. Then she ran for the^ stairs and he went in pursuit. But she got him on the stairs and sent' him sprawling down. Finally, however, the tenor braced himself and reached the top of the ' stairs, where she was waiting with another crack. But once at the lop^' he drew her into another room. •' ' ' '■ '^"l — -:•% A newspaper shake-up In Chicago has to.ssed a bombshell Into the col- ored sections of the country, who buy and read the Chicago "Defender," ■ considered the leader of all Negro newspapers, Robert S. Abbott, who controls the "Defender," has let out his main staff, consisting of Phllj A. Jones, general manager; Roscoe Simmons, styled the colored Arthur Brisbane of Chicago; Alfred Anderson, editorial writer, and J. Delos Bell, auditor. Jones has been with Abbott since a newftlMy, and his r'se to managerial prominence has been meteoric. Enmity and professional jealousy, which ha.« always existed between the Brooklyn "Standard Union" and the Brooklyn "Times," took tangible shape, when the "Times" moved to its new five-story building at S32-S40 Atlantic avenue. ' The "Times" reached the highest net paid ckculation la the borough at the time of mdvlng, and Inserted two-column ads in .all th9 Manhat- tan and Brooklyn newspapers. The "Standard Union," d^wever, whicn carries a flash on the editorial page to the effect that It has the largest circulation in Brooklyn, refused to accept the ad. It based its refusal on a technicality; to wit, that the figure. 82,74$ published In the "Times." had not yet been checked by the Audit Bureau of C'ir.'u!a».'on, which bureau makes an annual audit of the newspapers In its membership. The "Times,"" a member of the A. B. C, claims the figure to be accurate. The circulation of the "Standard Union" has l>een reported on the wane for some time. It is now publishing the dally average circulation for the year ending March 31, J924. Hence nothing appeared on the day of the "Times""' moving, which was also Its anniversary, In the "Union." save a three-line story announcing the bare fa:t thai the "TimeR" had moved to its new building. In contrast to this, the 'Eagle publl.shed a coigratulalory editorial and sent a bouquet of roses The "Citizen" also published a congratula- tory editorial. The Brooklyn "Times" has forsftj its way from an insignificant com- munity paper in WIlliamsburBli to its present status as a Brooklyn pa- per, with the largest circulation. Tlie circulation of tho "Times" has, during the list month, jua-.ped on an average of a thousaad a week. y The Xew York "nullelin " now claims to have interested new money and also has now inan,T;;enieiit, Bettina Whyte, who took It over after I'redericU W. lOnwright Mew, liavinq; resigned. The paper is carrying theatrical advertising daily an<l is also running a dramatic page, but It IS not billing the theatres with the .ndvertislng under agreement. It is working on a scheme to put the rite back Into force, and wlU attempt to re-cstabll'h that end of the business within a month. Fred Mclsa.ic. who Was its dramatic editor, has -ilso left. i The 'Bulletin" actually only ml.ssed one iliy'^ |.ublicatlon, but on that, d-iy a record copy was set up and fihd with the postal authorities to ^i>- , lert lis wectTd cliiss pi ivile'.;es. The puier i.ar les no news aeryic*. ,