Variety (December 1925)

Wednesday, December 2, 1925 VARIETY 1 OUTDOOR CONVENTIONS ON {> Chicago, Dec. 1. jlony chnnpM In the personnol of ^ carnival shows are expected. It ^ggiB assured the larje 'contracts ^rded carnlvaJs will be conclinled I , the mfietmg rhls week aa year 'w year the FeOruary meeting has ^^n gaining leas favor with show ^ fafrmen. The election of the new prenf- a,nt of the International Aaaocla- JJon of Fairs and Expositions will take place tomorrow (Wednoarlay) ,<wlth the probability Senator Fr.inU f Fuller, of Memphis will be awarded the honor. •"his conveiiffon of the Intcrna- \tionalFnlrs and Kxpo.sitioTis prom- itics to beat all records ns far ns attendance in concerned. The Con- p-eB8. Aiiditoriiim, Sherman and palmer House have rapacity reser- vations. ?o far as business is concerned, none has been transacted. Conven- tion will get Into its stride today gnrt Wednesday. The big joke of the convention anion" the carnival and show people la "Has anybody seen .lohn.son" So \1 far, the "dictator" has not shown up. Canvassing larnival men failed lo reveal anyone who would ad- mit paying a cent in dues and it Is accepted that the Showmen's Legislative committee la a dead Issue. The booking agents are making a showing and from the bipKcst to the snialleat are in attendance. N. A. A. P. Chicago, Dec. 1. The N. A. A. P. whlcli opens at the Drake Hotel today has an- nounced reservations and space in- dicate the largest attendance In its 10 years. Ride men from Eng- land and' the Continent are pres- ent and almost every prominent manufacturer of amusement and novelty devices is here. Chicago is the outdoor amuse- ment center of the universe this i week. The N. A. A. P. convention Is considered among convention man- agers and promoters as one of the best and most highly run conten- tions held in Chicago. MAY REOPEN F. P. CASE (Continued from page 27) this P. P. attorney admitted the government's charge that they con- trolled the best theatres at^d made the best pictures, adding that In the control of the theatres, ho.vever. the extent of such was but one-half ef 1 per cent of the total number in the United States, and in reference to the latter said, "It Is charged that we do not fear competition, that Is tnie, because no one can make pic- tures as good as we can, and since when has it been a crime to make such a high quality that no one oan compete with It?" 'As to the Puller contention that the motion pictures exerted a great- er influence in the molding of the ywth of the nation than did the public schools, Mr. Swaine answered that it was true F. P. was commer- Qlalixinc art and making it pay divi- dends, and once ag«in put the ques- tloB, "What of Itr* "Dumps'* in teutk "We acquired the theatres in the South because they were dumps *ni the men running them wep^ riff raff with no standing in their com- munities," said Swaine in another statement, reiterating at the same time the attack upon the testimony of Mary Pickford. He asked the commission to Judge fairly, basing same upon his contention that inas- much as Zukor had paid Miss Pick- ford $2,000,000 for two years' work would he then offer the actress a "measlly $260,000 to quit the pictures 'or all time?" "That is a fair ex- ample of the kind of tesUmony of- fered by Mary Pickford," said Swaine. The taking of the stand by Paul o. Cravath, heading the counsel for ^. P. to summarize the case, brought before the commissioners the as- sertion on the part of the speaker that never In his 40 years before the bar* had he ever felt "himself so highly privileged as to now stand before the commission and extol the Character, honor and business meth- ods of Adolph Zukor." Zukor was characterized as being conspired •gainst by his bitterest enemies. He ,*a8 likened to Edison, Ford and others as being a man with vision, that who did possibly express the •mbltlon to be the greatest in the motion picture field, "but who has hot aspired to be the greatest in his Chosen field of endeavor?" asked Mr. Cravath. Returning to the statement that upon the argument P. P. could lay ^alm to having won its case, this must be discounted to the extent inat the commission has yet to con- ■^h^ ^he written presentation of ^'^ ^'o^ernment's case and the reply «t the respondents. The final deci- sion will then bo determined. In reaching this d.clalon It will, how- ever, be handed down by a divi.lcd commiRsion having Its own faction- al alsagTPempnts r . Factions in Voting ^l.T"*^*' th« apjiolntment in April ' tic 11°' William K. Humphrey prnc- '^ai'y no unanimous decision has been rendered. In the greater major- ty thene have been decided strictly 'ong the linen of party afflliatlons. with Commissioners Thompson and Nugent, Democrats, constituting the minority and the chairman. Van Fleet, with Norris and Humphrey making up the Republican majority. Taking the expressed attitude of the chairman, who placed his own counsel "in a hole^" which every spectator at the hearing conceded, the head of the majority of the commission has Indicated, that Judg- ing from the argument presented he is not satisfied with the case as verbally presented by the Govern- ment's counsel. In contrast to this was the apparent attempts of Com- missioner Thompson of the minority to assist Mr. Fuller. This, according to many expressed opinions, leaves only Commissioner Humphrey to be reckoned with. FTe, Of the three, was the only one that by his questions could be termed as having yet to form a partial conclusion. This Commissioner has in some instances cast his decision with the minority. Dept. of Justice Should the commission dismiss the complaint—or should it issue the order forcing F. P. to divest ther"- selves of all theatres, the case will by no means be closed In either in- stance. A dismissal will mean the termination of the Federal Trade Commission's interest and the clos- ing of the Government's case there. F. P. has yet to consider the in- vestigation held in abeyance for the present by the Department of Jus- tice dependent upon the outcome of the present case. Under a monopoly charge this department is enabled to bring the matter to the courts for settlement. In this connection Information ob- tained Indicates that the Depart- ment of Justice has throughout all of the proceedings watched the de- velopment of F. P. and has its In- vestigation so far advanced that It can proceed practically with a mo- ment's notice. An issuance of the order to divest will leave F. P. the right to appeal to the Circuit Court of Appeals, where the decision, be It for the picture Interests or the Government, is subject to a final review by the United States Supreme Court, not "as of right" but upon a writ of certiorari requesting the highest tribunal to make such a review. De- nial of this writ would cause the lower court's decision to stand while the grcTntlng of same would bring the full evidence before the higher court. Such a procedure would carry the case over a period of from one to ten years. Should the iinission decide against K. P. the Government's case will not be carried forward by Mr. Fuller, who, as recently reported in Variety, has resigned as the com- mission's chief counsel, effective upon the completion of the case to Its present status. In addition to the RianUy Com- pany thoso not represented by counsel nor with a brief include the Stanley Rooking Corporation. Jules Mnstbaum, and Stephen A. Lynch, each of whom, as Individuals r corporations was named In the com- plaint as Issued by the commission. BAND REVIEV/S (Continued from page 46) trio; ISilly Kir.i .-clit, trunipet; Lawrence Maicaithy, iromiune; Joe Stanlield, lunjo and A. R/.om- bathy, ba.s8. It lb one of the laifM.<t comli.nations playing lie hot. s. In addition to tlie orfho.tr.i on Saturday nlKiila a lluor show is staeed with the Pcmlierioii tlam;ers consisting of seven shape y and graceful girls, who go from the classical to the peppy Cha: icston, and do them all we.I. Holding approximately 1.C0O peo- ple, the place wa.'i completely lilleii after nine o'clock. iliakin. Musician Did Not Intend to Defraud Audrey Payne, 25, musA-inn, 3!i5 West 66th street, was ac'iuiUej in the Court of Special Sessions of the charge of defrauding ihe bt. i'.;ul Hotel. 44 West 60Ui street, out of a board bill of $ 12. The Ju.stlees. after hearing the evidence, decided no criminal intent to swindle the holel was proved. Payne was arrested on the com- plaint of Jarne.s Cunnin.;hani. man- ager of the St. Paul, who charred that the musician, after storpiii;^ at the hotel from Oct. 26 until Nov. 12, left the place without settling the bill. OBITUARY LEW PAYTON. Lew Payton. 39. vaud'-villo a:.<ent and former performer, died at tlie Miseiacordl.a llo.sjiial. New York City, Nov. -5 as the result of a paralytic stroKe. He had undergone an oper;.tion for stomach trouble a few days previous and was on the road to recovery when seized with the stroke. Throe hours before death the deceaseil tnibraoed the (jQtholic faith. Funeral services were held from St. Malachy's Church Nov. 27. Inierment was made at Calvary Cemetery, Krook- lyn. N. y. ^Ir. I'ayion was born in New York City. He entered Bho.v business at an early age. apjioaring mostly in •. audevi'.lo under the teanj name of i'ayton and Liinn, and I'ayton and Micley. Five ycrs airo he retired from the stage to engage in the Ufioney lield, af!lli\fini; with Sam I''allow. 1-oew aueni. He left that oflice to Join Mandel A Rose, also Khglund in 1S97. Also a dau(sltier, Mrs. Rudolph Whltelegg. SAM COOK In colored circles they are now telling of the game fight that Sam Cook (Cookie), in vaudeville for years, first as tlie p.artner of Bennie Jones, then Jim Stevens (Cook and Stevens) and again with Sam Gaines and more recently with "Speedy" Smith, made to stage a IN mi':aioi<iam My iJf.Tiv Ia>v«(1 Mother Mary LiDis Crawford l'u«.s<'J en Nov. 19. I'jiS "Muy h.>r si.ul rpst in ro'ico." EDNA ARCHER CRAWFORD Mexico Likes "Canned" Music WaHhiii;;ton, Dec. 1. Mexico is developing a liking for the player-pianos and the mu.<;ic rolls, according to consular advices reaching the Department of Com- merce, In the Guadalajara cop- sular district, reports Consul Dud- ley G. Dwyre, tlie sales of these have made big advances over last year. F. P.'S B'WAY CHANGES (Continued from page 1) the hotel night work has been too much for Bernle. Starting this week, the Fire De- partment has condemned the use of the Rialto for stage productions, contending the theatre was never designed for elaborate stage work, the house being licensed for motion picture exhibitions primarily. The Rivoll, about four days before Christmas, goes dark to permit in- tertor decorations for an elevator system to raise and lower the or- chestra pit, organ, etc., this to ac- commodate the Elkins Jar.zists. John Murray Anderson will also Introduce his first metropolitan presentation at the lUvoIl that week, the film feature to be "A Kiss for Cinderella" (Betty Bronson). The UFA film, "Siegfried." goes Into the Rialto for the holiday weeks, requiring a large orchestra with the Rivoll musicians being switched to the 42d street theatre. Dr. Rlesenfeld's resignation as director of both P. P. houses goes Into effect Jan. 1. Ash Nationally Known Paul Ash has been a sensational success at McVlckers, Chicago, a F. P. theatre In the Ivoop under the Baiaban and Katz direction. An at- tempt to duplicate the Af;h style and system of pieturo house enter- tainment (stage) in other B. & K. mid-western film theatres has not proven successful. It has been reported that F. P. was reserving A.sh himself for Broadway, when his Chicago popu- larity gave signs of waning. Ash reached Chicago from San Francisco where he had been as locally successful at the Granada (pictures), but did not berome a nationally known picture house figure. In tho trade, until his Mc- Vlckers engagement. Bernle's Itlalto contract is effective until July. Although asked by Fa- mous Players to stay with them iftitil Its exi)lration, IJcrnlc replied he appreciated the new JUaiaban & Katz regime would prefer a house- cleaning, and as a frl-jndly gesture to the corporation he would leave the week before Christmas. Bernle has been much In need of a rest, his mental preoccupation In planning next week's sliow, new g<ags, etc.. having created comment among his friends. Bernle leaves for French Lick for the loaf, DEATHS ABROAD IN MEMORY OF \. TOMMY GRAY Died November 30th, 1924 He's bttt passed on — He's still with us. Loew agents, by whom he was em- ployed at the time uf death. Known to his intimates as "The Broadway Baron." Payton enjoyed a wide circle of friends. Whenever a fellow player was flying a distress signal Payton was one of "the first to the rescue, and this charitable tr.'tlt made for him a legion of friends. I'ayton is survived by a widow, Mrs. Viola Payton, a non-profes- sional. M. DOUGLAS FLATTERY S/. Douglas Flattery, (6, died in Boston. Mass.. Nov. 23. Funeral services were held in that city last Friday. Air. Flattery was widely known in Boston theatrical circles through his financial interest in various Hub theatres. He was also an attorney of prominence In that city. AUhoug'h a resident of Boston Mr. IN' .MK.MOKY OK LEW PAYTON Pled Nuv. It. 1926 MANDEL and ROSE Flattery's buiiinesH interests were scattered throughout the country. Aside from being interested in the Orpheum and Copley theatres, Boston, he was a stockholder In I.ioew'8 The.itre Co., State Theatre Co., Globe Vaudeville Company and the Columbia Amufiement Co. Born In Dungarven, Ireland, Mr. Flattery came lo Boston at an early age. His first connection with tlie theatre w.as that of acting manager at the Boston Theatre H.iving studied music he later was in.ide musical director at the same theatre and after that held a similar post with tho Metropolitan Opera Com- pany of Boston. Having studied law during the Interim he was ad- In^FiMul KrinM»il»ri«nrr of Our Drar I'al LEW PAYTON Whii I'aiiHoJ Awxy Nov. 2S. 13ir. MATTHEWS and AVRE8 Paris. Nov. 21. Hughea Le Roux, S.'i. French novel- ist and politician. Elemir Bouroes, French writer; member of tho Ai^ademle Goncourt. Mrs. Florence Fox, «6 (born^ Josephine B. Sprlngman, of Wash- ington. D. C.) well known in musical circles in Europe for the past 40 years. mitted to practice and although de- voting most of his time to law he never lost interest In show business. Mr. Flattery was well known for Ills philanthropic work in Boston and elsewhere. He made many large endowments to the Carney Ilo.splfal and Harvard College. He was a member of tho Harvard and City Clubs of Boston and tho Har- vard Cliih of New York. Mr. Flattery Is jinrvlved by a wife who was (Jeonclna A. Mackle of London, whom he marri»»<l In •eonie hark' phy&icully after his first attack of paralysis. Nov. 1* Cook died following a second at- tack at his home, 1 West I;i5th street, New York. Sam Cook was well known among' vaudevilli.an and burles(|uers. After teaming with Smith he joined "7-11" tcolored> Columbia show. In addi- tion to being a member of the troupe, (^ook In conjunction with Garland Howard and Speedy Smith wrote the book of "7-11." Cook and Stevens were billed as the Chinaman and the Coon." Ill for more than two months "Cookie" showed remarkable courage. HARRY LUPINO Harry Lupino, about 70, died Nov. 30 In London. He was the survivor of the Lupino Brothers (2), England's most famous clowns. The Lupinos wore the originals of the Lupino family of stage enter* tainers, who are in two groups. Stanley and Charles Lupino ar« nephews of the recently deceased, their father having the other orig- inal Lupino brother. Lupino and Wallace Lane are sons of Harry. Stanley Lupine Is over here, with "Naughty Riquelte," especially en- gaped. I.nnlno T^nne is also on thla !n <li' ^'Iiuil rrmeinbranre ( o'jr demr pnl EFFIE POTTER (Putter sad Hartwell) Who <1pr>rt«d thl* nfa I><>e. S, 1*14 ARTIIITR 8TON1C Mill WIFC side, with the other brother and cousin in England. Lupino lytne is now on a train bound for New York, coming from the picture studios at Hollywood. He Is under engagement to go to London for an appearance at the Oxford with "The Farmer's Wife." As f.ar ns known yesterday, Lupino had no knowledge of his father's serious illness nor his death. PEARL ROY WILLIAMS Pearl Boy Williams, prominent colored actress, formerly leading woman with "Jollyland Girls," also with "The Smarter Set" and in vaudeville at one time, died last week at her home in Ralllmore. .Miss Williams started her stage ^.l<'^t'J (<» tiir III* iiirr. 4-1 my ht'to^ril htiNl»:iiifl Michael J. Needham who tiitunril awuy Diy. 2, ISZS VIVIAN WOOO NEEDHAM career at Daly's, New York, 1913. In July. 1922, she was married t« John H. Wllliiims, Baltimore busi- ness man. who survives. RITA HOWLETT Rita Howlctt, 60, died suddenly at the St. I'aul hotel. New York, Nov. 30. She was the wife of Joseph Weber, actor. Miss Howiett played characters, having appeared In "Kxperlence." "Damaged Goods," with A. H. Woods attractions, and William Hod;;e shows. Services are at two o'clock this (Wedn esday) afternoon at the hotel. WILLIAM BECK William n>ck. 55. baritone t the Chicago Ojiera Company, was found dead In his room at the Congress Hotel. C^hlcHKo. Nov. 30. Ajioplexy was given as cause of death. WiUi.'im Beck, born in Hungary, was a graduate of the Paris Con- servatoire. He had sung with the Paris. \ ienna, Budapest and Ham- (Contlniied on page 54)