Variety (December 1925)

VARIETY BURLESQUE Wednesday, December 23, 1985 BURLESQUE PEVffiWS LETS GO (COLUMBIA) tvrwTIa Walter ■•P«p" Bmlth Cbnrarter Charley Oro ilralKht John o. Giant ■"ubrette , nnbo Hrsly Prima Donna Nan I'a Ion Incenue Mndnline r.me r« nrer Urone Dubn r ComeUUn Manny Klny ) "Let's Oo." picked for a Columbia. New York nummer run, is but a chest of Its former self, due to ero- nomic cimngcs which have forced most of the prRfluccrs on the circuit to cut down to the hone. It's Just another opera now jret- llnp by on ihe rem.nlns of the former production and with a hook Ih.nt Would hav© Kounded familiar to No.nh. There Isn't a current wheeze or stag story that has been over- looked by the unknown rememberer who nssombled the gnps and the bits Include the one about the "Icemin flioppln^ de.ad": "the lying clock"; "^he propos.Tl from the book," with the str.nlTht promntinff the comic and (shades of Weber and Fields) •"^he Dying Oladiators" lifted bod- ily. .\nother recognition was the en- tire "head man" routine lifted bod- ily from the current act of Moran and Mack, the blackface comics. This hit Is used as a stop gap In "one" by John O. Grant, the straight m^n, find Manny King, the Hebrew comedian, A radio scene, which was prob- ably orlgln.-xl with this show, has also been seen In another Columbia that played here a few weeks a'jo In the scene, which Is a broadcast- ing station, an anemic looking o'd man la Introduced as professor so and' so who will give you a talk on hen 1th. The previous show got much tnore out of ^he bit. The redeeming features are the ipork of the chorus and the produc- tion. The costumes stand out In comparl.son to the ma.lorlty of •hows. The girls work well and are a good looking bunch. Fred Cl.irk, producer, is reported to be plenty In the bag with this at- traction, which has been playing the Western half of the circuit, where the pickings are lean this season. King hasn't Improved any since last seen, and Is carrying the entire comedy burden. Charley Oro, who ■was very fnnny in the summer run edition working with a trained bear in a good laughing scene, has little •r nothing to do in this onfl, save a counle of character bits. Walter "Pep" Smith, the Juvenile, •hows much promise. He clicked In a singing sneclnlty of pop songs. Pe h<*s a good si iging voice and a] pl'^aalng apnearance. "ohn O. Grant Is a good conven- tional straight, working Intelligently with the materials at hapd. but re- ceiving few opportunities. Of the women, Brone Dubar is irond to look at and can dance, Xnn Polon is an overweight souhret with a sweet singing voice. Babe Healy Is a good all around souhret, and an experienced,number leader. King pulls laughs with double en- tendre and also does as well as ran be expected with the familiar stuff he has been alloted. His violin spe- cialty went over nicely, hut his repe- tition of his catch line. "Rolonk" wonldn't build un Into a laugh if It Wns U"ed In double shifts. "Let's Go" Is frankly trying to get by without going any deeper Info the hag, and the same goes for a*^ont 80 per cent of the regular bur- lesques seen on the wheel this sen- ■on. After looking at this latest two hours of repetition It isn't'hard to flc'irc otit whv the cartoon and black and black nnd white shows are get- tin? the money. At least thev're a Ultle different. Con. RED HOT (Mutual) FeaturKl comedian Frank Harcou't Pi Ima Donna . Mbblc Hart ■'nub et VIvlin l.iwrence Injfpnup Hiba Ijiwienc .'!tr.iliiht I '• P^yl n Mpbiew romodlan Ge >.-i{« CVIllna '"haractera Bort t^ater Lilian Forgot Husband, So Chester Webb Says Chicago. Dec. 22. Chester Rtuart Webb, advance man for "La Revue Parlslenne*" (Columbia). Is plenty peeved. While •lit ahead of the show, his wife. 1 IIMan Webb, was back with it. Fhe showered upon one John Doe. also with the%how, all the love and affection the husband believed be'onged to him. What excuse, if any. the wife of- fered her husband Is not known. H** has had Attorney Wllll.im F. >der draw up divorce papers. Charging the wife with adultery. lANDITS TIRED OF LOAFING St. I>oula, Dec. 22. After H month of Idleness bandits have resumed their profitable ca- reers In this rify, " PIx of them started at Oscar Dane's Liberty music hall yesterday morning. Reported gross takings ts.ono. Frank Harcourfs aecond season on the Mutual wheel. His present oncra Is one of the fastest sbovs on liie wheel, rating also as a money- mai.er for the circuit Harcourt h.mdles most of the comedy tfJ is an eccentric along the lines of Billy B. Van. Georgi* Collins assists ii, w.ost of the .-omcdy see es and mak- ing an excellent foil. The production and costuming rat( with any of the Mutual snows. It goes In heavier for ihe feminine exposure angle as regards fern prin- cipals and choristers than ttihers. 1'nic was the wallop when caugiit at thi Star, Brooklyn (tradltlonaMy rated the Sailor's Hlppolrome be- en u'se of its proximity to the .Navy Yard). The tars like tn-lr girl and nibsic stuff rough. This show gavo ii to them. Mostly In the manipulation of the d:;mea, rather than In dialog. The latter held plenty of double entendre, but not ns rough as some of its o^e- decessors at this house. This opera exploits the dame an- gle heavy and fortunately hns good material to work with. Llbby Hart makes a shapely and hard working prima thftt sells her numbers iike a veteran and registered appeal, de- spite fleshing encasements. VIv Lawrence Is a swell dish brunet who works fast and furious and clicks at everything she does. She manipu- lates several teaser numbers that would prove a liberal education for some of the other soubrets of the Mutual, fler shoulder strap gag had them going at this session to the tune of 12 recalls for her number and can maintain Its wallop elsewhere. Babe Lawrence, a youthful ap- pearing blonde, makes a corking in- genue. Babe Is there with fast step- ping and leads her numbers well, even if a trifle weak on the vocaliz- ing. Her costumes also limited to legal requirements, command atten- tion to other than the lyrics. Joe Devlin makes an acceptable straight, while Bert Lester handles several characters creditably, and is spotted in two specialties, in olio, with Collins with possibly some of the stuff retained from a vaudeville act the two did before hopping into burlesque. Although the comedy scenes in- corporate familiar and released stuff, Harcourt. Lester and Devlin get a new twist that has its click- ing power. Another sav'ing grace is the show doesn't peter out after the flrst stanza, as most others do. but has the comedy evenly balanced In both. The "Get a Doctor Bit" and "The Vamping Dog" were the best com*dy contributions of the flrst part. The latter had Harcourt trying to sell a trained dog, guaranteed to attract attention from females. Frank ildn't believe his own spiel, but when he found It worked like a charm re- fused to sell the tag, as he had dated up several dames through the dog's approach. The trial scene In the second part was even worked up for greater comedy than the previous at-aba, with practically all of the principals Included and with the bandinatre worked Into the snappy fit « 'e of the show. The runway grind by the 16 choristers was less laborious than most through a seeming Indifference upon part of the girls to wicked wiggling. It clicked for recalls with the outfronters probably flgurln'-: they would warm up with repetition, but they didn't. The girls were bet- ter lookers and more shapely than the average Mutual ensemble. Of the numbers, two pick-ou i made the big hits. One was a lln gerle number and fhe other a flir- tation song with the girls drafted for an individual chorus, revealing their names to their spotlicrht sub jects among the audience by open Ing a folder heart. The number went big and should flgure as a tip- off. Altogether "Red Hot" shapes up as good entertainment. Its comedy can hold up with the average. Its numbers are fast at all times, and its girls a better looking contingent than many others can boast. What more can a wiggle opera fan nant? Edha. SPORT PAGE ADVERTISING Buffalo. .\. T., Dec. 22. The Sunday newspaper advertis- ing of the Garden (Mutual) wa.s ■w.tchcd this week from the the- atrical section to the sport {toges.- CORINTHIAN'S $14,000 NETT Rochester. N. Y.. Dec 22. Protest of the action of local po- lice In closing down the running boards at the Corinthian (.Mutual) several weeks ago Is planned. Cliff Smith, manager. Is reported con- sidering lesal action to And whtn- the police rate in the matter. Which hrlngH the report that the C irln- thlan has cleaned up III,000 not since .Smith took it over under re- ceivership. Harry Abbott, former manager, 1h ni.inailing the Garden, his Toronto .Mutual hou.so. BURLESQUE ROUTES coLinoiA (HRCurr WMk 0«c«fnb«r 28 Bathing B«autiM—X8-S0. Ljrle, Day ion. BMt Show in To««r»—Mlncr'a Bronx, New Tork. Bringing Up Father—Orpheum, Cincinnati. Burlesque Carnival — Empire. Brooklyn. Chucklea—Gayety. Rochester. Fashion Parade—Gayely. Waah- Ingtun. Flappers ef 192S—Empire. Provi- dence. Follies ef Day—2t, Geneva. 29, Auburn; tO. Blnshamton; 11-2. Colonial, Utica. Golden Crook—Gayety. Pttts- burgh. Happy Hooligan—L. O. Happy Monnents—Casino. Pblla- delphla. La Revus Parisian—L. O. Let's Go—Orpheum, Faterson. Look Us Ovei^-Hurtig ft 8ea- mon's. New York. Lucky Sambo—28. New London. 29, Stamford; SO. Merlden; 11-2, Lyric. Bridgeport. Miss Tabasco—Gayety. Boston. Models and Thrills—Empire. To- le<lo. Monksy Shines—Gayety, Buffalo. Mutt and Jeff—Palace, Baltimore. Peek-a-Boo—Lyceum, Columbus. Powder Puff Revue — 28-29, Wheeling, W. Va.; 10, Zanesvilie, O.; 31-2, Canton, O. Puss-Puts—Casino, Boston, Rarin' To Go—Gayety, MontreaL Reynoldst Abe, Rounders— Gay- ety, tit. Louis. Seven'Eleven—Gayety, Detroit. Silk Stocking^ Revue — Empire, Newark. Step On It—Gayety. Kansaa City. Steppe, Harry—Empire, Toledo, Talk of Town—Star and Garter, Chicago. Watson, Sliding Billy — Caalno, Brooklyn. White and Black Revue—Colum- bia, Cleveland. WiHiams, Moliie—Hyperion. New Haven. Wilton, Joe, Club—28-30, Van Curler, Bchenecudy; 81-2, Capitol. Albany. (Continued on pagji 48) Clarks "Ufs Go" Paid Part Salaries Salaries of ih« members of Pred Clark's "Let's Oo," which played the Columbia. New York, last week are said to t>e In arrears. According to report, Clark waa given consider- able help by the Columbia Amuse- ment Company while playing the western end of the circuit. Some of this money was deducted from the show's share at the Columbia. New York, necessitating Clark's giving the artists only part salaries. The Clark show opened to 81.200 Monday st the Columbia and wound up to a fair week. The opening day's gross was cut Into 8800 by creditors of Clark, according to re- port. "Let's Go" is the attraction which played a brief summer run engage- ment at the Columbia last summer. PADLOCKBEFORE SUPREME COURT Only Playhouse, Passaic, Closed For Day—Reopened The Playhouse, Passaic, which opened as a Mutual Burlesque stand last week with •'Let's Go" as the attraction, was closed for one day when Chief of Police Zober closed the house, following complaint from the Commissioner of Public Safety. The house reopened Saturday with the aiiractinn playing to ca- pacity business. The Playhouse Is close opposition to the Orpheum, Patterson, a Columbia wheel house. A Passaic evening paper on Friday quoted an ofllcial as saying he had seen nothing lewd, bawdy or licen- tious in the performance. Columbia Terms The Columbia burlesque* sharing terms have t>een considerably re- duced since the opening of the cur- rent season. At the Star and Gar- ter, Chicago, the shows share 50-50 straight, regardless of the gross. The house used to givo Increased terms above 16,000. The new scale went Into effect In October. The Gayety, Washington, has changed Its terms to 60-50 up to $7,000, and «0 above. Former tcrms^ were 50-50 to $6,000. and 60 above. Cincinnati and Buffalo have also kited the gross necessary to obtain the additional percentage from $6.- 000 tu $7,000. New Haven Is a rtralght 60-50 split, with a guarantee of $2.S0O. The Oayeiy. Montreal, continues one of the poorest stands on the circuit for the producers. Fred Clark's •'Lets Co" Columbia l!ur- le.snue attraction lost $1,500 on the weok at the Gayety there. (Continued from page 1) decision of the U. S. Circuit Court ef Appeals for the Sixth Circuit. The premises, tbe petition states, at the time of the sf.le8 ef Intox- icating liquor complained of, was In the possession and control of ten- ants and not in that of "the fee owners." It Is stated that the Injunction deprives them of the use of their property for one year under the dis- puted section of the Volstead Act, which section is contrary to the 5th and 7th Amendments to the Federal Constitution, which prohibits the taking of private property for pub- lic use without due compensation and guarantees a trial by Jury, Grounds It was Insisted In the lower courts, but without success, that in the placement of the padlock injunction they were denied their constitu- tional rights, adding that they were liable to commitment to Jail with- out a jury trial should they be placed In contempt of court by the breaking of the padlock and that the value of their property had been destroyed for one year with its future rental value Impaired through no act of their own and without afforded an opportunity In the courts to defend their rights before a Jury, The opinion of the Circuit Court of Appeals, conDrraing thft judg- ment of the U. S. District Court for the Eastern District of Mich- igan, Southern Division, was handed down on Nov. 14, 1926, one year after the Government com- menced its suit In chancery against William Rogers, Carl Meyers and the Phil Kllng Brewing Co. to close Doerr's Inn, defined as a "common nuisance" under the Volstead Act. The brewery company was later omitted in an amended bill with Kurt Kling, Em Hie Kamper and Josephine Kling named as defend- ants, along with Rogers and Meyers. Rogers was styled as the proprietor of the business with Carl, Meyers an^ various other cmploi^es set down as having aided and abetted Rogers. The opinion also states that the property wners "Tiad knowledge or reason to believe that said premises, property and build- ing were so used and occupied by Rogers and his employees and as- sociate for the unlawful sale of intoxicating liquors." This the three property owne.-*s deny, while Rogers and Meyers of- fered no defense. Vital Importance The question of constitutionality as set forth In the present petition to the Snpreme Court was brought up before the Court of Appea!s also, on <vhlch the lower court ruled: "In answer to this It is suf- ficient to say that no such question Is presented by this record, as there Is ample evidence of knowledge on the part of the owners that a nuisance was being maintained on these premises." In presenting the petition, Ferdi- nand Henry' Wurzer. attorney for the appellants, sets forth that: "This question as to the validity of the so-called padlock provisions of the Act of Congress of Oct. 28, 1919. variously referred to as the 'Na- tional Prohibition Act' and the •Volstead Act,' Is of the most vital Importance to the peop'o at large, and especially to owners of real es- tate all over the United States: and the varrylng decisions In the vari- ous circuits, some more and JBBfi less drastic, have j a c^Wi- tlon of confusion that 'thould be settled by this toiirt. "The precise rjuestlon of consti- tutional law and right here drawn in question has never before been presented to this court." Record of Case In bringing this case to the high- est tribunal for final determination on the constitutionality of the pad- lock Injunctions as provided in the Volstead Act, the transcript of the record discloses that the original bill of complaint was filed Nov. 16. 1913, against owners of Doerr's Inn situated 17169 Jefferson avenue. East, Detroit, and followed the pur- chasing of liquor, as alleged, by Gall C. Britton, a I'rohlbltlon agent, on August 31 ,1923. A temporary Injunction was Is- sued against the Inn Nov. 20, 19l'3. This was followed by a motion to dismiss by the Phil Kllng Brewery Co. on the ground that that com- pany was no longer In existence. This brought forth an amended complaint Jan. 20, 1921, naming those as set forth. An exhibit ac- companying this complaint, In the •form of an affldavit, states ihnt en Oct. I, 1923, a mid was made of Doerr's Inn and 137 bottles of Can. adian beer and six quarts of various brands of whiskey, all partially emp- ty were found. William Rogers waa arrested June 30, 1922, with a Federal Grand Jury retuiViing an indictment against Rogers, who had admitted he was the owner of Doerr's Inn, Feb. 16 1923. .March 2«. 1923, Rogers pleaded guilty. Owners Deny Knowledge The motion to dismiss and answer of Josephine Kllng, Amelia Kamper and Kurt Kling were (lied on March 11, 1924. wherein it Is denied they knew liquor was being sold on the property they own, pointing out that in the complaint and amdavlts of the Prohibition agents nothing waa shown affecting these three defen> danta. Tho District Court issued an In> Junction May 13, 1924. District Judge Charles C, Simons handed down his certiflcate of approval April 28. 1924, with the defendants filing a petition for appeal May 7, 1921. This appeal was granted by Judge Simons May 7, 1924, with a bond required totaling $1,000. It suspended the degree of May 5, 1924, but the temporary injunction previ- ously granted was held to be ta force during the pendency of the ai>* peal. Originally set for hearing on June 6, 1924, an extension was granted for one month. Following this Ave orders of extension were granted to file and docket the printed record tin appeal, bringing it up to Feb- 28. 1925, with the case argued In the District Court of Appeals Oct. 12, 1926, with the decree affirming the opinion of the lower court being Hied Nov. 13, 1925. No Oral Argument There will be no oral argument on the petition for the writ of certiorari as Qled. The court, now In recess* will have the petition submitted be« fore it In all probability on the com« ing January 4 with a decision ex« pected as to whether or not a review will be granted by January 11. A denial of the petition wUI cause the lower court's decision to stand and, it is stated here, establish the con« stitutionnlity of that section of the .National Prohibltlon'Aci which per- mits the placement of the pad.oclt injunction over a period of one year. If the review is granted, a hearing before the high court may not be reached for six months or longer. I No previous appeal of a padlock proceeding has guiio beyond a U. S. District Court, where it was af- firmed. Men charged with selling or possessing liquor have Invariably stated that they could not Individu- ally afford to bear the expense of a contest up to the U. S- Supreme Court. They have claimed that such an appeal could not cost les« than $25,030, probably Including attorney's fees. In the case at Washington, It is understood that the actual expense, nfinus lawyer's fees, but Including printing, for the appllcallon of ibe writ have not exceeded $1,000 for the .defendants. The Common Padlock Since padlocking has grown so common around New York, those with padlock proceedings against t1iem In the majority, apparently have iTbt deemed it worth while or the expense to contest In tho lower Federal Court. In nearly all of the cases tt new location had been lo- cated and equipped before the pad- locking went Into effect. It was reported but lately in Va- riety and a notorious in.stance of the futility of the padlock other than against the place closed, that a .speakeasy downtown, .New Vorkk padlocked on one side of a hallwayi^ moved over to the other side, i'rom its Hresenl location -.vith the door open, the padlock may be seen on iho c'.OHcd door of the former place whilst drinking In the newer locaje. Engagements Charles "Tranip" McNally will , Join the Stella Morri.scy Mutua^ burlesque show at lyjulsvllle ihli week, Margie Penncttl has retired from tho Mutual burlesque attraction "Stolen Sweets" and will continue on fhe chruil nn an aildc.l. at- traction with other Mutu.al s.'iows. Her arningcmont with tho cir- cuit colls for feature billing and other perquisites. ^