Variety (April 1926)

LEGITIMATE VARIETY 17 HOLY WEEK TRUE TO FORM WIIH BUT FEW EXCEPTIONS Ladders in Divisions Held Up in Grosses, wiA •*Sunny** Improving—One or Two Run Possi- Among Newcomers UimiNGERS lUKE UPt DIVORCE SUIT DROPPED Arm Kingsley Returns as Lead with Husband's Stock- Raid Started It Holy Week as a rule ia th« worst ^,1; the theatrical season. ThiF peMOB that period (last week) was as exception, for some shows which 0MBS the leaders. Business other- wise was true to form. It has been the •'worst week" for a flock of shows for the past month or so. The musicals principally benefited last week, school holidays aiding, and also the Jewish holidays for a few non-musicals. Where there was better business noted it was from 1500 to $1,600 over the pre- Tlous week. The musicals known to have Im- proved are "Sunny,- which hit over I4S.600, but had b^en bettering I48.0C0 right through the slump; "ArttsU and Modets." I36.009 or more: The Vagabond King" claimed nearly fSO.OOO; "Tip Toes." almost 126,000; "Song of the Flame" heM Its own at $28,000; ••Vanities" around $22,000; 'The Cocoanuts** at about $32,000 was unchanged a.td rated next to "Sunny* again. T>ear- est Enemy" up a bit to $14,000; ^Nanette.** however, dropped fur- ther at $14,000; "Greenwich Village VolUes" rated at $20,000. along with *A Night la Paris"; "The Girl mend" W9l$ satisfactory at $11,000*^ This Week Will Tell This is the week that win teU the story for those shows which having been waiting out the pre- Easter slump. Half a dosen attrac- tions are slipping out Saturday. Necessary replacements for the coming month are not in sight, any number of bouses being on the hunt for fresh offerings. The newest productions have one er two run possIbiliUes. Last week "Bride of the Lamb" provoked histy praise from the critics and (Continued on page 22) REFEREE TO ADJUST DAN ARTHUR'S 25% Another Suit Taking In "Nan- ette," Following "Lady Friends" With the affirmation of Daniel V. Arthur's victory in his 25 percent suit against Harry H. FYazee in- volving "My Lady Friends," former Judge Jonept V. McKee, now presi- dent of the Board of Aldermen, has been appointed referee to take testi- mony in an accounting of the profits of the "Lady Friends" show, which was the late Clifton Crawford's •sUrring vehicle. That part of the litlgatioa Is flnanclally negligible, it being sn- derstood Frazee's net profits to be only about $10,000. which would net Arthur $5,000 at the outside. However, In view of "My Lady Friends*' being the libretto source of "No, No. Nanette," the sensa- tionally popular musical comedy with 12 companies out at one time, Arthur has started still another ac- tion for an accounting of the profits therefrom, deeming his end of it Worth around $600,000. Artliur's 26 percent Interost in "Lady Friends" Uras based on an agreement which Frazoe denied. Farrar in Road Opera? Geraldlne Farrar is tentatively Hated for another appearance in grand opera, this time with the company Prank T. Kintzlr* has had «n tour. With Gennaro Papi, a conductor •t the Metropolitan. Klntxlng has Iirid the company out with many young BinRers in lu roster. This pummer he may bring It to New lork for a short open air season n one of the city stadiums. It Ls In "Carmen" and several other of the hotter known pieces that Miss Farrar Is listed. "G. V. Scandals" Acain Rufus LeMatre Is reported to have purchased the title of "Greenwich Village Scandals" from Sam Shannon, who first proposed the production of a revue under that name last summer. Objection to the Joined title from White's "Scandals" and "Greenwich Village Follies" developed after Shannon had announced the show. It was not produced. LeMaIre from 8u:counts So- tends to gather a company and play it under the title rights acquired from Shannon. NEW MANAGERS LEACUE HAY NOT ABSORB ReeoBcIllatlon has been effected between Al Luttringer aod his wife. knowA. professionally as Ann Klng- 6tey, with the former reported as having discontinued his suit for di- vorce, filed in White Plains. N. T|. some months aga Miss Kingsley IS returning as lead with the Lut- tringer stock at the Palace, South Orange. N. J. Mrs. Luttringer had headed her husband's other stock at the West- chester. Mt. Vernon. N. T.. nntil last December when a raid con- ducted by the stock man on his apartment resulted in the filing of the divorce action. An orchestra leader employed at the theatre was named as co-respondent in the &ult The suit was called last January for trial and wae continually pofd- poned until the reconcilliation was effected. Equity Not Inclined to Make Waivers on M. P. A. Agreement The formation of a new producers* organization was accomplished on Monday when the Managers' Pro- tective League Elected offlcers. W. A. Brady Is president. Arthur Ham- mersteln vice-president and Warren P. Munsell secretary and treasurer. The latter Is business manager of the Theatre Guild. The League was expressly formed In compliance with an agreement made between the managers and the Dramatists' Guild to bind for a five- year period the basic minimum con- tract, the subject of three weeks of conferences between producers and authors. The dramatists' contract was accepted last week by all fac- tions. Details pursuant to the print- ing of the contract In final form have been completed. Whether the new Managers' Pro- tective League will encomi>ass other managerial activities Is conjectural at this time. The League member- ship Includes nearly all active pro- ducers, taking in so-called indepen- dent managers who were of the "round robin" group. Hammerstein Is president of the Managers' Protective Association, which holds a 10-year agreement with Equity permitting 20 per cent, of independent actors, as against 80 per cent. Equity. In casts, and also providing against sympathetic Rtrikcs for the term of the contract. There was some talk of the new managerial organization absorbing the M. P. A. That would predicate the dissolution of the M. P. A. No Equity Consent That the M. P. A. would be en- abled to turn over the P>iulty con- tract to the League in that event is doul;tfuL Equity officials stated that if the M. P. A. Is dissolved the con- tract would become null, unless the Equity Council conn^-nted to p^iHslng It over to the League. It was inti- mated Equity would do no such thing, and If the M. P. A. p iHsci out, all managers would be culled on to operate under the independent form of contract. Loe Shuhert is siild to dcHlre the retention of the Equity aprcoment. feeling that it is a protortion. Tn<li- catlons are that he will attempt to prevent any dissolution of tho M. V. A., known as the ShnlKrt faction when the Praduclng .Manageri" As- 8oci<ition ppIiL Rita Knight Marries Irish Correspondent Syacuse, N. T., April f. Syracuse friends of the former Mrs. RiU Knight-Grouse, divorced actress wife of George Nollis Grouse, local millionaire, have been advised of her recent marriage in Texas to John McCarthy, formerly first base- man with the Syracuse Stars, and corespondent in the Crouse divorce action. Crouse. who has sinoe remarried, was the third husband oC the no* trs8% It developed at the time he sued. The McCarthys are living In Houston. McCarthy la playing la a Texas ball league. Crouse met Miss Knight when she came here to head Wieting stock company some years ago. After her marriage to the local millionaire she retired fron. the stage. Grouse's suit was based upon the discovery of his wife and McCarthy in a Canadian hoteL Mrs. Crouse had left Syracuse presumably to fill a theatrical engagement on the West Coast. SelTin's Appreciation Hamilton in Pictures 5 Years with F. P. James Hamilton, currently ap- pearing on the road with "Merry- Merry." has signed a fire year con- tract with Famous Players, his first picture to be "Kid BootsT in a sec- ondarr principal role. Hamilton leaves the show In two weeks. ''Rose-Marie** Changes Minneapolis, April $. Bessie Gross has been supplanted In the leading comedy role of "RoiMt Marie" by BCajorle Dodd. sent on from New York. Sam Ash has also left the company to Join another of the Hammerstein troupes with Rob- ert Rhodes replacing. Besides these substitutions four young men and women, .recruited locally, are filling vacancies In the chonis caused by departures. Miss Gross has signed a one-year contract with the McCall-Bridge Co., musical comedy tab players, who opened at the Palace this week. LOTUS BOBB OWES |6,546 Lotus Robb (Hudson) legit ac- tress, admits in bankruptcy. Phe is "broice." She owes $6,546. Her assets are $5t). Miss Robb gives her nddress as 103 East 86th street. New York. The d^ bts are for sundry merchan- dise bills. 'STORM' WITH MISS WINWOOD Sigurney Thayer will shortly produce "Storm," a play by C. IC Munro. Until recently It had been on the Theatre Guild's list It will have Eatelle Winwood featured, with Joan Mcl^ean. Lionel Watts. Margaret St. John and Htafford Dickens In the cast "Storm" opens in three weeks. Msrcln's ''Sold" Loa Angeles, April 6. Max Marcln U'ft for New York on Siinduy to make arraniromfntn ff)r the production of a new play, tem- porary title "Sold." Wlien Marcln returns It is un- likely that he will po bark to the Metro-CJ(»ldwyn-.M;»y' r pcenario de- partin'-nt in Culver fity. Feist. Inc., Is getting a huge plug from Ben Selvln in connection with its "Sitting on Top of the World," that sig- nifies greater Import than a mere song plug. It ezpresees Joy and gladness on Salvln's part considering that for a «reat number of years he had been established at the Moulin Rouge and other Salvin cellar cabarets. Kven when coming uptown to the. Century th&u'tre. Into the Parlsiana cabaret {ilrat known as Chez Fysher), the basement gag still pursued hini. But with the opening of the now Cafe de Paris atop the Century. Selvln gives musical thanks to his final rUlng from the ranks by religiously open- ing his program nightly with "6ittingv>n Top of the World.** lYPT ANGLE FOR STOCKS New Wrinkle Around Metropolitan Area BOLTON am REVERSAL ON APPEAL Dy mow's Lower Court Verdict With $120,000 —No Plagiarism, The "type" angle has gradually found Its way Into stock and espe- cially nearby ones which are refus- ing to sign an entire personnel for the season as has been traditionally the custom with resident companies. Instead the producers are issuing season contracts to the leads and director and "Jobbing" the rest of the players. When each bill is de- cided upon the director is Instructed to engage types for parts other than the leads, sometimes responsible for almost entire changes in companies weekly. Stock operators employing the "type" sngle olalm it has not af feoted busluesfi, but has Improved performances if anything. Thoy claim that the popularity of the leads alone is sufficient to keep sub- scribers in**re8ted and that the re- mainder of a stock company seldom means'a thing to the box ofUce. In far out spots stocks are oper- ating under the old system of sign- ing up entire companies for the sea- son but only because they are in spots where "Jobbers" are less plen- tifuL The 'Hype" stunt has cut down operating expenses considerably and i» giving the etoek man a break although It Is not so good for the actor. The latter heretofore knew he was set for-a season If the stock lasted but as It stands now he's in on a week to week basis and assured of many layoffs when he's "not the type.- EDDIE CANTOR STARTS PICTURE EAST IN JUNE Guy Bolton and Comstock A Geet, respectively author and producers of *'Polly Prefeired.** won a com- plete victory with the reversal of the decision formerly In favor ot Ossip Dymow. the Russian play- wright who wrote "Personality,* alleged to have been plagiarized by Rolton In his play. Dymow's origi- nal victory was worth $110,000 in royalties, or $120,000 including costs, interest and a $G.000 counsol fee to Samuel R. Golding. his attorney, which was allowed by the court The reversal of the verdict also carriee with it a recommendation by Judge Charles M. Hough of the Circuit Court of Appeals to dis- miss the bill of complaint O'Brien. Malevinsky a DriscoU as counsel for Boltan retained fonner Judge Walter C. Noyes to argue the appeal, based on M. L. Malevinsky's famous play formula, which waa obviously the basis of Judge Hough's opinion. It was held that whUe the baskr skeleton may be somewhat similar, "it U with real dlfllculty that the flesh and blood, the incidental yet essential adornment and trimming of the play can be cut away to show similarity between a few bones." A sidelight on copyright and its interpretation is contained In Judge Hough's comment that "copyright, like all statutes, is made for plain people, and that copying, which li an infringement mut be something 'which ordinary observation \'ouId cause to be recognised as having been taken from' the work of an- other (King Syndicate vs. Fleischer). It requires df^sectlon rather than observation to dlst^em any resem- blance here. Ifthere was a copying (which we do not believe) it was permissible because this mere sub- section of a plot was not susceptible of copyright Decree reversed with costs." Dymow's lower oourt victory was based on the Federal Judge's opin- ion that "perhaps unconsciously de- fendant (Bolton) took the theme for his play after he had read 'Per? Honalfiy' and received the suggest tlon therefrom." This was In line with Dymow's allegation Bolton had bad his (the phtintifTs) script in his possession for some time with the Intention of a possible collaboration, until even- tually Bolton returned Dymow's play. Subsequently Tolly Preferred" was produced by Comstock A Gcst Eddie Cantor will commence the picture making of Flo Zh gfeld's "Kid BootH" for Famous Players in June, at the Long Island studios. "Kid Boots" will close its season May IS, after a tremendous money getting recok^ for two seasons. T^st week Variety reported from Washington that "Kid Boots" had done $23,500 on the week In that eity. Slightly In error, an the Can- tor show did $29,000 in Washington. Justine Johnston Out Justine Johnston loft "Hush Money" at the 49th Htro(?t Saturday. She was replaced by "Diiiny" Moore. Miss Moore wa.«» chri.sfoncd Flnr- f^nce, but d*'Hirod to e.^tablinh an Identity apart from "tho" F'I*>renre Moore. The younp actress is a Kraduate of a dramatic Hchool. She has played a few small parts here- tofore but Is credited with giving an excellent performance In Miss John- ston's role at last week's matlneoK. OOETZ-SELWYN SETTLE K. Ilay Coetz and Arch .S«?hvyn. who at one timo claimed c(;r.ni< t- ing contracts with regard to tho I'.aquel Meller enKagenirnt, liav« flcttlod thf^ir claims amitably and next Monday, when Mile. MolU r nr- rivee, Goetz will pay Sclwyn $J.5oO. In considersM(;n f»f thl.s. H'^lw;. ri walvf's all rights to iwr I' ral ai»- Henry Miller ill; New Show It Off "A Stranger In the House** sud- denly cancelled at the Henry Miller, where It was due to debut Monday night. Mr. Miller Is seriously 111 with pneumonia, stricken in the theatre Monday. Equity was advised of the situa- tion and the players were told they were free to accept other engage- ments. That meant the play will probably not be presented this H'.'ason. The show open*»d In Baltitnore lost Vf&ek an<l, under the two weel<8' minimum rule, a week's sal- ary Is due the cast. The Miller has been dark for a monlh, fallowing the abrupt closing fh«ie of ".Still WaterH. " Bennett's Name Dropped By Hammerstein's Order Li*r? Anc:»*l«''S, April 6. P#»rause Dave n<»nnetf. who staged "PatHy" hero, used som« of the rou- tines that fiijur^^d in •Hose-Marie." Arthur WarnriRTHtcin la said to have oid'-rt'd hlH name out of the pro* KHirfis of tho varirMifl "Hose-Marie'* fonij'anirs. "IIohi -Marie" has Just OJH ri*!(l h^TH, "Tlir tot« iu riolf" danro of "Roj^- Mar»(»" Ik in "i'al.';>" under the title "]Ut.:(- M r. h " o|)on<Ml well here In *M\<. I'i><><." iixl tlir local dailifS |>rr<Ji< f a ■ : I ruii f>ii- it.