Variety (Mar 1927)

38 VARIETY LEGITIMATE Wednesday, March lfl, 1927 MGR. CAUSES REVUE UNDRESS ARRESTS AT HIS OWN HOUSE Wintz's "Music Box Revue" Choristers Too Thinly Clad to Please Mississippi Theatre Owner—Re- form Wave Has Hit Other Musicals New Orleans, March 15. George Wintz's road edition ol the "Music Box" revue ran Into a snag at Jackson, Miss., when 18 members of the company were arrested on a charge of "indecent exposure." They were later released on bonds aggre- gating $10,500. Hearing on the charge will be held in the Jackson county court before Judge A. H. Longino. The show had been billed in Jackson for two performances, but there was no presentation the sec- ond night. The company moved on to Natchez, Miss. Wintz, who owns the show, was placed under t. separate $2,000 bond. Later affidavits were filed against the entire company, numbering 57 Peculiarly, the original charge was filed by R. E. Kennlngton, one of the owners of the theatre that offered the attraction. Kennlngton stated the chorus was scantily clad, the dances vulgar and the jokes suggestive. He said he brought the matter up as a private citizen who witnessed the performance and not as a theatrical manager. Musical attractions have been having no end of trouble In Missis- sippi, where a reform wave Is the entire state. Jackson, Miss., March 15. With an Imposing array of coun- sel retained by both sides, the hear- ing of defendants was set for Mon- day morning. The case will be prosecuted by District Attorney J. H. Howie, who freely admits hj purpose is to "break up the show. To this end he ordered the fifteen girls and three men to be brought back from Louisiana, where the show is appearing, Instead of al lowing one or more to appear for the group, which la permissible un der the Mississippi law, on agree ment of counsel. Attorneys for the defense are Chalmers Potter, son of the cir- cuit Judge of this district; Cassidy Holden, son of an associate justice of the Supreme Court, and State Senator Carl Marshall, of Bay St. Louis, Miss. The defendants sped via automo- bile from Monroe, La., to Jackson Sunday night. The "Music Box Revue" played matinee and night March 12, and immediately follow- ing the night show the defendants were loaded into automobiles and started on their 150-mile journey. Wintz, aided by the Saenger Amusement Company, summoned other girls by wire, and the full cast will be roady Monday night. Due to the closing of a show at Athens, Ohio, a number of experienced girls who were in the employ of producer Wintz became immediately avail- P. A. Calling Shots Los Angeles, March 15. Duke Orbach, freelance press agent, calls his shots. On the head of his copy ap- pears the inscription: "Facts, near facts and (confidentially) HO HART VICTORIOUS Flo Hart emerged victorious in a Surrogate's Court tilt before Surro- gate James A. Foley, who affirmed Referee Benjamin F. Schreiber's re- port in her favor refusing to oust the former "Follies" girl as ad- ministratrix of the $150,000 left by her late husband, Fred Belcher. Maxtne Frederickt Belcher, a Tufts student and the deceased music publishers' daughter by a former marriage, is proceeding against her step-mother, guardian, to remove Miss administratrix. Flo Hart married Belcher after a courtship of seven years In May, 191». He died In September of that year, leaving her $50,000 insurance out of a $100,000 policy, cut In half because of a hitch in insurance premium remittance. By Belcher's will. Miss Hart and Miss Belcher were the sole beneficiaries. Valuable holdings in the Detroit Creamery Co., controlled by Jerome H. Remick, of whose publishing firm Belcher was treasurer, are part of the $150,000 estate. It has been tied up In the courts for six years. Last Saturday In the New York "Journal" and over 100 syndicated newspapers. Miss Hart started pub- lication of her memoirs. She deals with her romance with the music man, also Kenneth Harlan, her third husband, and with Lowell Sherman, whom she "threw over." MR. JEAN BARRIOS who Ib now touring Australia and New Zealand proving a sensational hit. Mr. Barrios has Just completed 1« weeks and created such a box- office draw he has been retained for 12 more weeks; all new scenery, new songs, new gowns. Melbourne "SPECTATOR" said: 'The feature of the bill is Jean Barrios, who proved a sensation. This is the cleverest and best dressed act I have i><sen in 2S years. We have had Impersonators before, but Mr. Barrios is far ahead of any other impersonator reviewed In three continents. He Is an artist to his finger tips." 'RAMBLERS" CUT CHORUS *10 Weekly Sliced from $50—Sev- eral Boys and Girls Leave Kennlngton, who is a prominent ness man here, was formerly the head of the local theatres. These were later taken over, accordi. g to , Wintz, by the Kennlngton-Saenger Theatres, Inc., which is subsidiary of the Saenger organization. Ken- nlngton now has no voice whatever In the operation of the theatres, Wintz says. Representatives of the Saenger organization have been here throughout the controversy and are assisting Producer Wintz In every way, being outraged at Kennington's action. Kennirigton attended the opening performance of the "Music Box Re- vue," despite the fact that it was also opening night of a large and 1 widely heralded revival service In the church of which he is a promi- nent member, Wintz declares. It is reported that Kennlngton has po- litical ambitions. When Carroll King, personal rep- resentative of Wintz, arrived in Jackson he says he found public sentiment in favor of the defense. Kennlngton is a department store owner, and his side of the story had been given prominence In local papers. In order to get the other side of the story before the public. King prepared a statement and pur- chased space for Its publication. This did not discuss the production but instead cited sixteen Instances A clip of $10 weekly Imposed upon the choristers of "The Ram biers" at the Lyric, New York, Is said to have been met by some of the boys and girls with a notice of departure. Their salary had been $50 weekly, with a continuance at $40. "The Ramblers" gross of late slipped below $30,000 weekly, get- ting as low as $25,000 one week. A try may be made to continue the Goodman show at the Lyric until Decoration Day or later, with a possibility cut rates will be called upon for b. o. aid as the weather grows warmer. New House Hurt Stock Canton, O., March 15. Grand Players, at the Grand, the past five weeks closed Sunday, fast headed by Mary Ann Dcntler, Nell Buckley and Edward Clarke Lilley. Patronage dropped after the opening of the new Loew the atre, Canton. 100 STOCKHOLDERS IN Another Levy of $10 Asked— Shares at $60 So Far Cost $110 in Music Box, Inc. Holmesdale an Earl; Did Leg Workon 'World' Jeffery Holmesdale, of the dramatic staff of "The World," last week became the fourth Earl of Amherst, a title to which he was heir and which fell upon him when his father, the third Earl, died. Holmes- dale had sailed on the "Olym- pic" Friday night a week ago, knowing at the time that his father was seriously 111. In New York he never mentioned the fact that he was a titled Englishman, going his re- porter's rounds as any other newspaperman — for his job was doing the leg work of the paper's dramatic department. Holmesdale declared his in- tention of returning to this country before leaving, al- though that is now doubtful. He is 31, the possessor of a military Cross for Valor, awarded for gallantry during the World War, in which he was a captain of the Cold- stream Guards. Deeply inter- ested In the theatre, he was given the assignment on "The World" after putting In a couple of years as their ship news reporter. „ of persecution and arbitrary action I the hearing. and appealed for fair play. Sunday n^ornlng a full page advertisement of press comments from nearby cities, all praising the show, was carried. In the same Issues of the papers appeared an editorial against revues in general and the Music Box specifically, but neither of the papers could or did charge that it was the worst show seen here. With one-man censorship looming up and state-wide censorship an immediate issue, depending upon the outcome of the hearing, the case has drawn wiiespread at- tention. So sharp is the censorship issue that the Saenger offices are said by King to be holding up Mississippi bocUngs pending the outcome of Los Angeles. March 15. Hollywood Music Box. Inc., the corporation that backed the Carter De Haven Revue at the Hollywood Music Box, la to Issue a levy of 10 per cent on stockholders shortly for the purpose of raising some $17,617.15 due the government for admission tax. This statement Is made In a letter of explanation to the stockholders of the corporation who have been asked for a second cessment. Prior being leased to Louis O. Macloon the stockholders were given a 25. per cent touch. The statement to the stockhold- ers, of whom there are said to be around 100, all prominent In pic- tures from all branches, says that $100,000 cash, all of the original capital of the company, had been spent prior to the opening and that another $100,000 indebtedness was incurred after that, of which amount more than one-half has been paid off. Also It Is pointed out that when the company found out that it could do no business on its own that the house was sub-leased to Macloon for five years, that he paid $25,000 toward the rental of the last six months of his term of occu- pancy in advance and that the weekly rental will represent a prof- It of almost $1,000 a month, or $55,000 for the five years that Mac- loon Is expected to remain a ten- ant. The $25,000 he paid over was used to pay off pressing debts. • At present the 861 shares of stock outstanding are said to represent a value of $65 a share, while the cost to the stockholders. Including the first assessment, is $110 a share. Should Macloon go through with his five-year lease the stock will be worth $100 a share, showing a loss of $10 above that figure per share already, besides the 10 per "GORILLA" LITIGATION The stock and rep rights to "The Gorilla" are in litigation. Spence Service, Inc., on behalf of Ralph Spence, author of the mystery meller, is suing Co-National Plays, Inc., and has been granted permis slon to audit the Co-N. books to formulate a complaint. The grievance Is that not enough royalty has been accounted for be- yond the $2,500 paid in advance and $12,451 thereafter. Co-National has a five-year con tract at 10 percent, commission for the leasing of the stock, repertory, Chautauqua and kindred rights. Of the remaining 90 percent of the pro ceeds, half is to be turned over to the Gorilla Corp., of which Donald Gallagher is president, and the re- maining 45 percent to Spence Ser- vice, Inc., controlled by Ralph Spence and his lawyer, Walter N, Sellgsberg. Frank O. Miller, on behalf of Co National, permitted Spence's audi tor to inspect but one ledger. This proved insufficient for purposes of complaint, hence the formal court order to give the auditor full In- spection of all documents, ledgers, check books, etc., it being Spence's contention that since he was not In active competition with Co-National this information would not damage the defendant. KAY'S POSTS BOND OF $20,000 FOR ARROW Injunction Proceed- ings—3 Kay Employes Walk Out Kay's ticket office, conducted by Harry A. Kaufman on the ground floor of the Astor theatre building, was required to post a bond of $20,- 000 as a result of the recent Injunc- tion proceedings started by the Ar- row ticket office, managed by Joe Gransky on the other side of the theatre entrance. The bond is to protect the Arrow from any losses through Kay's competition. Under the terms of an agreement between Gransky and Walter Reade (Rosenberg), reputed backer of Kay's and lessee of the Astor the- atre property, it had been agreed that no ticket office be spotted in the Astor site. That was In return for $1,000 which Gransky paid Charles A. Cohen, who formerly did business in the Astor building hall- way. One day Reade kicked Cohen out, also his furniture, but the case was settled out of court, Cohen be- ing salved by the grand Gransky forked over. Last week Reade through Kay offered to settle with the Arrow for $5,000. Gransky rofused, saying the case had cost him $6,000 to date In attorney's fees and possible loss In trade. Later Reade offered to bet Gransky $25,000 that he would beat him In court. Last week James Peppard, Miss Murray and others in Kay's office walked out. The ticket workers are preparing to open an agency of their own In the Strand theatre building. 'SEX' MOTION LOST; TRIAL SHORTLY DUE Judge Levine Denies Motion to Inspect Grand Jury Minutes —'Virgin Man' Trial Friday STAGES SCREEN ROLE V/yndham Standi ng in Version of "Smiling Through" in L. A. Los Angeles. March II. 22,000 SUBSCRIBERS NO ATTACHED TO GUILD Sixth and Last of Season's Productions in Re- hearsal The Theatre Guild has five pro- ductions currently, with the sixth and last of their subscription sea- son now in rehearsal. The former Include "The Silver Cord" and "Ned McCobb's Daugh- ter," alternate bills at the Golden; "Brothers Karamazov," at the Guild; "Right Tou Are if You Think You Are" for a series of special matinees, and "Pygmalion. 1 The other Guild production is "The Second Man," by S. N. Behrman. "Pygmalion" will be taken to the Adelphi, Philadelphia, for a single week's engagement, April 4, and will then return to New York to finish out the season. During the week "Pygmalion" Is in Philadelphia the Rochester Opera Company will oc- cupy the Guild, New York, for a series of three operas In English. The Guild has Increased Its sub' scriptlon patronage to 22,000, strik- ing the latter average last week. Wyndham Standing, screen actor, has been engaged for "Smiling Through," which will be the next attraction at the Belmont following the James Klrkwood-Llla Lee en- gagement in "The Man Who Came Back." Standing was In the film version of "Smiling' Through" made some years ago for Norma Talmadge. Lowell, Mass., March 16. Bertha Beaulieu of this city, known on the New York stage as Mile. Jeanne Beaulieu, will be mar- ried in April to August Gullbault of Chicago. She has recently been engaged In screen work at the old Vitagraph Flatbush studio for the Boheme Film Co. A motion to Inspect the minutes of the Grand Jury which Indicted Mao West, star; W. C. Morgen- stern, 21 members of the cast of "Sex" and two corporations was denied by Judge Max S. Levine in General Sessions Monday. It means that the defendants must face trial by jury. Judge Levine, in denying the motion without the usual formality of having briefs submitted, declared that the public Interest would bet- ter be served by a speedy trial of the defendants. The Indictments charge the defendants with giving indecent exhibition and with maintaining a nuisance. John Cort, veteran theatrical manager and producer, is one of those under indictment. Harold Spielberg, attorney for the defendants, In his motion, asserted that indictments were insufficient so far as legal evidence was con- cerned. He declared that it was an outrage to have arrested the actors and to have tried to stop the show after It had been playing for a year and had been "passed" by a play Jury on which sat a former member of President Wilson's Cabi- net Spielberg insisted he was not making the motion for the purpose of delaying the trial. Assistant District Attorney James Garrett Wallace said that the action of Judge Levine Will help to bring the case to a speedy trial. As to the case against the mem- bers of the cast of "The Virgin Man," denied a jury trial, Friday has been set for the hearing in Special Sessions. If convicted, the defendants can be given an Inde- terminate sentence up to three years In the penitentiary. When the case was last called the Justices at that time made It positive that the case must be tried Friday. Wilkes Lights Majestic Los Angeles, March 16. Tom Wilkes reopens the Majcstlo this week with "The Gorilla" as the Initial attraction. The house haa been dark for three weeks, since "After 8 P. M " ended Us run there. Mayer's New Play Los Angeles, March 15. Edwin Justus Mayer, out here for the production of "The Fire- brand," due shortly at the El Capl- tan, has written a play called "Jonathan Wild."