Variety (Nov 1927)

Wednesday, November 9, 1927 LEGITIMATE SOUR BUYS AMONG AGENCIES: BROKERS DEMAND 4-WEEK LIMIT Agencies 'Tured'' Into Buying Flops—Must Carry Losses—Ni» Cluuice to Break—'""My Meryland'' ^ Toughest^ Sell on Broadway tTHli the number of acmiejr buys for the aew ehows m sreat «• In tenner yeftrs, «ro«d#fty'a theatre tkket hrokere are demaadlnf Urn* Jtatlon of euch deals by tha man- agers* There are 27 buys at present. Brokers appear to have • been lured in maklnsr buys foi attrac- tions which are flops, with the re- sult they have been forced to as- sume losses by dumping unsold allotmenta Into' eiit rates or "^t- ingr 'em;' Heretofore sour buys were equal- ised by the brokers getting excess premluma firom the hits. That ean- not be done by leading agencies at present, since the agencies are Tuttle-tied to an agreement not to sell at more than 60 oents premium, pending the outcome at ^Skti--J^im* ander test case. The brokers in the main havr come oat with the stipulation that buys are not to extend for more than four weeks. They were caught with a 12-week buy on Shuberts' "My Maryland." tlckeU hard to dis- pose of. " While other buys among the present list are for more than four weekii^^eifinmtioii, iiona are as troublesome' aa tha **Manr1aiid'' tickets. , Strenuous objeotlon was raised Monday when the scale for White's "Scandals" went to $6.60 each night this week except Wednesday. The boost was based on the double holiday—election (Tuesday) and Armistice Day (Friday). One agency refused to accept its allotment ex- cept with the privilege of 60 per eent retuni. Normally the return privilege is from 10 to 20 per cent. Another agency turned back its "Scandals" allotment in total. With the same show arranging a scale of $7.70 for Thank.sg-Iving week, the agencies are against handling the usual allotment for "Scandals/' pointing out that bad wmild result in heavy losse/ib AduMM Tu lairing Washington, D. C, Nov. 8. The Ways and Means CJommittee, hearing suggestions from various groups and individuals on tax re- vision, will hear arguments on the matter of admissions taxes Thurs- day. ' Congressman Sol Bloom of New York will appeal for the total re- moval of such taxes. He will rep- resent the public; acting oil a aiaas of telegrams and letters to that end. Prank Gillmore, executive secre- tary of Equity, and Paul N. Turner, Equity's counsellor, will arfua far a total removal also. Suggestions that the exemption limit be raised from 75-cent tickets up to $2 will be- fought on tha^#B0«iaiiSl|hat it would not be bemjciiil ta eiie legit- imnte thoatre. The New York sjroup will be completed by Ligon Jeainieii off the International Theatrical Associa- tion, representing attraction thea- tre owners throughout the country. Miss Patt^oa as ^Sunny' Los Angeles, Nov. 8. Helen Patterson is en rbute from New York to play the lead In "^Suuny," which opena rt the Miftmi Nov. 22. A number of people had been cast for fhp Marilyn Miller role here be- fore Uerhold O. Davis Anally turn^^d to New York for help. Others in the cast will be William Valontine, Joe Donohue, Peggy Hope, Nita Martan, Ernest Wood. Fred C. Holmes, Morgan Williams, 'VVend*!! Afarshall, Caiter Sexton, ^lary IJrorkner. EQUITY AND THE ROAD Working to Bring It Back—M. P. A. Condition Blquity is gathering data on the- atre conditions through the coun- try', pursuant to presenting a plan for "bringing back the roiad" to the managers. The plan la part of the proposed change in the Basic Mini- mum Agreement between the Man- agers' Protective Association and Equity, which the latter claimed was breached when two producers were supposed to have been ad- mitted last month without prior notifloaticAfi to Equity. While the M. P. A.-Equity standard contracts are being used for engaging play- ers, the dispute' is still to be finally a^hiatiid. Frank Gillmore accompanied by Paul N. Turner, Equity counsel, re- cently went out of town to work on the program which is td be pre- sented to the managers. In addi- tion to the hoped for road activity. Equity is desirous that the man- agers have egmmittees to Watch harmful legislation and taxation. Before the repo'rt Is to be made a number of questionnaires sent to owaiMNi of houses in Tarious por- tions of the country will be digest- ed. The matter of breaching the basic agreement may eventually be plaeed to arbitratieki. W GOING ON ROAD; mALIE" AT ZIEGFELD "^lo Rita** is said to be booked out of town at Christmas, with Boston the first stand. "Rosalie," the forthcoming Zlegfeld musical to star Marilyn Miller, Is named to succeed "Rio" at the Ziegfeld, I^eir York, at that time. *lU«n fomiahed a brilliant pre- miere for the new Ziegfeld theatre. It was rated the classiest of last season's musical comedy attractions and led Broadway's list from the mid-winter opening date throughout the season. It maintained high standing for grosses against the newer musicals, although lately has been affected by the business slump that included all Broadway attrac- tieikai lUo Rita" wUl have come close to a year's run, which was predicted for it. When the decision to send "Rio" out was made, * reports were that "Show Boat" would follow in but that show is slotted for the Lyric, New York, shortly before the holi- tfaars. The "Follles" Is still leading the list at the New Amsterdam across the street from the Lyric. Zieggy's "Three Musketeers'* is the likely successor of the 'ITollies" later in the winter or the early spring. CORPEE AGAIN PRODUCING Los Angeles, Nov. 8. Michael Corner, former lesse e and >»>a»inger of the Majestic, Wild Irft here .ibout f\x months ago when he closed the house after the run of tho olsen and Johnson revue there, has returned to Los Angeles. ^orjHT says he is negotiating for HnotlKT theatre in down town Los Angeles, with a seating capacity «f ^ 0 on th" lonrr floor and in which ' ' A ill pt oduce legit attractions. H£S. INSULL'S 1ST PLAT ^ ■ ■, : ■'■ ■- Chicago, Nov. 8. Mrs. Samuel InsuH's Rep theatre company has postponed Its open- ing from Monday (Nov. 14) to Tuesday. Cast has been rehearsing here under the direction of Priestly Morrisson and the flrst play will be Shaw's "Heartbreak House." George Kingsbury, manager of the Studebc'iker, has arranged for subscriptions for four shows every four weeks. mum AT BEUfORT Harry Netmes is back as treasurer of the Belmont, Now York; during the summer he was In charge of the bo'x office of the Vanderbilt. Leon Spachner and Arthur Wright have returned to the latter house after away for several months. Charles Gray, who assisted Nelmcs at the Vanderbilt for a time, Is at the Mftjestlc.— One Guy's Idea A new slant on the picture house thing i3 an independent legtt producer's deoision not to put out a musicnl comedy he has in preparation. The fancy salaries afforded talent In the film policies prompted this producer's con- clusion that at some future pe- riod he will have a better chance for "name** people at lesser siUaries. SHUBERT TARH' AID FOR FAVORED SHOWS TICKET INQUIRY RESUMED BY TUTTLE VARIETY AGENTS 47 New Arrow Service Cause— Victor House Assaito U. S. Attorney't Dietation Gross Added to by Cut-Rate Subterfuge—io Assistanoe to Unfavored Shows Chicago, Not. 8. Independent legitimate producers playing their showp in Shubert houses bare are incensed over the manner in which the Shuberts are running their special theatre party department. Shows favored by the brothers are aided by ''parties." others are not. The theatre party gag as oper- ated by the Shuberts has developed into a squarer of several badly lo- cated bouses around town. The Great Northern, handicap spot for any show, is currently cleaning up with "The Desert Song" with the help of the party agency. The O. N. hts Invariably been a turndown by the Inde producers when offered, but Schwab & Mandel are reported guaranteed the party side Una. By throwing their party agency and a special publicity department behind "Desert Song" and the G. H. theatre, the Bhuberta have succeed- ed in selling the house almost com- pletely to parties as many as ftve times a week, taking in the five evening and one matinee perform- ances from Monday to Thursday. The four shows Friday, Saturday and Sunday have natural capacity. "Desert Song" and the Great Northern were sold for $2,500 at each of the four week-day night shows, and $1,600 for the Wednes- day matinee, giving the house $11,- 500 before and without the week- end business. With the natural buy added, the entire weeks ara htttlflt from $24,000 to $28,000. The party racket is practically another way of cut-rating. "The Spider^** •«Tha R&mblera** aftd '*An American Tragedy" were re- fused party aid, though all were In Shubert houses when turned down. •y:;ountes« Maritza," an out and out Shubert production, comes into the Olympic and has already been sold on party arrangements for flMhr weeks. "The Spider," one of the shows refused the benefit conces- sion, Is now the Olympic's tenant. SHOWS CLOSING •^hat Every Woman Knows" was called in from the road tfeti, 29. It closed in Columbus. "Ned McCobb's Daughter" was withdrawn from the road after its recant engagement at Boston. "Among the Married," which was to have come to Broadway last week and was withdrawn after a second tryout, may be seen later in the season. Complete revlolott of the last act will be made. "Send No Money," produced by William Street, folded up after a two weeks' preliminary tour for re- vision and recasting. The piece had been set to come into New York this week but was scrapped instead. Shift MaL to Midnight For Football Crowd JjOB Angeles, Nor. t. On account of the football sea- son, matinees in legit theatres on Saturday have been very light, "^hr- Mayan, which is housing 'Twinkle Twinkle." a musical show, co-star- ring Joe Brown and Nancy Welford, tried a midnight matinee Instead. iMUt week the first of these was hfll on Saturday night with the hou.se capacity, after the show had done capacity on the regular even- WITH SOME MGRS ELMIRA STOCK ENDS KIniira, S. V.. Nov. i. Starvation business forced the closing of the Majestic Players at the Majestic here on Saturday. The company op'^ned on I^ahor Day. The future of the theatre is uncertain, i Amato as Napoleon "Lon Angel«'5. N'.v, 8. Pa«qual« Amato. who ♦'.-uiis hi* regular livelihood by singing in grand opera, is to ptay Napoleon in "Glorious Bet«^y." Wnrn^-r I^roth' r* picture starring Doiurej, C'oHtfiiu. The theatre ticket investigation started by U. S. Attorney Titttle last summer may belorn wtde'op^n again, with Tuttle's in<|Uirir ^ 1^ the activities of tha Arrow ilokfl Service. Inc., oonductihg business on the same stand as the Arrow Theatre Ticket Office, whlrh cor- poration recently dissolved. The latter was sij^natdry to Tuttle's agreement stipulating the 60-cent premium limit on the resale of tickets, Whereas the new corpora- Uon declares its right to aiplt ^ek- ets at any price, so loll^r ii Itei^^W Is complied with^the',; | i i 'li li M ll > of one-half of all ezeaM jpfiiilil^^ the government. It is thin provision of the law that is under legal test through the appeal of the Alexander case. The original Arrow otiice and its president, William Deutsch. were indicted and pleaded guilty, the de- cision awaiting the ♦(B^pBOBia Qf the Alexander decision. Joseph Orainsky, Interested with Deutsch in the original corporation, is now office manager lor llM MW Arrow firm. \ It was intiiBated tiuit Tiittic would now seek to indict Orainsky on the old charge. It w.as originally agreed Uiat the head of each agen- cy be nkmm ^ hi tha h U l etBi aii ta. Deutsch has retired from the ticket business, it is said, the Arrow peo- ple averring they could not remain in busing tmder tha Tttttia Haftlta* tion. The new Arrow office is selling tickets for successes at what prices they will bring and reporting such sales to the Incqme tax collector as required. Half of the excess pre- miums will be held in escrow pend- ing the Alexander decision. Victor* House, of House, Holt- husen & McCloskey, is counsel for the Arrow ageney. Mr. House, as former assistant U. S. attorney, op- posed Tuttle when the latter was in private practice. A clash hap- pened Vrlday and again lf«B«ay when Tuttle reopened the Investi- gation before Commissioner Cotter. House opposed such a reopening, co at s» il»g that Uie new Arrow Arm had committed no offense. Cotter overruled him, however, and the in- vestigation went ahead. Insisting that the new Amw con- cern because of Its neweness has not violated the revenue laws. House said! eHmtakal pro- ceedings talcen against^ other agen- cies were founded upon violations of the law. and it is only by reason of aueh vIolKtloas that Che IT. 0. at- torney has been enabled to apwiime in the public eye ttie position of arbiter of all the activities of the- atre ticket agencies. . . • No limi- tation upon the resale price is con- tained in the revenue laws or in any act of Congress, and such lim- itation, when enacted by the L«'g- islaturo of the State of New York, was held unconstitutional by the Supreme Court of tha t^^tted lHates. "That decision wa.s based on the Supreme Court's view that the pub- lic interest was no more involved In the fauel ne a i i f a i llfng tlMatre tickets than in provision and butoh- cr shops, and that the power to fix the prices of theatre tickets was not vested in the publla avthoritles. That power which wn« denied the Legislature of a State, the U. 8. At- torney has asHumed to exercise, by indirection, th lhakittf hia Mttla* tion of the business Jjk ^ftdltkm Of clenrjency. . • • "We have heard of 'secondary boycott* before, but this Is the first tinte that such a policy had t»een thought to be an instrumentality for the public enforcement of the law. There is something at war without former conceptions of equality be- fore the law in compelling men to Ko out of business or to conduct their businens in accordancr. with restrl'^ rionw definitely held to be un- constitutional. . . . that Grainsky should be subject individually to procf f (lins^s a;-'aln«t him, after the ■^ orpor Atioxi Willi which he was con- nected as its president pleaded gtrilty to the ofTense, after a tacit und'TftandinHT that such pleas ter- nilnated further proceedings, scfm" an excess of zeal In forcing upon th'* theatre ticket business the P«>li<-y apjtr'.vefl by the TT. S. at- Praclico Agents and Stand-in It is alleged that certain prodd%- in^ managers are Cutting in on tha fees of dramatic agents, the prae* tice not being confined to one mana* gerial firm. There are several caat« ing offices concerned and the kick- back is necessary for them to da business with certain producers. For soma llala ^^iiMr# baa been a remonstrance against casting agents charprlng 10 per cent, weekly of the salaries of actors placed by them. rhtk»! it •( five per cent. The agents have got- ten around the law by calllnR- them- selves personal representatives or managars."' .:t^vf f ,;• At least one agent who collected but five per cent, is said to have paid that much to a producer upon tha tatter's demand. When tha agent exclaimed that was his total share, the manager is reported re- marking that was his look-out and that ha shMd hare eodeefsd manb 'My Maryland' Coast Floir, San Francisco. Nov. 8. Shuberts will close "My Mary- littd** ht tfia thitraa Hot. it, and the entire production will be jumped back to New York, and thence to the storehouse. Initial plans were to take tha muaioal to OhiMMm fi» cast it and open In the Loop for a run, it being figured that "names^ might drag In some attendance. Later Instmetioas, however, wari to bring company Ml .fl««|p||M| back to Broadwsy. ' r: The ooaal M nai'fall for my Maryland.** Heavy losses wera chalked up since it opened at the Curran two weeks ago, with this treek y«t;to Ipa.;: ■ ■ Aatp#a IBiow 81^ Out for Bfore Fixing '*Funi|y Face." musical, will hot open at the Alvin, New York, Nov. 22, as per schedule, but.tylU hf.|MPC out to undergo fixing. Aaroha a l^eedly, produaefli af the musical starring Fred and Adelo Afltaire, arrived at this conclusion laHt week. Victor Mooro will be added to share aamadr MMVi #fia William Kent, a special part being written Into the show for Moore. Allan Keams Will supplant Stanley Ridges, and Lillian Roth IM be added. WbatI No Girl Show! , Syracuse, Nov. 8. The annual Colgate-Syracuse football clash aagMa aaturdayv bringing to Syracuse the biggest crowd of the year. The Wieting, however, instead of a mtisical at* traction as an after-the-game lur% will have pictures, leaving the thou- sands of amuseraeat seekers depend- aiii ii^bii tkreiPh-day i^mdevllla for their spoken entertainment A musical show with a fair reputa- tion would have played to ti. K. O. buainfM on Mt^^ ttAOOMrtltiittoMl by tha: Tuttfa>raa4 Tuttlo said he was "proud that he had been attacked for his efforts against the agencies." He^'said that his previous investigation had un- covered graft and Koiif,'lnp, and tliat the Arrow was attempting to be relieved of the terms of the SO cent agreement. He also said the assesKment apalnst the original Ar- row was 8115,000, claiinea as the government's share on tickets sold at excess prices. Jack L^vey, who condtjcterl the Premier Agenty, wrnt out of tlto- tlcket business last week. Lsvey bad Hli,'ned the Tun;, ncrrrement. Ho W '.in arrestcfi fur b»'lling at more th in r»0 centH over box offlce prices rf«crtitly and sentenced to al^t rnonfijs- In Jn!l. A st.iy r^ending the torney, though, herelofore, d<.chu-c<l i Alexander rase freed him.