Variety (Jan 1928)

56 VARIETY LEGIT I M A T E TWO COLLABORATING AUTHORS ON SPLIT Oursler Wants 25% More Than Half of "Solder's" Royalty^ 50-50 With Brentano =11."= Wednesday, January 25, 1928 ■ TlvG uniisiidT. inFtarico of coMbo- rators- on. a .succcsi-rul x>h\y suing one .anotliox" for' a;(livision of royal- ties, ifs tbo . Iftigation now pcrirling.' In Xcw Yor^c Huprcmo Cou.rt by Charles Fulton Qurbler against ■liowell, Brentano, his collaborator on "Tlie Spider," and Albert. LewiS; its producer, T\'ho i3 a necessary technical defendant, Oursler is not .catisficd ' wini .his. ^.O-fiO 'pcrcontagc of. the royalty 'fi;.ojii the melodra- matic success ancl' is-.suing- Brentano and Lewis for an additional' 25 per «ent roj-alt-y: "o.ri all- rights, including ^Broad\vay, picture;. stock, ' foreign, etc. •■ .The Ourslor-Bretano collabora- tion' is. an involved affaii", TA'ith Ourslci'.alleging "The Spider'' is, hot .pnly his original story but chiefly his creation. In addition vto which he placed the script with Lewis for production. Lowell Brentano is: of the Brentano book publishing com- pany. From correspondence Introduced In .evidence in tiie litigation, it is admitted that Bretaho paid Oursler. 1500 additional, for his. services in rewriting, and later: ^nailed Oursler a $2,500 check to further, co.mpen- Bate him for his services, which Ouf.'sler returned. * Wives In On It Brentano had agreed to a CO-40 iBplit on tho royalties with Oursler on the long end, in view of Mrs. Oursler's material conl^ributions on the collaboratlon.V • Thei creation of "The Spider" was somew,h'at of a family affair, both aui(/lii>i"s' vrl'^es contributing, with Mrs. Oursler the most.- . Oursler's attornejv .Arthur Gar- field Ilays, of- Hays, St. John & Buckley, had also turned .down a profCet- for a stipulated weekly In ^tallmont settlement out of Bren tanp's royalties to reimburse Ours ler for his greater contribution. TV'ith Oursler starting .litigation after Hays had advised, he was rtSticcnt to ro so because, of the publicity iand in view of the sp.veral la\ysuit.g already pending against tho producer, cast/ and .-authors of "The Spider" for alleged copyright Infringement, Brentano's lawyer has filed an answer that it is a trade custorii for playwrights and au- thors' to render as much .service as necessary for the proper ijrescnta tion of a stage production, and for this reason Oursler was not entitled to additional compensation as au- thor.. Monday, in tho Federal court, another of the series of copyright Infringement suits against "The Bplder" producers and authors was fetartcd ^)y Philip Hum and Percy Mprgarif/ Jr., naming Oursler, Bren- ' tano, Lewis, Sam Harris, the Shu- berts and the cast of ;the meller Hurn and Morgan's illeged in- frlriged-upon play is ptled ''The •Evil Hourv-' -and- they -value.:.^^^ property at $250,000, asking for the Usual injunction, accounting.s, etc. Jake Was Wrong kiginal Players in ''BMes'' for London For the London . production of Gentlemen Prefer Blondes'.' March 5 a;t the Adelphi, William Gaunt producing, John Emerson is han- dling it. from this end. Edgar Selwyn bowed out after Gauiit failed to take up hia first option, expiring in November. Edna Hibbard-will play her orig- inal role Qt Dorothy, the gold dig- ger's pal, with a clause In the con- tract stating that no one Is to be billed over her abroad. There was a similar clause In her original con- tract for the New York production but June Walker got top blliing. Joan Bburdelle is mentioned as a probahle Lorelei but has not y.et leeh signed. The part for London was promised by Edgar Selwyn to Joan Marion, who pliyied it In the Coast company last season. Miss Marlon turned down a couple of good offers earlier in the season to be ready to sail when wanted, only to find herself out when Emerson took charge. Two other members of the orig- inal company, Georges- Remain and Adrian Rosley, who played the French lawyers; are going to Lon- don. Both are now with "Lovely Lady.". _ : "MARRIED VIRGIN" IN I. A. IjOS Angeles, Jan, 24. . Lou Wiswell, lessee of the Egan theatre, is mbvinff "Undertow'- to the Hollywood-Playhouse, as he :has arranged with Sidney Goldtree to bring "The Married Virgin" from 8an Francisco'to the Egan. It . Is diiO to open here next Monday (Jan; 30). . Thiere is a. chance local author Jtlos miay take measures to .stoji the flhow, as Frisco niadc ari'osts. when the pieco opened tliero; although the cast was acquitted. **Kreutzer Sonata" Claim ; The Jacob M. Gordin Estate, Inc. -=has-a ppcaled=jLQi_-llieJCe^ to protect the deceased "YidSW playwrig:ht's copyrighted play, "The Kreutzer ' Sonata." Harrison Gray Flske, Bertha Kalisch, Leopold Spachner (her husband) and Lee Bhubert (sued as Leo S. Schubert) are charged with unauthorizcdly pro ducing the Yiddish play in English •with the- Yiddish-English actress, Miss Kallsch, starred. Gordin died Intestate in 1909 and his Incorporated estate has the playwright's works under its maii- Tlie "Greenwich Village Fol- lies" opened last week in New- ark, N. J., at the Shubert, operated by Morris. Sohlcs- Bingcr. J. J, Shubert . was on hand ^ to watch the perform- ance. The iattcr noticed a long lino of people trying tb buy tickets and the followingSday the iino was doubled up and longer. Shubert .thereupon started to bawl Schlcsslnger, saying; the box office Svas run all wrong, as he had noticed several peo- ple turn away from the lobby without..tickets. . "It isn't co.sti'ng you any- thing," replied Schlcsslnger, "that line is buying in .iidvance for -Ziegfeld's "Follies." Novice Playwright Thinks New Authors Ignored 27 Lenox .Road, . Brooklyn, N. Y., Jan. 18, . Editor Variety: You say. in this week's Variety: "Now and then mangerlal sentiment expresses the Idea that there -are not enough authors to supply New York's manj^ theatres." There are plenty of authors, good authors, too, only the managers do not know how to find them,. I think It may be regarded as, axiomatic that a new author- seldom' gets a real chance to sho\y his \var.es to those managers who produce plays with their own money. If an importivnt manager produces a play by a newcomer. It is usually . be- cause that play lias been brought to his attention by -someone he knows, or in whose judgment he believes. But there, are lots of other plays, better than many whicll are being produced in New. York, livhich ate being marketed without success. Of course, there are thousands of people Tvriting plays who. have no business writing anything at all. And it is because of this fact that the beginner who^ has iability to write finds It so difficult to atta,in a hearing.. I have myself.- written a " good many plays without getting'; any- where. Peoplie who should know, author's agents, and thff like, tell me that some of rhy scripts are as good and better than many of the plays which are achieving production. They tell me that my dialogues are "marvelous." r .Yet I have. still to find any eager manager on my trail anxious to enlist my services. I am sure if the mana,ger& look hard enough they will, find many authors, who are able, to write plays to. fill the theatres, and to make money for both the mianagers and themselves. Van Velsor ' Bmith. 5 Girls in One Role Estelle WlnwQod, the vamp Jn "We Never Learn," the . Daisy Wolf play at the Eltlnge, was the fifth girl to tackle tlie part before it opened Monday, Helen Flint was first, arid out fifter a fevfr- days. Then Mrs. Charles Ray, followed by Peggy Allenby. After her, . Margot Kelly, who. lasted about three performances. Mrs. Ray hopped back in for a wecic. to help but while Miss Wjriwood got up In the part. Elizabeth ' Rlsdon -has ■ the lead. She followed Phyllis Povah, who walked out during rehearsal .g.- GARRICK RENT DOUBLES Shuberts Lease Direct at $100,000-^ J., L. & S. Paid $50,000 Chicago, Jan, 24. Lease 'on the Garrick (legit) rc- vei;,ts to the Shuberts, who have been sub-leasing the Randolph street house from Jones, Llnlck &. Schafer,. lessees, since June 1, 1920. Trans- fer is said to involve payment of $100,000 by the Shuberts. They had been paying $75,000 yearly rental to J., L. & S., who had been leasing from the Garrick Building . Corp., owner, for $25,000 less. The lease, is now held In the name of Autumn Theatre Company, Shubert subsidiary, and rims until April 30, 1948. **Barker" in Miiin Stock Sets Record for Season Minneapolis^ "Jan. 24, "The King's Henchman," at the Metropolitan, grossed the respect- able total of approximately $7,000 for two perfoi'mances. Balcony and gallery were completely sold out both^ nights, but there were empty seats on the ground floor, scaled iat $4.40. Given a splendid performance. The Barker" drew the best busi- ness of the season to the Shubert (Bainbridge stock), close to $7,000, despite furious gales and frigid weather.the lattrt* part of the week. The McCall-Brld&e Players (musi- cal comedy tab) went close to $6,000 with "Don't Lie to Your Wife"-at tlie Palace. "Moonlight Maids," United burlesque, about $4,800 at the Gayety. *^Booster" Off as Cast Balks at BVay Gamble "The Booster," tried out at Bay- onnc, 1^ X,' and" seheduled to.^moe into New York, Is temporarily if not permanently off. New finances figured to bring the" show into New York retired and several of the cast have since signed for other-engagements. ."The. Booster" had: been floated for tryout on a commonwealth basis, but actors insisted on salary for the New York engagement. Row Ends "Spr. 3100" Proposed revival of "Spring 3100," which George ("Lefty") Miller tried out several weeks ago is temporarily off becau.so . of . a jam between Miller and Argylo Camp ■bell, author. ■ -. Campbell, who directed the piece on previous tryout, has exercised author's prerogative arid has re- fused Miller £u"theruac of the. pin \ =Miller--had^rcpiDxtCji^tlie^jpie^co^_f^^ rehearsal with Campbell retaliatlrig by threats of an Injunction. Macloon's "Burlesque" San Francisco, Jan. 24.: Either Louis or Mrs. Louis Mac loon has been In touch with Ar thur llopklns. It means that "Bur lesquo" is due to bow. in' here around March 15. A cast of "Coast defender.^" will iconipi'isc the playing troupe. Gaige and Lewis In On Nile life Plan ...Crosby Gaige and Albert Lewis have formed a temporary produc- ing partnership, for "Black Belt;'' a comedy on Harlem's night life. Pro- duction will be made in March with a cast, of three white principals and remainder colored. The Gaige-Lewis ; combination is new for Broadway. Gaige has been co-producer with Ject Harris on !*Sroadway" and "Coquette," also In with Earle Boothe ''on "Shannons on Broadway." Lewis, has produced until now in association witit 6am H. Harris* the last of that combirie being "The Spider." BRADY "DOES A COHAN" Manager Playing Lead in "Free Soul" in. Lonergan's Illness "William, A, Brady . went into th.e lead role of his production, "A Free Soul," at the Plaiyhouse Thursday night, replacing Lester Lonergan, who was forced abed -with a heart attack. It is said the part was too arduouii. for Lonergah, who had been advised by his physician against accepting it. Monday the show "was" moved to the Klaw, Brady remaijilng and .being adver- tised as the feature player. It is the second time this season for an actor-manager'to jump, into his own show. When Arthur Deagon died in Bc-stOn last summer, George M. Cohan went into "The Merry Malones" and Is still with the Mtraction. ENGAGEMENTS Milton iSchuster, Chicago broker; Virginia Stuart and Dougla.s Hope, McCall Bridge Players, Minneap- olis; Jerry Dean Gordon, Cipitol, Kansas City; Alan Gilbert artd Ken- neth Christy, Colonial, Detroit; Andy Duncan, FIftli Avenue, Nash- ville; • Teddy. Bars, Bobby Ryan, Lynn Dunn and Jack Burke, Star and Garter burlesque, Chicago; "Walter Webber, Haymarket bur- lesque, Chicago; Tommie Hayes, Palace,- Buffalo; Chick . Kimball, Leola Loeb, Mabel Ford, Red Will^olte and ErvII Hart to the Paden player.*?, Regent theatre, Mus- 'kegon, -Mjchr- -Jack—Menzies, _^and. Clyde Hedges to tho Arthur Hlg- glns players, Hippodromff theatre, Alton, Illinois. -Evelyn Leonard, Elsie Moss,. Elsie Plesz and Jean Little to the Hackett Players, Marietta, Ohio. Jack A. Wall to the Mack players, Feeley theatre, Haz- elton,. Pa. Mary Flaherty and James Thomson to the'McGall Bridge play- ers, ' Palace theatre, Minneapolis. Jack arid Hazel LeYois, Diigari and Ryan, Irene Newman,. Dorothy La Rue, Don Adams, Pauline Elliott, Vera. Dunlap, Grace Cole and Betty Keller to the Star-Garter burlesque, Chicago, and Jben Tlbbet to the State-Congress .burlesque, Chicago/ Mllo T. Bennett, Chicago: Maria Wood Powers, Katherlne Dale, Rob- ert, Sherwood, Jack Slmond.'3, job- bing with Chateau stock company. Chateau, tlieatro, Chicago, Arthur Allnrd to Chateau stock, Chateau theatre, Chicago, for leads. William TJonnett to Wriglit players, Dayton, Ohio. Mabel Leigh arid" Helen K Mayin to tho Trousd.T-lo- Players, Wes.t;jUlca,trOt .IllUiUS-^-'-. Mppt. Rob; ert Sherwood, Geoi^ge' rcriTbrol<o"753fd Kcatrico Leibleo to tho Evanston theatre 'players, Evanston, 111 Verna Ward to tho Peruchl stock company, Tampa, Fla. Mabel Carlo, Idabello Arnold, Mrs; Claire Center, Rethol Barth, Bruce Kent atid Ethel Castln to tlio Ch.ateau theatre play ers, Chicago,.- John Ellisi, Robert Sherwood, Craig Roylston, Jbe 6s- borni Earle Forde, Alfe Bruce and Louis Ramsdcll to the Newspaper Film company, for pictures. Irene Rlauvolt, Craig Royl.ston and others to radio station WLS. " Young Reynolds Sued By "Widow" Principals Unpaid principals of the ill-fated musical "Half a Widow" have re- tained Raymond J. Riley,- attorney of. 60 Court street, Brooklyn, to bring suit against Richard Rey- nolds, Jr., "angel" of the show to recover the final ■week's .salary and two weeks additional, through tlie show closing without notice. Salary claims total $12,000, arid were placed in the hands of Riley, private attorney, when Equity claimed the principals waiving of bond took the matter out of its jurisdiction. Chorus had been pro- tected by a bond. Young Reynolds is reported so- journing abroa(V after having di-opped, nearly._$100,00 q pn_the mu- sical production venture and" livinjgr upon a modest allowance for . the next three years when , he win conie into $6,000,000, ai3 his initial ,allot- ment of the tobacco fortune. "OH, JOHNNY" aOSED; DIDN'T POST GUARANTY Principals Waived Bond) But Producers Couldn't Raise $845 to Protect Chorus \ "Oh, Johnny," musical come<iy, slated for-Broadway- abruptly closed. Monday, The show, wag- tp have played Telier'Si Brooklyn, N. Y.j but the audience was . dismisised When the producers failed to post a salary guarantee as required by Equity. Last week in the Bronx' only the chorus was paid. Equity paying off the principals with salary guaran- tee money. .The management was called on; to replenish the guar- antee. Monday, night the cast waived the salary bond, deciding to- take a chance on the box office re- ceipts. There was no. objection by the Equity representative, except that tiie latter Insisted the chorus be protected. : Only $845 .-was asked for that purpose,' but the producers wer^ unable to raise that amount. - The show was presented by Harry Oshrin and Joseph Klein, but Jacobs HirSh Is reported as the actual backer. Hirsh is in the Insurance business. Legal Test of 8-Wcek Moving Restriction . A clau.se in the Chanln contract similar to the one included in all Shubert contracts prohibiting an attraction from appearing. in any- other New York, theatre within eight -weeks will be tested at law for the first time In the case of Phillip ; Rpsenwasser, producer of "Oh, Ernest," one of last season's flopSi. • - . . . Rosenwasser, son of a wealthy shoe manufacturer who bankrolled the musical, decided to close the show after four weeks arid a $60,000 loss. Rosenwasser consulted Will A. Page for, advice. The latter sug- gested "Oh, Ernest" get off the side streets and onto Broadway. Page got Rosenwasser the Carroll tlieatro and "Oh, Ernest" moved out of Chanin's Royale, -Page was to have received one per cent of the gross as booking fee and $250 weekly for publicity, The show" survived two weeks at the Carroll. The Chanins are now suing Ro- senwasser and his father for eight weeks' rent for the Royale, oh the claim that they had no right to move the show to any other theatre within eight weeks. At the time of the move to the" Carroll the Chahiiis attempted to get a temporary in- junction to prevent the transfer, but the application wijs denied. The case is due to come up to- morrow (Jan. 26). HofFenstein Resigns After 12 Years with Al Woods iSamuel Hoffensteln, poet and publicist, regarded as a fixture with the A. .H. Woods office, has resigned after holding the berth 12 years. Iloffenstein will devote his time to literary pursuits. His first as- signment Is theatrical. He has started on ah operetta with "a Broadway background. Otto H. Kahn is reported having subsidized Hoflle. in the forni of an advande on expected royalties. Losses=Not-Hea«y,-L Anna, : Anna Held Co,,- Inc. (Anna Held, Jr.), has "Quicksand" in rehearsal, set to open Jan. 25 in New Haven, with. Robert Ames and Anne For- rest featured. It is the first play written by Vincent Lawrence with- out a collaborator. Miss Held protests "against re- ports of her heavy losses on "Rest- less Women," and says the sale of the picture rights and stock royal- ties will get her "off the hook." "Happy" Payroll Met "Happy," musical comedy, closed at the Earl Carroll last Saturday," Equity paying off the company with a cash deposit. The show was pre- sented by Murray Phillips, but the real backer was Edward Gray who composed the score. The loss la said to have been around $35,000. Gray's unpaid royalty Is over $5,000. It^se^mj 't^ paid the show, off the preyiDusr"^eek" by means of a. bond filed there. Last week money was put up daily with Equity to protect the players, On Saturday there was $521 short of the salary list. Equity thereupon calling oh Chris Scalfe, manager p£ the Carroll, to guarantee that amount. Otherwise the -final. per- formances would be called eft. Scaife withheld that amount from the" company share and transmit- ted it. to Equity Monday. . Post-Holiday Slump Tho, Park Playfers closed at thei Park, Erie, Pa. . The company had been unpaid the previous week' until wiring to Equity with the latter forwarding' salaries deducted from the bond posted. IBSEN'g yOBILEE The Ibsen Jubilee to be held Iri Norway has been fiet to begin, March 20'In Norway. The celebra- tion will mark-the centenary of thq great Norwegian author's birth. It Is the aim of the foreign gov- ernment to invite one American manager to bo present at the event. The selection wfil be made by Hal- yard Bachke, Norwegian minister at [Washington,