Variety (Sep 1928)

Wednesday, Septeinber 26, 1928 L E GIT I M ATE VARIETY 01 Equity Agency Rule Adopted by Gen. Meeting-Agent s Guarantee What Equity regar«3s as Its most important step in years is the adop- tion of a code of rules to control casting agencies at a general meet- ing last Friday. Complaints cover- ing a .long period'were made to Equity" by members over the fees and percentage exacted by the agents. Under the system deyised a-gents may charge five per cent, of .an actor's salary for the first 10 weeks or any one engagement. The complalhts have been against a collection of 10 per cent, of the salary for the entire engagement, which appears to be the rule in most agencies. A demand for an additionar f ee is also complained of.. ■ • ,■ . It Is not a hard and fast Equity rule. Where an agent qualifies as actually an actor's irepresentative or manager, he is, permitted to col- lect 10 per cent/ for .the total en- gagement A number.have theiir actors under contract for. a year or a term of years and guar^intee from 20 to 30 weeks eaich season. They are also Instrumental in se- curing higher salaries. This class of casting ..agent is regarded favorably by Equity, the service value being recognized. ' Actors receiving as high as $800 weekly have complained against the 10 per cent, charge. Players of the more prominent class dp business direct with a producer at times, but the servipe of an agent , by them is generally undenied. Guaranteeing The guaranteeing of a number of weeks per season is also known In the vaudeville field. In that way vaudeville agents have been able to hold acts which othervirise would . sway from one agency to another Equity bases Its position on the fact that five per cent, for 10 weeks Is the legal rate In the state of New York, where most of the casting for productions is done. A similar New Jersey law covering employment agencies was recently declared un constitutional. L«gal opinion In some quarters Is inclined to believe that tlie new Equity restrictions may constitute a boycott. Equity believes Itself a service to the agency field, though conceding that a number of the smaller offices may be forced to suspend. . Payment of commissions Is as- sured to all agents in good stand ing, claims to be filed against mem bers with Equity if not paid. De linquent actors are subject to pun Ishment. One agent alleged he had lost $12,000 in one year through failure to receive commissions from actors placed by his office. Suspension All Equity members must adhere to the new rules or stand suspend- ed. They can be prevented from securing engagements as the stand ard contract forms with managers stipulate that all players enga-ged must be In good standing. That point is part of the Basic Minimum agreement with the Managers* Pro- tective Association. When the agreement was amended last spring. It was also arranged that no man- ager" Is lo"'receIve^"Sny^^ agents' commission^ from actors. The splitting .of fees between agents and producers or those In^ their employ has been common and' a counter-argument by the agents. Permits will.be Issued agents from and on Oct. 9 and Equity members will riot be permitted tp do business with any others. In a letter sent to the agents by Equity notice of the permit require- ment Is made. Thie letter states: "We know from our survey that only a limited number of agents can give good service and at the same time make, a good living. Therefore, from time to time, we may be called on to limit the num ber of permits issued." Sppcial pennits for personal rep- resentatives are to be is.«<ued wlion agcnta prove qualification. The general qualification is the guaran- jtc^ of jjl weeks, or m pre,^ with salary based on tfic amounC received by a player for the past three years. The rules for ra.sting agent's may later be appliod to picturop, al- though E(iuity is not strongly or- ganized in that field at prbsent Tho a.'rSooKitlrin Ik watching the do- vi^lornient. of tolkers and the In- 2 Sfeows Oat Only two shows arc listed out this week. . Several others are oii the skids and \yith notice given by the theatres occupied, may also take the air. "Mary iDug.Tn", presented by A, H. Wooocts, ends a run of 54 weeks Saturday, It was the melodramatic smai^h of last season.. When the TRIAL OF MARY bUGAN Opened Sept. 19, 1927. Ga- briel ("Si;n") wrote: "swift and gripping." Atkinson ("Times"), considered it "good fun in the theatre." Variety, said: "enpuflh nov- elty to place it among the, win- ners." Shaws in Rehearsal "Americana" (J. P. McAvoy'*. "Jealous Moon" (Brady X' Wirnan), "Call Woman" (Ned Jacobs). "Whpopee" (Florpiiz Ziog- m\). • "Paris" ((Gilbert Miller). "Royal Family" (Shuberts). "Tjn Pan Alley" (Henry Forbes). "These Few Ashes" (Clifford Brooke). "Animal Crackers" (Sam 11. Harris). : "three Cheers" (O. B, Dil- i linp^ham). "Rainbow" (Philip Goodman). PHILUE HAS MORE SHOWS THAN BUSIHESS Wer V/eather Expands Grosses; 30 New Plays Listed for October first company went out another cast was presented, the attraction mov- ing to the Gohtury four weeks ago. "Grand Street Follies" indepehd- ent producing group will end a summer run of 18 weeks at the Booth. , It is a co-operative revue originating downtown but offered on Broadway for the past two sum- GRANP STREET FOLLIES Opened May 23. Atkinson ("Times") labeled: "the best of these semi-professional pot pouris . in years." Mantle ("News") said:, "a ' grand show." ■ . Variety (Abel) said: "gait is too slow, the proceedings un- inspired, the performance ragged and spotty and the $4.40 scale a'wrong idea, even for cut rates." • it " Best at $26,000-7- Everything Else Off—"Pre- sent Arms" Starts mers. While not an exceptional gross getter - it drew $14,000 weekly for a time. Lately ?io,000 or a bit lesSi, Goes on tour. . THE PHAisiTOM LOVER Opened Sept. 4. "Even clum- sily played manages to be al< luring," said Atkinson ("Times"), while Anderson ("Journal") filed it as a "per-, sistent v/indbag" and Coleman ("Mirror") wrote: pretentious- ly silly farce." . . Variety (Lait) "cannot be long at its present stand." 'The Phanton . Lover" offered by Gustav Blum slipped out of the 49th Street Sept:. 1,5, after playing two lean weeks. , L. A. Grosses Los Angeles, Sept. 25 , Not good locally last week, $11,000 being the best, that going to "Mid- Channel," in third and final week at Belasco. "Desert Song,", 15th week at Majestic, around $10,500. . ^ , Max Dill's "Happy Days," changed from "Pair o' Docs," moved down- town to the Mayan, and reported $10,000, increased takings over four weeks in Hollywood. , "Arms and the Man" copped $8, goo on second week at Vine Street. "Wooden Kimono." fourth week President, $5,900. "Lombardi. Ltd.,' eighth week, Hollywood Playhouse, ^^El^Capitan obtained eight weeks with "Baby Cyclone." Final gross $4^800, - Five legit- houses presently dark—Mason, Music Box, Orange Grove, Figueroa. and Egan. creasing number of legitimate play- ers exEiected to be used for the talkers. . ; Alien Actors Tho Equity meeting was also en livened by a claim that the session was being steam rollered in the matter of tho alien actor rules. Teddy Jones, a, youthful member, made the charge. There wero but half a dozen dissenting votes after the rumpus stopped tho proceed- ings. His mother, Mary Tuppor Jones, an actrc,«s who has taken an bijposito view of the n.lion actor rule, has been contributing articles .on the Biibjcct in a morning pnpor. The adoption of the constitutional anu-'nilments, principally affct-ting Unglish actors, was routine, the ru#riTavini:=-b?^?Tnr=adniTledr^ annual nioetlng la.st May, Tin,' leading ca.sting agonlK, of. wliieh there are about a dozen, wore reporting haying formed 6. tempo- rary rorganizatlon With the idea of treating with Equity. Most ap- peared to^be satisfied M^'ith the now rule.s. Philadelphia,.vSept, 25 -. Legit .business was still oft' last week, although there .Were healthy sigh.s of recovery along about Thursday. Nobody can explain the general apathy tow^iirds shows, es- pecially siiice this is usually the time of year that Phllly is.strongest in playhouse atteridance. One thing cannot be denied, however, and that is the caliber of the, tryouta this season^ is niany miles below those of last year. In some cases the shows were just naturally not there; in others they were not ready. . .-Cohan's "Biliie" was the strong eixception at the Garrick. Engage- ment started moderately strong and ended as a smash. Gross jumped .rom $22,000 to. $26,000 or more in three weeks, . the highest in town and about all the house could do at $3 top. Other musicals tapered down from fair to bad. "Ups-a-Daisy," open- ing at the Chestnut, was about, tlic best of this lot. Word went around that this show had the makings but was not ready.' Cast names hejd trade up fairly well. "Chee-Chee,' "Hold Everything" a:nd "Sunny Days" were air'way off, although the fii-st named picked up about $1,100 over the previous, week Grossed about $10,500.. If '^Chee- Chee" had come In about a month later it would have fared much bet- ter, although strictly, a cla:ss propo- sition. "Hold Everything'? was a 100 per cent better show when it left Saturday night than when It opened. "Sunny Days" was pathetic at Keith's grossing, under $9,000 In this hie house, which should have inaugurated Its switch to a legil policy with a new show. Of the dramatics "The Command Performance," at the Broad, led with a not. remarkable $8,000. "Pos session" drew less than $7,000 in itj- first week at the Lyric. "Women,;" in its getaway week at the Adelphi, was around $6,000 or less, and "The Skull" got about $5,000 at the Wal nut. Sudden decision to bring "Present Arms," a flop in Chicago, directly from that city to Philadelphia, opened the Erlanger this week. This gives the city 10 legit theatres open, the largest number it has ever had "Animal Crackers" doesn't open un til tonight (Tuesday). • Monday's openings Included Mr. Moneypenny," at the Garrick; "Ex- cess Baggage," at the Walnut; "Shannons of Broadway," at the Adelphi; "Hello Yourself," at the Forrest, arid "Present Arms;" at the Erlanger. .Next.week will have four openings,; one, "Golden Dawn," a return engagement. The new. Shu- bert' riiusical, "The Queen's Taste; at Keith's, woa canceled, and "Headin* South," new Mclntyre ana Heath vehicle, was switched over from «ie Chestnut. Latter house gets "Golden Dawn," previously re- ported for the Shubert late in Oc- tober. Other bpehlngs-Monday will be "interference," for four weeks jU: the Lyric, and "Girl Trouble," a two weeks' boojting at the Broad. . Estimates for Last Week "The Command Performance" (Broad, 2d week). Dramatic try out, finst Herman Shumlin produf tion, got nux«:d notices; about th( best of .'tov;n's non^niusiuaLs, at around $S.000. . "Animal Crackers" (Khiibert, l-^t we6k).M:irx J.irothers' sliu-.v iiut hack to Tuesday in order lu avoid Monday 'ei-u.Mi; "Hold Kv.-rythin;;" luft Saturday a gof)d sIid'.^; did lit- tle trade here bocau.se or rough coii- \ ditioii at openln,Er. 1 "Present Arms" CErlini.''r, • =weeirj:—"MlisiT;7r-l^UJfhT^l-^h'Mv^JV<fiir-i Chi('atrfvl»y Lew Fi'Jds on l.i.st,-riiin- j ule decision; in for f')Ur w.'-k.-.j openin.:^- this house, "Mr. Moneypenny" fG:irii'Is, l>l week). Spectacular and exinn^iivi- novelty production, wrilten anri pre.sented by ChtmniriK i'ollffk; ^ three wei^ks' erigiif;etii"iil ai top; 'lUllic." wa.=^ town's 07)e snra->li 1 Broadway's premiere hi.u'h water m.arkWill he reached during Octo- ber, fciionu'thing like 30 new produc- tions are in sight and over a score actually booked. Heretofore Sep- tember lias seen the heaviest pro- duction period. The season .figure^ to roach full stride' to the'aceonvpaniiiicnt of cool weather. ., Last week business picked'up again in the better going. *'t5h()w Boat" jump.ed lo the top of the' list .with a gross of $r>0,000. Tho.- tieket doniaiul .in . the agencies is second to none and the resumed icixdership is something of a record for a holdover attraction. Of last week's new shows "The New ^loon" stood out as a possible musical smash. In five perform- ances at the Imperial it got $^7,000 and a weekly gait of $40,000 indi- cated. '.'The Big Fight" attracted no little attention, but the Jack Dempsey-Estelle Tayior show did hot fare a.s well as it could have. In seven performances the takings approximated $24,000, .sounding big enough fot a $3 drama, but the Majestic is large and the slipw could have done better. Looks like the four-week eng.T-gement.Will bt enough, the show being expensive to operate. "Cross My IToart" clalimod about $19,000 at the Knickerbocker, some- what under expectations. 'Luckee Girl" looked like moderate money at the Casino, estimated .around $16,000. "This Thing Called Lov6" started at $10,000 at Maxlne Elli ott's, lower floor draw. ' The "Front Page" more than sells out, average $24,500 plus; "The High Road," anijtlu-r comedy hit, is rated, next last week about $18,000; "Strange Interlude," still capacity, $li>,000; "jilaehlnal" took, a jumpi $14,000 gross' ,Indicating real promise , for that new. one; "The Bachelor Father" is in its last three weeks, strong at .$ir),000; "Diamond HI' , hold ng over, got $M,.')00; "Heavy Traffic," $11,500; "Night Hoste.ss better, $10,000; VRoyaV Family" about the satue; "Gentlemen of the Pres.s," \ip;' $9,000;. same for "Gang War", ahd, "Silent House."'--Balance of thc nonaihusieals ai-e riated down- around $5,000 or under. $40,000 for "Vanities" . With "Show Boat" out in front, "Scandals" Is next at a claimed $19,.- , 000 pace; "Vanities," eapaclty, $40,v 000; "Good liov," now musical, ".Rain or Shine'' and "Three Musketeers" both holdovers, $35,000; "Ro.salie," $32,000; "Good News" and "Black- )>lrds," $22,000: "White Lilacs." es- timated ' at $20,000; "Connecticut Yankee," $14,500. Next week will .see a flock of new show?: "Biliie." Erl.anger's; "Pos- . session," Booth; "I'leasure Man;' Ulltmore; "The Command Perfor- mance," Klaw; "The Would-Be Gen- tleman" and ''Invitation au Voyage," 14th ; Street (Civic Repertory); "When firummlcs Played," Garrick;, "Straight Thru the Door," 49th Street; "The Light of Asia," Hampr , den's. . . "Women" will probably be post- poned and "The. Trial , of Mary Dugan" will end at the. Century, which will hold . "Sunny Days. "Grand Street Follies" leaves the Booth. Inside Stuff-legit rContlnued from page 48) , Fight" at the Majestic was arranged and the Shubert office Insisted no allotment be made to the Tyson-United agency. Harris allowed the Shuberts to have their way, being half owners of the house. The same impasse Is said to apply to "Tho War Song," which opened at the Nar tlonal Monday. The attraction Is presented by Albert Lewis and Harris.. ' The agency .does hot appear, to be concerned over the situation, secur- ing tickets from other agencies In the iisual customary exchange. Slgmund Romberg la one composer who has a great time at pre- mieres even if they are his own. At the opening of ""The New Moo'n" last week Romberg, standing in back of the hou.se, hopped back and forth and back slapped every one within reach during the second half, evidently feeling certain his show was In. . Frank. Mandel took most of the punishment handed out by the Irrepressible Romberg. And the show looks'In, so Romberg wais ok© that time. Jj.ist prior to rehearsals for "The Big Fight," Jack Demp.sey. picked up quite a bit of side change as a referee in various towns In the East. It is said the ex-champ received $2,500 a shpw while serving as third man for main bouts only, . . , As an example of the value of .Tack's mere presence In a boxing arena, the Rieko-Squires fight, which .he refereed in Detroit a few weeks ago, drew over $60,000. Previous to the announcement Dempsey would be there the advance ticket sale denoted a $20,000 gate. Johnny Tuerk had to stiind for quite a rave over his modest self . In the Chicago Herald and Examiner. It was written by Ashton Stevens. Johnny piloted "Command to Love" Into the Studebaker and a hit. When Stevens saw Tuerk In Chi before the show opened and asked what he was doing there, Johnny replied he ha.d only come in ahead of "Command to Love." Later, Stevens learned that Tuerk had se- lected and cast the play, besides having a piece of It. That struck the critic as something new in the Icglt for a producer. He went to it pretty strong for a full column. Johnny probably did a hideaway for a week after the story came out. , Fiske O'ilara Is booked to open In New York upstate stands this week with a musical comedy, "Molly and Me." Barney Fagin, Florence Travcr Ardellc Cleaves, Helen Flynn and. Natalie and Darnelle are In the supporting cast, which plays a $2.50 top. In place of the usual "August Pito-u -Presents;" DaS'id R. Balosky's name la-carried .as pro- ducer. The former Loew's plelare house In New Rochelle, N. T., now playing legits, is looked upon as a good break in spots. It's In the heart of the best Westchester CuiJnty residents. ".Jealousy" last week opened to $2,600 In the house. , - • A foiir-p.ngo giveaway .sheet called the Dally Record Is handed out at Vili Shubert theulre.s ns a plug for "Gang War." It's'a t.akc-'off on The Graphic, dressed w.ith a lull-page compospnioijraph showing one of the .scenes in tlx." .show. "Shannons of Broadway" TAdel- plii, lir.«t wr>ck). In for lirnlte.i slay; •'U'oiiii-n" not so goo.'l last week; $t;,6('n or less, lilt liist w<.'<'k; iihont $2(1,000 f::liii.''ii"d. "Sunny Days" i Ki itii'!-", .Wf(k>. N'.it i-o fort'', •'.•spe'-ially for ih!.iii;;iJ- r.'iiiori of new poli'-y at lious'^; iin- f]"r Jli.OOii; lliis is la;-t week wit'i ^IL ^^l1.vDJ_^ ?ui.'l,_ ■ 1 l!.fU l'!.s ! J l^j!l.jJ'l S'jiiih" U'Xt." " ■ '. "Ups-a-Daisy" ((Mic.-lM-.i;, 2'1 week). Xeu iiiu.-i''al \' l y r'-iK-li -ii Dpi'iiiti!: Jiii'l 'ii'iiiUvli nanit-s in east Ik Ipf-'l at stari; niav have gotten $l."i.'jOn; plays N< w;iil> next- w-t)c; J>))il''i! Dmv.i' " n"- i "Excess , Baggage" iW' iln ;'. I ' week). Aft'^r conflict With,picture was ironed out by poslpotiement of film showiiif.: here, .lack McGuwan (Irnnia w.''-! broiiuht In for run; "Tlie tSkuH" \v<-.i\i Willi $.',"00 or jf'KS. . "Hello Yourself"- -rFoirf-st, l.-^t Wi:-ki. S''-'.V (Viniiir f'linos' liuisl- ;ca) in f'lf liVf wc-ks with Warin^'s ' I'l niisylvankms .'•DiiritciJ on to draw ')i";ivily li'M'<-; t.hi-!i'! ".ii'a sni:ish ! jiltJ'- 10 $H.»,'iiiii ati'l "Uf. i "Possessicn" fl.yri'', 2'1 \\eekK I-ML'.ir .'-'i 1 A yij <<iiii('(Iy ■'Ira-'na trot 'ii'(-.' ii'itifi^s ijiil iici nuich busines.-'; 'xlioiild pi' k up but net thi,- SMicee.''.s ..•.r»--U-.l iifi'i- .';.'n.^a(li-.ji it caused II !■;!!';- ' I : i)>i' ffi 1 i-ii'-e " n' \< nil lb r w '-ek. JT.iiiiO.