Variety (Oct 1928)

54 VARIETY L E »G tI in i M Ar t jE i Court Word Soon to Clear Way For Equity-Agent , . Friday the first phase of the court . contest . between the . legitimate casting agents and Equity over the latter's new rujes and; permit sys- tem,'was argued before Judge God- dard. Nathah.Burkan on behalf of Wil- ■lie Edblsten,: had secin-ed a tempor- ary injunction restraining Equity from enforcing the rules. Prior to a hearing for a- permanent in- junction, Equity, through Justus Sheffield, raised the point of juris- diction, .seeking to throw the case Into . the jSTew York state court. • The court instructed attorneys to exchange affidavits and coni- ■plalnts and to present briefs to- day (Wednesday) the indications- ■ . ))eing that, the ruling- as to juris- ■ diction will be handed down, later - in. the week..- • ' Equity argues ori the point that ,^uits between aliens must be tried n state courts.. The contention is •hat Edelsten being an alien is pro- ■•eedihg against Equity, the mem-: 'lership of which has about 11 per ; . ,Vent. bf aliens, including onie among .. the olTlces and council. The rnain purpose of Equity in attempting to place the matter in , the state courts is that there is a :. New York statute which limits the fee of an employment agency to .five per cent, for 10 ■vreeks. Though the United States Supreme . Court ruled. a sjmilar law (New Jersey) to b6 uiVconstitutional be- .. cause it Is price fi:{ing, the .expecta-' tion is that Equlty.'s case would have a bietter chance in the state courts. Permit The agient's permit as gotten up by'Equity is below, verbatirn. , ■ A footnote says that the permit is. for dramatic agents, with an ■xception for those agents claiming io be persoTial representatives of actors,. Representatives sie:n the t^i^'orm with an additional clause that hey shall guarantee :at least a sea- son of 20 weeks' work to the actors represented. PfiRMIT NUMBER...... of . A.ctors' Equity Association Issued to.... ..... (calledl" Licensee). This iiei-inlt -covera the. right of the .licensee to be chiijloyed by, and act us an employment agent fo.r, members of the Actors' Equity Association; which Asso- : elation Is herclnalter called "liquUy," when the place ..ot organization .or enKftge- ment of the company in ■ which the actor Is en^raged 01'-of eivga'eement of the.actor l3 New Yorlc City or. Its environs. (A) In grunting this permit Equity agree.'; with the licensee that should any o£ Its members employing the licensee.' fall to pay him any amount lawfully'owing to him as an employment ngont, such failure shall ' subject the offending member (upon charges - being preferred by the licensee) to such disciplinary action, as the Council,of Br,ulty may. determine.. It Is a rule of 'the As.<>o- flailon that Its members shall not accept employment throuprh agents, not holding a permit, and each member has agreed to obey such rule. ■ (B) In accepting this permit, the licensee agrees with Equity and each of Its mem- i)6rs, present or future, that: (1) the charge I'or obtaining any engagement tor' any j''(iulty member ahull not exceed S per cent of bis weekly salary for the llr.st ten - weeks of- employnjont In the engagement •secured, atid no member shall pay to the licensee, and the llooiisce shull not' accept from any member, dlroctlv or Indirectly, any form of bonus or gratuity; (J) this permit may be revoUod by lOqiilly at any time by- letter . delivered or n-inlled to . licensee at the .lildress given by him here- inafter, but only after the lloensoo has been given an opportunity to be hi.'ard. and that the llceri.-<ee may give' up laaid penult by like notice to Equity ; -(3) If the licensee shall enter Into, any written agreement with any Equity member covering commissions or pnjTiients. s^Gh airrcemffri t3 iiiraii~b6"?nT-" bodied In a . printed , form apiiroved by Equity, and sui^h A-rm shall no.t.be inrled froni," and, any and all employment con- tracts secured for members ,by cr through the, licensee sh.UI be on standard Equity forms and that the approval, of Equity shall be obtained to any '•ldei'8 or VBria- tlons therefrom;, (4) any exUilrig- agree- ments .as employment agent with E(;ulty . niombers calling for a larger,.payment than above provided are hereby' modlflfld to .cbn- I'orm to the amount above 'stated, and no .'nore: .C5) llcense.e shall- not act as- Per- .isohal Kcpresentative without a.pennlt frorri ijqulty to BO. act; .((}) • any breach of this rigreomeht on the part of the iicensee ahali at the. option of Equity, release iny and All members of Equity from any and all payinenta due cir to become duo to the licensee on - account of any employment contraots In e.xlatenre or any engagements ..secured or:to be-secured; (7) the licensee la free to act ,aa aji emj>loymcnt agvht for persons not members- of Equity, but should he act as such employment'?igent for.Equity members In nold.<j out.«lde of thoso covered .- by this .permit,, he shall be entitled to re- . cclvc arid collect' no more than the usual customary chnrKo or foe for obtaining slicb employment; (8) no p.xrt of any commis- sion paid or contracted to be paid to the llocnlsee'sh.'ill bo dirootiy or Indirectly paid to any employer of nny Equity nioinber, or other person, -and llcen.soo ndmils .knowl- ^cilge.;Of „th o. .f.'\('.t _tlj;it iyiy l^iiul!_y^_iiioju!)i.'r^ who connives with Tiio Tici'ii.'Ji'e" In ;-,tl-ic' breach of any agroetm.'nt herein made Is guilty of an act pi'0judU'l;il to Equity and Is liable to both au.-<!)en.«l<'in -ancl line; .(!i) this permit Is por'aonal and no person, flmi or coviionitiun otiior tb.in tile tuie ai'copiing It shall' be fnlllli'd to any ,iiilv;in(!\>:f lhei.-i»- froni; (10) Eijulty miMnbi-i'.s .shall bt^ cbiii'g'cd only fur the arlii'iil si-curliig of (he on gagemcnt or eniploytnent on which con> nUssliin Is I'l.-ilniod, .-inl .-^liouM nww than one nffont flniin to have wei-ured any par tIcUlai' engiiKi mi-niH or emi)l(>ynie.nt for iiny tnember, or .'tliDiild Mi<iri> lhan . one ilKi'nl claim the .pmi'!');. nii>iit feo or charge ihci'c- kfor, the Itlquity n\'-'niber shall bo relieved from liability by depositing the amount of the commission accrued with Equity,; (11) suc-h conllicting claims or isuch- disputes shall be arbitrated In accordance with the rulea of the American Arbitration- Associa- tion, and the decision, of-the arbitrator or arbitrators shall be flnal .and Equity shall be rcileved of all re.sponslblllliy by making payment of • the aforegoing deposit In ac- cordance therewith; (12) any and all dis- putes between the licensee and any Equity member arising by, through, under pi; on account of this permit or any of the terms thereof or . under - any emplbyment agree- ment, of. or regardlnir' any claim against, any I'kjulty members, shall bo arbitrated by the Council of Equity If It ad elect, otherwise in accordance with the rules of the American Arbltratloi> Association and In either case the decision of the arbitrator or arbitrators shall bo final;. (1.3) Equity may change or modify or add to the.-con- dltions 'of this permit.- and; ot . Its . con-; tinuance and- upon written notice thereof being mailed or delivered to the. iicensee at the ollice address hereinafter given, said cli.inge:v'. additions and ' modifications, lie-, coh)© binding ur)on the licensee with the same, eiffect as though now Inserted herein;' (14)' the right of the licensee, to give up this permit or the right of Equity to re- voke it Is absolute arid Is not.arbitrable;- (1,')) this permit shall be posted In the office of the licensee where It may b^ .seen and Inspected by Equity ' members;; (10) The Licensee shall at all times comply with all onllnanccs arid laws of the-United 'States, arid the several statt*3 thereof, arid any and all • political subdivisions ..thereof, relating to employment agents or thp business' of such agerits. ' ; Dated, New York,............... .10... Actors' Equity. Association By,: Leblang Tests 2-for-l To prove his contention that . the distribution of two fbr qna^ ticket coupons had attracted little business Joe Leblang ex- perimented. He sent out 500,000 of such tickets which palled, for "Sunny Days" at the Century or for any other show listed in Leblang'S cut rate ofUce. - The first w.eek 220 of the bar- g,aln slips w-ere presented and the second week a[ little more than 300 Carne. to the Lieblahg counters^ . . The cost,of the distribution wag $1,700. and it was' discoh- tinued. Inside Stuff-Legit The reorganized New Playwrights' Theatre will not exhibit publicly at their Cherry Lane playhouse as last season but will strut at the Provincetown theati-e on Macdoligall street for fpur weeks at a time. Only after their experimental workshoip at 133 West 14th street produces something deemed worth -while will the plays bie publicly presented. Em jo Basshe Is now executive director of the group; Paul; Sifton, labor writer on the New York World, and Edward Massey are on the board of dirisctors. The original founders of the New Playwrights' will serve as an advisory board. They are John. Dos i>assOs. Francis Edwards Paragoh, iHchael Gold and John Howard Lawson. ,. ; Dos Passos' play, "Airways, Inc.," will be the group's second production to follow Upton Sinclair's "Singing Jailbirds," which opens December 1 as the New Playwrights' first presentation of their third season. Otto H. Kahn waai the group's principal backer last year but after a lampie of Slfton's radical . pl?iy, ; "The Belt," with its reflection on Henry Ford and his autpmptlve industry, the banker was reported souring, on the New Playwrights' theatre. PLAYS OUT-OF-TOWN THE JEALOUS MOON -. iJpJtimore, Oct. 20. ' Play In three acta by. Theodore Charle-s and June' Cowl, starring' Jane Cowl. Pro- duced by William A. Brady, Jr., and bw'ight Ueerc Wlman. Staged by-PHeStly Morrison; production designed by Jo Mlel- zlner; music by Dr. Hugo Felix. Prcicnted at the Maryland, ■Ualtlmore, Oct. -10, It Is an open secret In the ','Jarnegan" company that Richard Bennett, the titular star, is virtually the sole author of the play although two* others are programed as the dramatizers of Jim Tully's novel. In re- hearsal, Bennett' constructed, and re-oonstructed, . Improvised dialog, wrote sequences, and fashioned the play to suit his own idea?. It. Is alleged that hardly a line remains of the original "Jarnegan" speeches, all of : it being Bennett himself. So'me. of the flaming language ..was reughier out of town than It premiered on Broadway and It Is a belief that Bennett changes pace in keeping with the tenipo of his audiences. Sc^ne Makers' Incrtase Washington,. Oct. 23. Makers of scenery and; s.tage equipment judged the value of .their output 6Q.9 per cent, in -1927 over 1925, says a report from the Depart- ment. of Commerce, compiled from data collected at the biennial cen^ sus of mamrfacturers taken in 1928." .Survey covered every pha.se of productions for the theatres, dis- closing 39 such .establishments as. against 33 in 1925. Value placed by the makers was $3,415,094 for 1927 as compared with: $2,045,676 in 192$. Peter Paerot.. Desti r......... Judy ............ Papa Louis.'. : Harlequin .'..'.. Pantaloon .....t; Pierrot • • ■ Coluinblrie ....'. Scaramouche '.;. .Ophelia ........ Harrilet < Punch '■. . 'ermiHa- ....... he i'ierMan..., Hag ....... ag Bcib-Tall ..,....', rimaldi ., ... Jpe'y. , .. Young. Flunkey. Oown-Bby Gondolier ...... Horatio Princess Glulo de Caravodossl, Esther Stockton Prince. Gulllo de Caravodossl . .Robert Lowe IJuchesa dl Carllone. . Katherlne .Wray Duke di Carllone. i .,^......Lionel HogaKh Oontcssa Flora...'.....-.., .Marlon Evanson Doge of Venice .■William Randall ENGAGEMENTS Henrietta Grossman, Rose Ho bart, Eleanor Woodruff, Albert Uruning, Frederick Truesdell, Marie Haynes, Judith Voselli, Gavin Gor- Ipn, Alfred Helton, G. Lester. Paul . Crashing Through.'' Helen Lynd, "Rainbow."' . Mildred McCoy,; Helen Freeman, May Buckley, Katherine Hepbtirn. Mary Hall, Gertrude Moran, Gladys Hopeton; Suzanne Freeman, Ruth Reed, Ada Potter, Marie Bruce Mary Hiibbard,' Nellio Malcolm George McQuarrie, William John- stone, Bruce Evans, John Clements "These Days.*' Bradley Page, ''Relations." ' Olih Howland, "Polly." Edith Sheldon, Club Mirador New, York. • Shirley Richards, "Ned Way buvn's Gambols." Bert Lytell, "Brothers." • Charles Bickford, Horace Bra ham, Leo Bulgakov, Sylvia Didne.v Eva Condon, Sam Sllverbush, "Gods of the Lightning." : Walter Glass, "Night Hpste.ss.'.' Al Sexton, "Hello, Yourself." .Mary Young, Stanley Ridges, Gola T;ilma, "0;iiul<>r'Sauce." - Emily Graham, "The Final Bal ance." Stanley Logan, "Heavy Trafflc. Claire Toy, "Rosalie." _ J,o,s.c!phine. . Hull, -Carl Anthony William Ingor.soU, Leigh Level Charles Abbe, "Hotbed." Jean Merrill, Selma Althan, May Marcus, Kay Duffy, Jean Arthur Betty Garst, Rae Carroll, "Rosalie. Natalie Kesislcr, Flora SheiHeld William JelTroy, "The Squealer." • Mona Gale, "Vanities.': Beebee Joyner,, Clarence Foster Emmet Anthony, , Allle Ross and Ilis OVch. "IMuckbii'ds" (Boston Co) Olive Brady, "Whoopee." . Martha Patersori, Stanley Crable Ata Ravelle, "Americana." Charlotte Hunt, "Tin Pan Alley. Mary Murray, "Girl Trouble.'? Solly Ward, Greek Evans,' Charles Lawrence, "Music In May." Cast Changes Frank Conway loft "Hefivy TratTlc" Monday. Stanley Logan stepped- in. REPLACES ADA MAE WEEKS Chicago; "pct^ 23^ Marie Dayne, signed to a three your contract 'by, Zio(;fel(l, roplaoo. Adn Mao AVooU.«; In "Rio Rita" whe thc.'^how opened at the lUi'nol.s. .Philip Merivale . ,.,i...auy Standing, Jane Cowl Harry Davenport . ,. Guy Standing ...Harry. Davenport . ..., .Philip Merl.valo ;..-.. Jane Cowl . .. .Hale ' Koroross ... iMarlon B.vanson, .;.. .Richard NIcbols 4. .'i.... i. .Leo Slark ........;Joyc6 Carey .Lionel Hogarth , .-.George H. Graves ....Beii Lackland ...... .Lewis Martin .....William Raridall .Robert Lowe .......Ben. Lackland .....Ben W. Harnett ,....'. . .Garner-"Weed .Cobiirn <jO0dwlh An actor-authored play, is.ustially box-oflice long shot. An actor- authored designed for the stellar use of'the a-a is usually akin to 4 miid lark running on a dusty afternoon. •'The Jealous Moon*'' doesn't live up t6 its scenery, costumes and lovely leading lady. The plot concerns the love advert tures of a. Pierrot who deiserts i brunette Columbine for a ! blonde only to return repentant-to his first love in time for her cosmic exit Then once more takes to the road of amoro.vts vagabondage, lured oil ward by a jealous moon. This trite and illogical plot is.pre sented in a form of a play within a play, the dream of an itinerant trouper with an early 19th Century marionette theatre, whose thotights are addled by the fear of losing tlie girl o£ his heart to a fellow mum mer.- '' - The ba.sic trouble with the work is the playwright's failure; to prop- ei:ly vi3ua,lize .the character of the Pierrot.. To his inconstancy there is added inconsistency. A moon struck and fickle lover in the first act he becomes a penitent In the second while in the third, after the .authors have . rather arbitrarily killed off. the heroine, steps bad into his first characterization once more. There is an idea in the pla,y and the first act is on the "whole meri torious. It has many moments of quaint humor and lyrical loveliness In the . second act it blows up with a .«?pectacular bang, filling the be wlldered spectator's vision with i confusion of reyiie backgrounds, is no longer the dream of th marionette man, but Miss Cowl' own nightmare in which she pre sents herself, a la the- two-a-day in big moments from , her pa.st por trayals. It is: all there. Including th balcony .from - "Romeo and Juliet and the tears, froni "Lilac "Time." Philip Merivale Is a believable but mature Pierrot. Sir Guy Standing is a fatherly Harlequin who gives the impression of a major retired from , the ColOniial. service In cos tiime ifor Some charity, masquerad at Queen's Hall, Harry Davenport revels In the fat part of a kinclly ancient. Raymond Sovcy's costume would get a hand in any. revue. Jo Mlolzlner's .sets are mrusslve an boantiful in a conventional way. Ml.'ss Cowl reveals that .she is sti one of tlio most eharmlrig and tal ented of our romantic aotrfts.ses She would do well, however, to lenv the Writing of her plays to one Wll fthakospearo, ----'Ruti-^to^p.qp.i nhrn -=a^l ln.e--f r(nri "The Je.'ilovis Moon," aetre.s.'tos hr inp aotre.secs mu.st do what the niii.st do. Tnl! It George F-lasst;ll for Talkers George IIa,s.sell, nui.sical roniody ooinlc, h.as pa.s.sod up his' iiroposiMl viuule Oxoiirtjion to appear for Movielone, "ABIE" SEQUEL XMAS "Abic'.s Childrch," .Antic Nicliols sequel to "A1)Ic'h Iri.sh Rose," w;\ .slated for f.'Ul production but ha been Kct back until the Clirislma holidays. ' Musical plays hdve a better standing now it Is said for pictures with . the talking, attachment. At one tlme^ musical show:s'. stories were not any too strong for the camera, With' dialog and sound pictures: th» successful musicals with their sonis hits may find a market. A. couple of those turned down by pidture producers in- the past are reported sbught by makers of talkers. It is costing Frank Mills,, restaurateur and bwher of the. La Salle, Chicago, around $150 daily in lost rental on the theatre while he awaits an bffier from a tenant who WQuld re-establish the house as a .rlegit stand/ ' - . • "-■■:' . The La iSalle preylously leased for $50,000 yearly. . Mills has tiarned ddwh a:n offer of $52;000 from a burlesque syndicate and $50,000 from v a picture company. Lately the house has been playing sex pictures. .. It is an Ironclad rule Vbf the three scenic artists' unions throughout the country, in New York, Chicago and Los. Angeles, that- any stock n^anager .or producer mtist put up .d bond with the s. a. This' bond is for two weeks' salary and railway fare. It is held by the artists .as. long as the. scenic artist is under sto'fck supiervision. The stock men,are nitik- ihg ah effort to have this bond posted with their newly formed associa- tion instead of. with the scenic artists, r A unique squawk is made by. a discharged Lambs dub employee. The latter states that each employee is given a, questionnaire to fill but. One qtiery Is: "Do you consent to disrnissal. without notice nor cause?" The. one let out complains that pro'ceedure does not conform With the rules the: actor-members of the Lambs demanded through Equity, i. e., two weeks' notice. When John Pane^Gasser made his appearance in opera recently at Verona, Italy, picture operator buddies in' Chicago rejoiced. Pane- Gasser was formerly a film projector, holding a card in the Chi Local 110. He came to this country from Italy in 1903 at the age of six, attend-i- ing grammar school ill. Chicago. Basil Sydney and Mary Ellis' difficulties this season are nearing an end. They will probably go into talking, pictures and together, the Inx- portant point to them. With Sydney and Miss Ellis it is that neither will leave the other, for sotnetime they have been doing nothing together. Miss Ellis re- ceived ah offer to go to the .coast but refuised, not wanting to leave Basil. She was offered a role in Gilbert Miller's "Olympia" but again there was no room for both. Each suffered a bitter blp-W when they discovered that the Shuberts were not artistic; an offer from the Guild might have appeased them but they made no effort to get anything. : Miss Ellis gave up her singing for deeper things but when in the 'Talkers she may have to chirp a bit. Some of the independent agents, who. rely on their act placements with the indies to pay their office rent, are hollering their heads off that favoritism by the indie bookers is putting them in the red on the Weekly, budget checkup. Several alleged favored bookers are now a-v-eraging, eight to 10 placements a day, while some of the Indies are lucky if they get one every other day or so. Several declare booking' chances were never so bad as they are how in the independent field. It is the more cluttered up by ousted Keith agents and others who have busted in| expecting to pick up some easy coin. Because of an. extraordinary, sense of fairness, Al Lewis Is paying E. Richard Scheyer, scenario Writer, 10 per cent of the royalties on !'The War Song." Scheyer having written a story, "Private Jones," which George Jessel, star of "War Song," wanted developed as a play, Lewis decided to compensate Scheyer because Jessel and the Spewacks (Sam arid his wife, Beila Cohe^h^ 'iised a independent of Scheyer's creation. "The War Song" is stuck at the National, New York, although having" a chance to move to the Ambassador, because of a system of benefits, whereby organizations take over blocks of seats on the attractions at. a 25 per cent cut. Jessel states the American Legion, for its Christy Mathewson Memorial Fund, paid full price for the entire house, planning to re-sell the diicats at $10 flat. The coming to Broadway of "The Undressed Kid" will mark, among other things, the firjjt appearance of Sue MacManamy (Mrs. Otto Kruger) since the birth of . a. daughter. The child accompanied the mother oh the tryout tour of the play, frolicking about during rehearsals. Its pres- ence With the traveling troupe was good for some publicity. Miss Mac- Manamy is one of the principals In VThe Undressed Kit." Her husband. Otto Kruger, Is the leading man. Dixie Carroll htts replaced Thelma White in the eastern; company of "Good News." Miss White being out through illness. Miss Carroll is new to the proi;e.ssional stage. . Ralph Farnum saw her In an amateur show in Chicago later spotting the girl with "Good News" where she is .reported making good. Brady and Wiman's production "The Jealous Moon" which will .star ■TaiLe :r.o.>y l. Nva.s. b o ncces.s.'iry. P.ccause of the delay the nianngcrs.must pay rent, the amount being $7,000 for the two weeks. Beatrice Blinn, who -appeared in "The Song Writer," sailed la.st week for London whoi-e.she l.s to wed (Jrane Win)ur. Tlie author-actor went tlicre to.appo.'ir In "A. Woman Disputed," done here originally, by A. II. Miss Blinn was formerly married to a Seattle business man. Woods. Scvcral of'the Yiddish attractions on the East Side's rialto are making ii bid for touri.'St trade through o-S-lcnsive English .daily and periodical advt'i'ii.sing.