Variety (Dec 1929)

52 VARIETY LEGITIMATE Wednesday, December 4, 19Ji9 Withhold Musical R^hts On Phys Sold to Pictures-4)oDUe Profit Musical comedy rlerhts for plays are no longer sold to picture com- panies alongr with the sound and picture rights, as has been done in the majority of instances pre- viously. Authors and legit pro^" ducers are now holding that a drama must be treated as such and not converted into a musical com- edy or a score add^d unless an ad- ditional fee for Its conversion is paid. . • , Latest example , of this is "Little Accident" written by Floyd Dell and produced by Crosby-Galge last year.' The play has just been sold to Universal on the minimum basic agreement of " Joseph P. Bickerton, which prohibits IT fromi converting the piece into a musical comedy as had been intended. . At the most, U Is allowed to use but three songs in production. One of the main reasons for this change Is that legit producers may later desire to make a musical com- edy from the play. Also sale of ^ialog and musical rights' at sep- arate tim^s. As an example, they name "Shore Leave," produced by Belasco; In 1922 with the film rights later sold to Inspiration Pictures, who pro- duced It silent in 1925. ToUnians then secured the play and converted it into a musical comedy, .re-naming it "Hit the Deck." Musical was later purchased by RKO, who, qleared all claims of Inspiration to the play by paying them $10,000, and paid $62,500 to Toumans for music rights. Ziegfeld's "Whoopee," to which the musical and picturization rights are being negotiated for at present by a film company, was previously •Nproduced as a pliiy titled "The Ner- vous Wreck." Film rights were bought and the play produced by the old P. D. C. Company, since then absorbed by Fathe, Ziegfeld is now asking between $50,000 and $60,000 for the music rights. First asking price was reported tp be be- tween $40,000 and $46,000. Linder to Try "Cortez" On Road After Terrible Bust Day-to-Day Legit Los Angeles, Dec. 3. Silary guarantee for "Bad Babies" cast la paid to Equity In dailv installments. . George Scar- borough's arrangement with Equity Is an assignment of box office receipts, with a check paid in after every count-up. Ruth Renick has same arrange- ment for "The Passing of the Third Pliior Back" at her Actors'. The- atre (Orange Grove). Engagements Harold Grau, associated with the M. Grau agency, Chicago company of "June Moon." Murray Smith, James Spottswood, Edward Wood, Edith Van Cleve, Edith Arnold, Ruth Holden, "June Moon" (Chi- cago). Margaret Namara, "9:15 Revue." "Revue*' for Amsterdam "The International Revue," which Lew Leslie is lining up, is slated for the New^ Amsterdam aifter Jon 1. That house was named for "Simple Simon," one of Ziegfeld's show which is to star Ed Wynn, but production has been delayed be- cause the book has' not been written. "Sherlock Holmes" revival Is cur- i-ent at the New' Amsterdam. Re- vival was slated for three weeks but started so strongly the date, will be extended. Leslie is reported engaging Clay- ton Jackson and Durante for the comedy, end of the revue, at $3,000 weekly. • Los Angeles, Dec. 3. ; "Lulu Belle," with an all-colored cast, comes to the Mason Dec. 29. Nina Maa Xinney, femm6 lead in "Hallelujah" (M-G), will do the title part. Charles MacArthur will stage the piece. Homer Curran Is understood 'to be the producer, having leased the theatre for a period. . Salary claims against Jack Lin- der du6 to the premature closing of "Cortez," starring Lou Tellegen and produced by Linder, were, lifted by the latter last week; With a clean slate again at Equity, Lin- der says he Avill recast the show and send It on totir within the next few weeks. . ''Cortes!" folded at the Mans- fleldi New York, three weeks ago, cast refusing to go with the Mon- day' night performance when pre- vious week's salaries had not heen paid, Linder was in the hospital at thie. time, recuperating from an ap- pendicitis operation. He had a b?ink letter up for bond. With cast closing tlie show, Linder was relieved of the usual notice clause obligation. ."Cortez" was the second flop for the indie vaude booker wh!p went legit two seasons ago as producer of Mae West in "Diamond Lll." Despite -the latter being a winner, Linder and tlie star crossed bats in verbal combat upon several occa- sions with a final split when Shu- berts took over the Linder inter- est in the production. . Lihder's other flop was , "The Squealer," which floundered for a couple of weeks .at the Forrest, New Torjk, dropped plenty and ;was figured to have cured Linder of his legit producing yen. NO PAY FOft OPERA Maurice Frank Missing in Provi- iience at Salary Time Providence, R. I., Dec. 3. • Maurice Frank, Impresario, who a week ago encountered financial difficulties. In Boston With proniotion of the Cosmopolitan Opera Co., tried his hand again with a week's stand of International Opera Co. at the Carlton here. He could not be found when sheriffs sought to serve writs for payments to performers and othfrs interested.- Patrick Killikelly and Maria laco- vlnp, both of the' American Opera Co., sang one night here for Frank and went to court for legal as- sistance in getting salary. Two pef- formanccs were staged closing day by Edward M. Fay, house-oWner. Colored Show Activity Two all-Colored shows are re hearsing In Harlem, with the pro- ducers reported planning a down- town Invasion later. One is titled "Melinda," the other "Sepia, the Vagabond." Latter Is produced by Sam Davis. A third new Negro outfit, headed by" Eddie Hunter, is due at the Lafayette ' next week, with dates plannsd for Pittsburgh, Baltimore, Philadelphia, Chicago and Detroit. Angels On a Lark William Faversham, who recent- ly closed in "Her Friend the King," is planning a revival of' "Henry VIII." Faversham is reported being financed in the new venture by several wealthy society fashion- ables, dumping their coin in as a lark, and with identity strictly under cover. "Follow Thru" Subs In addition to Beth Meaklns, two other members of the Boston com- pany of "Follow Thru" will join the New York company at Christ- mas, the show then leaving Clianln's 46th for. the road. Evelyn will replace Madeline Cameron, while Ai'thur Cattjpbell takes John Barker's role. Bobby Jarvls, of the Boston unit, replaces Billy Wayne in the Chicago company next week FLORENCE HILIS MEMORIAI Benefit . for the Florence Mills Memorial Fund is being planned for the Casino theatre, N. Y., night of bee. 15. Committee is after show of white artists, with a white audience ex- pected as a result Floyd Snelson has been delegated to approach white professionals. "Here 'TiV ^ Yours very truly UTTLE JACK LITTLE CuUen Espey, Gen. Mgr. Skouras Bros,, , says: "Sleet, snow and cold couldn't keep 'ein away." Walter Hickman, Indianapolis "Times," cald: "Of course. Little stops the show. This man is an artist and a genius in piutting songs on the air." Shows Closing Two revivals are off Broadway's list, also two Hoboken shows, and five other attractions are closing. "The Patriarch," Independently presented at .the 49th Sfrefet last week, will be taken off Saturday;. "The Silver Tassle," which was hoped to be a go.pd starter at the Greenwich • Village (renamed; Irish Theatre), struggled along for a month but will bow out this week. "The channel Road," presented by Arthur. Hopkins at the Plymouth, will be taken off at the end of the eighth week. Liked by first night- ers,. but average business of $9,000 not satisfactory to manager. "Fam- ily Affairs" was slated tp fojlow but goes to the Elliott, Hopkins using Plymouth stage to rehearse a new show.- THE CHANNEL ROAD Opened Oct. 17. Mantle (News) believed "fine play" answered cynics who ask why critics can't write creatively. But Garland (Telegram) ex- pressed the contrary view hold-, ihg it "a great disappointment.*^ "Cross Roads," presented by Louis Gensler, closes at the Royale to- night (Dec. 4). It moved there from the Morosco last. week. Played three weeks. "Rope's icnd," which moved this week from the Masque next door to the Elliott, will be. moved back to the Royale next Monday. CROSS ROADS Opened Nov. 11. Darnton (Eve. World)_ was unhesitat- ingly, enthusiastic, eallinrg it ''best college play ever writ- ten." Notices generally tinged praise with doubt. * Variety (Bang) predicted: "destined for a short existence." "A Ledge," Independently done at the Assembly (Princess), was taken off last Saturday. A couple of weeks. A LEDGE Opened Nov. 20. Mantle (News) vyas alo.ne among first- stringers -in tackling* this oniei. "The trouble is," he said,"that it's another of those unbeliev- able plays written around a single .dramatic incident.** Variety (Waly) thought it deserved support. "The Shoestring Revue" stopped at the Lyric, Hoboken, last Satur- day at which time "After Dark" ended a 51 weeks' engagement there at the Rlalto. "Charm," revived last Thursday at Wallack's, stopped Saturday too. "Caponsacchi,". often revived at Hampden's, closed this week. New Bronx Co-ops • Rich , Be- Angelus and Saimmy Scovillc have taken, over the Bronx Co-operative theatre. Dei Angelus is a producer and 5cbvnie~a"gtage"^aireetor. Shuberts Cutting Down Office Staff and Production DepL Force "Maggiii" and "Contror Fold After Philadeiphia Philadelphia^ Dec. 3. Two more Broadway shows folded and were shipped to the storehouse Saturday, "They are. "Maggie the Magnificent" and "Renaote Control." While neither was a New: York success, "Maggie" was believed to have a good chance here, since local reviewers favored the show reversing the metropolitan critics. It lasted but two weeks after leav- ing .New York. "Remote Control" was out three weeks. FUTDRE PLAYS "Follow Thru" in Frisco Hollsrwood, Dec. 3. Coast production of "Follow Thru" goes to the Capitol, San Francisco, Dec 22. . Dotiald Macloskle replacing Carl- ton Kelsey as musical director, only change. ' Cast for Vincent Youmans' "Treasure," written by Bayard Veil- ler and Becky Gardner, Includes Gierdo. Nadzo, Jesse Boyce Sandes, Edward Fielding and Allan Camp- bell. .: . Harry Delf's new show, "Inno- cents," opens Dec. 9 in. Jackson Heights, L. L. Cast includes George McQuarrie, Vernon Rich, Nydia Westnian , Helen Baxtei', Charles Hanna, .Katherin Hayderi, J. H. Bewer, iohn C. Hickey and .Mar- garet Arrow. "Harlem Nights," colored musical, went into i-ehearsal last week with Max Grisman producing. Opens out of town Dec. 23. and comes to a New York house two weeks later. . Cast includes Harry Harris, Babe Harr-ingtbn, Madge Kenny, Louise Daley, Frank Hunter, Tommy (Slim) Carr and others. Kenneth MacGowan and Joseph V. Reed have combined as legit pro- ducers. Their first will be "When Hell Froze," comedy by Wilbur Steele and Norma Mitchell. Helen MacJCellar will have the lead. Rollo Peters is taking his reper- toire company to Boston for four weeks before coming to New York. Revivals Peters will do include "Affairs of Anatole," "Playboy of the Western World," "As You Like It," "If I Were King," "Romeo and Juliet" and "The Only Way." In the company are Frances Dale, Jane Grey, Valerie Valaire, Peggy Coudray, Don Beddoe, Cyril Weld and Lysle Talbot. "Sisters of the Chorus," tried out last spring by A^ L. Saflan, has been taken over for production by Bobbie Newman. "Hot Saturday," dramatization of the novel of that name, will bs next production of the American Playwrights Theatre. "Ftecapture," by Preston Sturges, went Into rehearsal this week for A. H. Woods. James Rennle and Ann Andrews will be co-featured- Talkers Oust Stock ' Marion, O., Dec. 3. Talker opposition will bring to an end Sunday the stay of the Myrtyl Ross stock at the Grand. The troupe has played 14 weeks. Last season, it remained 20 weeks. Miss Ross is director and M. S. Gross manager. UTHO MERGE& The United States Printing and Lithograph Co. of Cincinnati and the American Lithographic' Co. of New York are expected to be work- ing under a mergerized hesid by Jan. 1. Their assets total approximately 115,000,000; "TOP SPEED'* CHANaES Irene Delroy and Harlan Dixon havtf ^een added to "Top St>eed," the Kalmar and Ruby musical, financed by Warner Bros., now in Philadeiphia. ' Ben Pollack's orchestra is out and several other changes will be made - before production opens at t he. Chahln,^ New York^ Christmas Day. • r^-— Irish Players Continue The Irish Players, at the Green- wich Village theatre, will take off Sean O'Casey's "Silver Tassle" Sat- urday, completing the subscription season. Troupe aaya it haa another play in rehe$irsal. Shuberts' production department has virtually shut down. It will be conducted at a minlnium until, the first of the year, or perhaps indefi- nitely. The firm's plant is located in Greenwich Village, where under considerable floor space are tBe combined sce:nic, • costume, props and storage departments. The pro- . duction and costume shops em- ployed about lOO persons. At pres- ent there are said to be but about a dozen. Not only are the production de- partments affected In ' the curtail- ment order, but iquite a number of clerks In the Shuberts' general of- fices have been laid off. The operetta revivals staged at Jolson's are the schedule for that house extending' into the spring.. Enough people have been retained to handle the job. The Shuberts appear to have let down in .musical production, but rehearsals for a new "Greenwich . Village Follies" are about -to be called. Their plans after New Year's are rather in doubt. The Shuberts: appear to be con- centrating right now Oh straight piays—comedies and dramas. The play reading department has been extended to include half a dozen persons—^everybody in the Shubert office seems to he reading scripts or on the hiint for. straight plays, otherwise produced, for booking in Shubert theatres. Operettas to Road Revivals of operettas, which have been a successful policy at Jolson'3 under direction of Milton Aborh, will be sent intact by the Shuberts to the road. Principal dates to be filled at the Majestic, Boston, and Keith's, Phila. Out of town scale will probably be same as at Jolson's, where at $3 top "Robin Hood" grossed. $25,000 last week. Ben Atwell will handle the promotion in Phila., with Wal- lace Munro similarly engaged in Boston, the revivals being due in both stands at Christmas. "Mile. Modiste," with Fritzl Scheff, lasted beyond the two-week limit at Jol- son's and Is now on tour after mov- ing to the Casino. ,'IBabes In Toyland" lines up as tile biggest of the revivals here, and will follow "The Merry Widow," current. It Is slated to play four weeks, almost a sellout reported. • Demand is indicated by sparse^ allotments given a few agencies. Dally matinees are scheduled be- tween Christmas and New Year's. AHEAD AND BACK W. L. Wllken, ahead, Joseph Gllck, back, "Queen Bee," Chicago. Ned Alvord, ahead; Abe Cohen, back, "Night In Venice," Chicago. Willard HolComb is press agent- Ing the L. I. theatrical league and nobody except Willard knows what it is shooting at, except that Bor- ough President Harvey of Queens seems to be involved In it some- where. What Harvey, under fire for reinstating man named Moore who was Involved in the Queens political scandal, wants with a press agent Igi your guess, Harvey get- ting page one slamming daily. Leighton in Again Victor Leighton, formerly, book- ing nianager for A. L, Erlanger, is handling "Headquarters,'* produced by Alfred E. Aarbns and Walter Vincent. Show opens tonight at the For- rest. Leighton has been in retire- ment several years. "Randy'Detour "Christopher Rand" folded for repairs instead of steering into the Forrest, New York, last week. Show, authored by Eleanor Rob- son Belmont.=and=HarrietJ^ord, bad. played a week out of town when Leslie Buswelli producer, decided it wasn't ready for New York. • Small Mortgage Foreclosure The People's Playhouse, at 158 East 27th street, New York, has been sued by Fred C. Mumford, to foreclose a mortgage for $4,000.