Variety (Dec 1929)

Wednesds^y* December 18, 1029 LEGITIMATE VARIETY 51 MaclooDs Sue for Injunction Against Equity's 'Unfair" Ban nVE NEW MUSICALS ON 42ND BY FEB. 15 Holly wood, Dec. 17. Alleging, that Frank GUlmore, president, and Paul DuU^ell, exQCU live secretary and treasurer d£ the Actors' Equity Association, showed malice with the purposes and in- tents of Injuring the business of i;ouis O. Macloon and Ullian Al bertsoiv Maclooh as producers and that they deliberately, "fraudulently and deceitfully combined and con- federated" for the purposes of de- etroylnff the latter's business in the Deduction of plays, -eult for $100,- 000 was filed against Equity and its two executive officers in the United States District Court. . The action also asks for a tem Borary injunction against these de- fendants pending trial to restrain them from threatening to close up shut down or stop any play or pro- duction which the Macloons under- take to produce. The order also requests tliat Equity be restrained ft-om placing either of the Mac- Loons on the "unfair" list. The ap- plication for the temporary injunc- tion is to be argued before Federal Court Judge James December 23. The complaint, which was filed by Duke Stone, foririer attorney for. Eaulty, who is the latest of the, Macloon corps of counsel, sets | inez NoHon Feature ui forth that Equity prohibits Its members from making contracts witfi any manager who Is not ap- proved by the organization, and on many occasions since July, 1927, Equity, has publicly charged the Macloons with being unfair and on the "unfair" list and prohibiting actors and actresses belonging to their association from dealing with the Macloons/ ; - Macloons deny the. allegations they are "unfair." They, state that approximately 95% of the actors and actresses that may be: available Production activity is on the up- bound, -with \musical attractions. By Feb. IB five new musicals will be on 42nd street, the gi'oup there to number at least a neat half dozen. All thriB^ Selwyn houses will have fresh shows of that type—Arch's "Wake Up and Dream," Selwyn; Edgar's "Strike Up the Band," Times Square, and a new De Sylva, Brown and Henderson show which George White will play at the Apollo. ; "Ripples" will be spotted In the New Amsterdam by Gharles Dill- ingham. Close by in the H&rrls Mrs. Edgar Selwyn's "Nine . Fifteen" revue is due. This does UQt take in considera- tion either . of the two impending Zlegf eld shows—"Simple Simon" and the Marilyn Miller-Astaires at- traotlori. Readying and also re- ported for 42d street Is Lew Leslie's "International Revue." "Deception,'' Legit Piece Inez Norton, the former Ziegfeld girl, who figured In the Arnold Rothstein murder, case and was a. beneficiary in the late gambler's will, is returning to the stage featured in a new show. She signed a contract last week to appear in "Deception," new play which will be produced by Bernard Lfevey and slated to go into rehearsal Jan. 2. Edward. Elsener, who is to direct, Denver where he was called Shows in Rehearsal "The Bottom" (Leo Bulga- vak), Waldorf. "Seven" (Jimmy Cooper), Republic. "She Got Away With Mur- der" (Shuberts), Shubert. "Trevelyn's Ghost" (Brlm- ger & Tyler), Frolic. "Apartment 7" (Frederic Clayton), Bryant Hall, "Hoboken Hoboes" (Will Morrlssey), Lyric. "He Got the Job" (John Golden), Little. "Nancy's Private Affair" (Myron Fagan), Knickerbocker. "Nirie-Fifteeh Revue" (Ruth Selwyn), Belmont. "When Hell Froie" (Mac- Gowan & Reed), Longacre. Twin City Envy Eased by Gesf s liracle kRedforlOOGsmSl. -4: TICKET GYP MEETING BUT ANOTHER GESTURE NEW PRODUCnON LAGS AS MIDWINTER NEARS ana acireoeco wai. ^v- — • ~— i Is ln jjenv.er wucio i»o »« -u^.. —. for employment belong to Equity deaths in his family and he will and as a result Macloons are unable ] return to New York until New to get, competent actors and ac- tresses for "The New Moon" which requires 68 players and which the Macloons want to produce for 12 Nothing brewing in the legit pro- duction field with the season hialf over. Shuberts are basing tlieir activities for the rest of the season upon revivals, mostly musical, .fig- uring on establishing these revivals in Philadelphia, Boston and Chi- cago to plug up some of those holes on the road. Scanning the list of otlier pro- ducers, only two shows are actual- ly In rehearsal In New York right now. Ziegfeld started on "Simple Simon" this week and Mrs. Ruth Selwyn on her "9:15 Revue." Only other new thing in the horizon is Edgar Selwyn's "Strikia Up the Band," with Clark and McCuUough, duo oii Broadway shortly. George White If? still fooling around with the Idea of producing ia, musical for the spring and has asked De Sylva, Brown and Henderson to give him an outline of a book and score, but whether the show Will materialize is a guess. -weeks at the Majestic beginning Jan. 12. . Gillmore's Threat Complaint alleges Gillmore, speaking for the governing board of Equity, recently, stated that If the Macloons attempted to open a show or play he would stop It and would use his affiliation with the Amer lean Federation of tiabor to cause, musicians and stage hands that might be employed In said show to strike, even though these men are not required to be members of Equity, Complainant alleges that as a further object' of conspiracy. Equity and the other, two defendants caused to be posted In the Hollywood of lice of Equity special notice to Its members that the Macloons are considered "unfair" to the Equity and that no member will be per mltted to contract or rehearse with any firm with which the Macloons are connected without rendering themselves liable to suspension. Complaint states the Macloons have paid $5,000 for the privilege of staging "The New Moon" and that they have contracted for the rental of the Majestic theatre at 11,000 a week for 12 w|eks. As a result of being called unfair by Equity, the Macloons claim they have lost many valuable pro- ductions. , . The order to show cause was igranted by District Court Judge Ed- ward J. Henning. To support their application for a temporary Injunc- tion charging unlawful conspiracy to Injure ^nd destroy which Is al- leged to be Interstate within the meaning of the United States Con- Btitutlon and violation of the acts of Congress a number of authorities have bieen quoted. •L B. Kornblum, attorney for Equity, stated that the troubles of the Macloons have been due to. Mrs Maclopn's violation of a signed contract with Equity. Denies Arbitration Offer Miss Albertson denied, that Gill- more br Equity had offered to ar bitrate on her book In which she —charges—unfair—Equity=-=:taatica. against herself and Macloon, also what she terms an "outrageous strike against us In 1925." She states she received a short letter from Gillmore to the effect that the matter was In the hands of the council. The matter of "plac- ing her on trial" before the council .is what Miss Albertson terms plan to "shift the defensive to me," but that "little travesty" was plan Year's. Except his summons home the Norton show ■would go into rehearsal Immediately. ■ Levey says "Deception" will not ] have any istory bearing on the life of Rothstein. ned before the injunction and dam- age suit in California. Callino on Union Heads Los Angeles, Dec. 17. Louis O. Macloon, ruled unfair by Equity after various squabbles with actors In his employ, arrived In New York Monday by airplane to confer with William Canavan of the Stage Hands and Joe Weber of the Musicians. Macloon is asking these crafts to ignore Equity and permit him to get stage crew and orchestra bo he may produce "New Moon" on the coast. ^, A Stage carpenter has been hired by Macloon to build the production and is awaiting wire advice from Macloon to hire a full crew and pro- ceed out here. ■ „ Macloon claims he stands willing to arbitrate with Equity, but that Equity flatly refuses to open the various cases involved in his place- ment on Equity's unfair list. The Shuberts have cut down office personnel where . the latter were considered no longer necessary to carry on the work. Street rumors had Jos. Gaites leaving, but that's-not so. Kanfman's 2^ for Wridng Out Coward's Idea A group of Broadway managers I Is again conferring on the oft-agi- tated problem of alleged ticket gypping. After a session last Thursday a committee on ways and means was formed but a caustic commentator doubted that any con- crete plan win ijt arrived at before the Palm 'Beach season diverts the managerial attention. One of the producers who called the^ meeting; angrily , presented a ticket agency bill paid by one of his friends. A particular item objected to was a charge of $26.40 said to have been made for a pair of tickets priced at $3.85. at the box office.- The nieetlng was not fully repre- sentative. Few on the matter of tickets ever have been. The nearest Broadway ever eame to attempting to control high prices was a plan for a centralized ticket agency. The most recent of sUch plans was the offer of Joe ^Leblang to tear out the Cohan theatre and establish the central office. It failed, because only about 50 per cent of Broadway's theatres agreed to the plan, whereas Leblang believed at least 80 per cent representation would be nebessary. The Warners, who are backing "Fifty Million Frenchmen" at the L""ic, called the brokers In last week in protest against high prices charged, The agency men were asked to be more moderate In their rates. The brokers arranged a 450 nightly buy for "Frenchmen." First it was proposed to withdraw the buy and charge an extra dollar per ticket. The Warners, however, vetoed that and sent for the brokers. The managers' committee on ticket gypping Is: Arthur Hopkins, Gilbert Miller, Brock. Pemberton, William Harris, Jr., and Dwlg^^t Deere Wiman. - * It Is known that on a number of occasions this season the agencies have been selling tickets on the sidewalk for less than box office price. That often happens at cur- tain tlifte or shortly afterward when broke.s hold tickets too long and at too high a price. Throughout Mon- day afternoon runners for agencies offered tickets for a 42nd street show at reduced prices in front of the theatre. illnneapolls, Dec. 17, Minneapolitans are saying "I told you 30" now that it is apparent that "The Miracle" at the St Paul Audi- torium Is a box-office bust that will put Moiu'is Gest heavily in the red for the 20 performances "The Miracle'' Is the first big the- atrical attraction In Twin City his- tory ever to pass up Minneapolis for St. Paul, It hitherto always having been just the other way around^ As MlniieapoUs hag 500.000 popu- lation to 300.000 for St. Paul, It la considered a much better show town and boasts a 10,000-seat Audi-: torlum which would have been an Ideal spot for the spectacle.* The low-down was that Gest brought the attraction Into St. Paul out of friendship to Sam WiUIama, editor of the St. Paul ^'DlspatcW and a former New Yorker. As far as Gest Is concerned It proves a costly act of friendship, ijetting him back more than $100,000. As the story goes, Williams and Gest were pals In New York. l»ast yea* Gest came to St. PauV to look over the Freiberg Passion Show playing a,t the 3,000-seat Avdltorlum there. During a conversation with Gest, Williams suggested that the former bring "The Miracle" to St. Paul. "I'll do it," declared the Imr presarlo Impulsively, and he pro- ceeded with the arrangements with- out looking Into the Twin City the- atrical situation oir making any In- vestigation. It is said he did not even visit Minneapolis which Is just across the river from St. Paul, leas than a half hour's bus ride. Gest, himself, says the "hut" for the 20 performances of "The Miracle," In St. Paul, Is $175,000. The attraction has been grossing an average of $3,000 per peiformance. In many of the cities booking "The Miracle" Gest gets local mer- chants to underwrite it, gua;rantee- ^ Ing him agalhot loss. No such pre- caution was taken In St Paul where It Is doubtful aiiyway If such ar- rangements could have been made, Gest thought that the three leading newspapers of the city In co-bpera- tlon with Its Association of Com- merce could put th^ pr6ject across for him. It's a terrible slam for St. Paul and drags ltd reputation as a show town still lower In the dust. Gillmore stated this week thaf the offer made to Miss Albertson was that Equity would attempt to prove distortions lit the book, naming Max SteUer, attorney for the Macloons as the sole referee and If he up- held Equity's contentions, she would then be called on to, repur diate the book. Mr. Steuer, cred- ited with having asked Gillmore to consider reinstating Miss Albert- son, declined to comment to a va- riety-reporter When some other person than Steuer was proposed to consider the book. Miss Albertson replied she would consider that In Feb- ruary, but wanted permission to George S. Kaufman Is writing the book and dialog for Ziegfeld's new mUsical which will have Marilyn Miller and the Astaires. Kaufman Is working on the Idea submitted to Zleggy by Noel Coward, at a price. Coward's deal with Zleggy 'was unusual. The manager asked the English genius to write the book. Cowardr on'the eve of departure for the Orient, replied he couldn't do that but would supply an out- line for story. ' For that he asked $10,000. Coward's stipulation was that even if the story was rejected he was to retain the money, but if It were used he (Coward) Is to re- ceive 1%% royalty. Ziegfeld agreed, paid Coward and Is said to have been pleased with the story. Kaufman is to receive 2% for writing the actual book, and score will call for as much addi- tional rpyalty. Aafons-Freeffley Making Film Debul With Radio? SHUBERTS ARGUE J. J. S^ils Suddenly—Different Rea- sons.—Bad Business and IVIarket Although their name has fre- quently been linked with Para- mount, It is now probable that Aarons and Freedley will make their.picture debut via Radio. Extent of the contract, whether rimrv hut wanx«u pcxx.x«. , for one of the firm's musical shows, The cS^s^falnst Miss Albert- | Ihe only sure thlng-about the^mat- son are set for hearing by Equity s council on Jan.. 7 or 30 days after notice was sent her. That is the JisiiaUperiodJn^ch cases but^ subsequent date may be set if re quested by Miss Albertson. The Macloons' suit was brought In the Federal court jurisdiction. Federal court Is held to be debat- able, ^he decision of Justice God- dard tended to establish in the Edelsten case that Equity may not be sued in the Federal courts un- less diversity of citizenship among the members is proven. Iter Is that tlio deal Is being dls- 1 cussed by tho Interested parties. JWhole Cas t of D oj^ Actors are being ca.st for a se- ries of sketches to be put on at the iRItz Carlton Hotel New Years eve. A society man named Carlton Hub Is managing the affair for a private club and Is seeking actors who resemble members, of the club In order to fit Into the sketches, which are satires on the club hap- penings. When J. J. Shubert suddenly left for Europe Broadway rumored he had walked out on his brother Lee. According to the stories the boat ride followed a dispute between the brothers, with William Klein, the Shuberts' attorney reported In- volved. ^ _^ t. The few remaining Shubert at- tractions on the road as the result of a number of closings, appears to have left little for J. J. to do. It was known that poor business, especially out of town, had riled the younger Shubert. Retrenchments here and In Bos- ton,. Philadelphia and Chicago'had been made. At present the Shu- bert production shops are virtually shut down. The drop In the valua- tion of Shubert stock in the market did not help matters Internally with the firm. : • - . Regardless, J. J. Is expeeted to combine his vacation with business. He Is expected back with musical comedy and reVue Ideas from Paris and the other continental-capitals. JAP REP CO. TO TOUR Hollywood, Dec. i7. t'nder th& auspices of the Japa- nese Theatre Association of Dos Angeles, Tokujlro Tsutsul and his company players, who appeared here last year, will make a tour of the United States starting In Jan- uary.. ^ ■ L - Company, c onsi sts of 14 players and it has a repertoire of eFghl plays. [TOM WISE LEFT $48,700; NO VALUE TO SCRIPTS Tom Wise's estate has been ap- praised at $50,818. No debfs. He had invested $30,555 In mort* , gages and $17,187 .In securities. His wife, Gertrude W. Wise, got $48,708,. while $1,000 was left to the Lambs' Club, No value Was found for his play, "Doctor," left to Nlla MacBrlant, a friend, with the request jhat his wife make a cash provision for her; while a manuscript, "I Rem<5mbcr,'» left to his sister, was also declared valueless. A value of $10 was fixed for his stage wardrobe and wigs, left to Percival Vivian. Drama Revivals Next After their operetta revivals are all on the road, the Shuberts will stage a cycle of revivals of Oscar Wilde's plays with "'Lady Winder- i mere's Fan" flr.st. Shuberts Buying Int "Veneer," which closed on Broad- way after playing four weeks; Is going to Chicago. Equity agreed , to the show laying off last week and resuming out of town, all salary claims having been paid. The Shu- berts have guaranteed salaries for the Chicago date and are believed to have bought In. The Shuberts have also guaran- teed salaries for a show called "The Newly Poor." The piece was known as "Iri Dear Old England." Elmer Bostwlck an actor, has the rights. Rehearsals had been called oft by Equity last week when Bostwlck failed to provide the usual salary protection. Beban's Eststte, $492,235 Los Angeles, Dec. 17. The estate of the late Geor' Beban, stage and screen, Is val- at $402,235, according to the ■ven tory - fil ed In p roba te coi'^^^ . licNtlTT'S FIR Houywop' Patterson McNutt T director of "Ladles I nlng," as his first Columbia. • Fi-ank Capra.wir 1ture end.