The Birmingham age-herald., 1911-02-12

New York, February u.-(Special)- )- Three new theatres are to be erected in this city, one in Harlem and two in Brooklyn. Those planned for Brooklyn are to be located in a section where tres now. This will raise the number of theatres in this city to 1l3.
 The Ancient Order of Hibernians has completed arrangements for erecting a theatre on it's property at Fifth avenue and 116th street and leasing it for 75 years at the gross rental of $2,50o,000. The lessee IS to be the Kessler Lyric Theatre company. The organization bought the plot, which measures 100. Il no, as a site for clubhouse. The plan was abandoned, however.
 The partly finished Clinton theatre in Albany, N. r.. recently, was sold at pub- lie auction for sG9,4 425. It is announced that the theatre will be completed. ~Ne- gotlations are pending for it's disposition to out-of-town theatrical interests.
 Contracts between theatrical managers and actors go hereafter in this state, and parties to them must abide by them The appellate division of the supreme court nhB Iulcu llldls lilc cOhtidtto pCtN players and managers are enforceable.
 The case is that of Florenz Ziegfeld against Nora Bayes and Jack Norworth, with whom he made contract for 1910 and 1911.
 The litigation dates back to the defec- ton of Miss Bayes and her husband from ''The Foliies of 1908" Last May Justice O'Gorman granted a permanent injunction which restrained Miss Bayes and Norworth from making their appearance in vaudeville. The de- fepse was that they were not permitted to complete their contract.
 The appellate division, in affirming the decision of Justice O'Gorman,. gives MT Ziegfeld Judgment for expenses for bll- ings and restraints the players from acting or singing, until the expiration of their contract, February 25, 1911. Presiding Justice lngraham dissented from the ma jority decision, holding that the contract was one that should not be enforced by injunction.
 The fire department intends to enforce the law which forbidsa people to stand in theatres, of which there are 1l0 In this city. Each manager has received from the department the following mo- tice:
 Your attention is invited to the deci- sion of tbe New York supreme court, appellate term, in the case Of the nre commissioner versus the manager of the Dewey theatre which covers the ques- tlon of standees in all theatres.
 "Under this decision the presence Of any standees in. the aisles or passage ways of any theatre is a violation of law"
 The law declares that persons shall not stand in the aisles of theatre, and has been generally observed. but the in- depreciation of the appellate division, Is that all the space back of the rows of seats is an aisle within the meaning of the law.
 A theatre is described as a place of amusement having 300 or more fixed seats.
 The managers may appeal from the de- cision If beaten they may build seats in the spaces now used as foyers and for standing room patrons. Standing room receipts are not to be sneezed at. A manager informs me that they are good for SlO0 a performance in theatre with heavy run of patronage. As New York theatres will average 320 a year. eight a week, forty weeks in year. the aggregate of standing room receipts can