The Birmingham age-herald., 1914-01-12
No Agreement Reached Yes
terday by Which House
Can Be Opened
HOBLITZELL STOPS
PLANS ARRANGED
Claims Agreement Has Been Violated
in Diverting Keith Vaudeville At
fractions from Orpheum to
The Lyric

Unless other attractions can be
secured other than those of the Keith
circuit, there will be no performance
tonight at the Lyric theatre.
1t is considered hardly possible that
performers can be secured at this late
hour and the situation seems to be
that the opening of the handsome new
theatre will be delayed indefinitely
This condition was brought about by
the restraining order granted Satur
day night by Chancellor A. II. Benners
on the petition of Carl Hoblitzell. ask
ing that an injunction be issued re-
straining the jefferson Rental company
and Jake Wells lessee from operating
Keith vaudeville in the Lyric theatre.
After hearing arguments of Forney
Johnston of Birmingham, Elias Mayer
of Chicago, attorneys for the petitioner
and Judge c. C. Nesmith, l. p. Hunt
and Max J. Winkler, attorney for Jake
Wells, Chancellor Benners issued the re-
straining order placing the bond at
81 1000 The bond has not yet been
filed, but it is understood that it will
be filed this morning as soon as the
bonding company can prepare the
papers.
Result OF Differences
The controversy seems to be the re-
suit of differences between Jake Wells
and Carl Hoblitzell as to the class
of performances that shall be presented
at the Lyric Both are interested in
the Orpheum and Majestic theatres and
are stockholders in the new Lyric. Mr..
, Hoblitzell alleges in his petition that a
breach of contract has been committed
by Mr.. Wells in attempting to present
Keith vaudeville at the Lyric theatre,
further alleging that he was under
contract to present such vaudeville at
the Orpheum only and that to divert the
attraction to any other place was to
its damage and a violation of the con-
tract. The proposition was ably ar
gued by counsel ON both sides. the at
torneys for Mr.. Wells contending that
there had been no violation of the con-
tract on his part and that the booking
had been regularly made by the JEFF
ferson Rental company As the case
now stands 1t viii be some time be-
fore the controversy can be adjusted
and IL will probably go before the SUI
preme court to be fully determined.
1t Is understood that after the re-
strainng order has been granted the
management of the theatre telegraphed I'd
| the booking company through which
| the performers were secured, of the ac-
prevent the performers from comm s
| to the city.
Wells Makes Statement
| The entire house was sold out for
Monday night and many tickets sold for
| the other performances. When seen
last night. Mr.. Wells made the fol-
lowing statement:
"a complicated condition of affairs
which | am afraid cannot be clearly
explained for publication just now
governs the possible disappointment
to me, and, perhaps, many theatregoers
relative to the advertised opening of
the Lyric tonight. So far as | am per-
sonally concerned as an individual and
as the executive officer of the inter-
locking corporations leasing the Lyric,
and that will operate the place of
amusement. there Is no reason for the
theatre not opening tonight and run
ming as per schedule announcements
'However. an associate has seen fit
| to secure an injunction restraining the
| immediate operation of the theatre.
and whether this will hold or one /
cannot now say. 1t is a matter in the
hands Of the attorneys and the courts.
There are so many complications that
| too much space would be required TO
explain them and I am afraid the pub
| lie would not understand, and 1t is
therefore best that ! say / trust the
matter will be adjusted promptly and
that the people of Birmin CHAM will not
be denied the privileges of this theatre
for the purpose for which II was pro-
NOTED and is now ready to open. l can
only repeat my keen disappointment
in connection with this unpleasant in
cldent, and regret that there has been
an attempt to deprive Birmingham OF
| what is termed a big time vaudeville
theatre, which I feel this thriving city
| is deserving of along with the other
| big cities of the south, such as Nor
| folk, Richmond Atlanta. Memphis and
| New Orleans.
II will say, however, in reply to the
allegation that l am attempting to di-
vert ATTRACTIONS from the Orpheum to
| the Lyric, that I control one half of
the Orpheum and only one fourth of the
Lyric The public can form its own
opinions"