Variety (Dec 1929)

Wednesday, December 11/1929 L E G I Tl M ATE VARIETY 63 MACLOONS REMAIN ON EQUITY'S UNFAIR UST Although reports from Los An- eeles say that Ix)uls Maclbon and Lillian Albertson-Macloon have se- cured a theatre and axe preparing to produce "The New Moon." Equity declares 7<t has Instructed its Los Angeles office to the effect that no Equity member will he permitted to accept aJtx engagement from the Macloons, until they have been re- moved from Equity's unfa.lr list. A notice to that effect was ordered posted in the coast office. Macloon, (Bald to have gone into the boat building business at Mystic, Conn., left for the west recently. Charges, have been preferred against Miss Albertson with Equity's Council. She has been sent notice tljiat the case will be heard early In January. If the charges are ppheld Miss, Albertson will be subr ject to suspension or expulsion. "The charges are based on Miss Albert- eon's book during Equity's ; losing fight on the coast last summer in attemptiijg ,,to organize the talking picture field.. The book wag labielled "One for Alt and All for One, but That Ohe Is Frank Gllimore.'' The book makes charges against iSIllmore In particular' and Equity In general. When Miss Albertson recently sought to be reinstated as a manager she was told that'might be done if an arbitrator ruled the book was, as Equity'is Council main tains, unfair and distorted, she .re tracted. Miss Albertson refused tg^ accept that proposition. Los Angeles, Dec. 10. Louis O. Macloon and his wife, Lillian Albertson, have taken over the Majestic under their own names. It is said, and will function as the coast producers of "The New Moon," due to open here. Jan. 12. Their option, secured from Schwab & • Mandel, runs until Feb. .15. They have taken, over the three- year lease, held by. E. E. Horton. Latter wHl-make two. pictures for^ Warners and one for.Janies Cruze W.lthln the next six months. . Con tact for the Macloons with the pub 11c will be Lee* Parvln, as house manager. Author's Precaution Chiseling tactics of'a Yid- dish legit group In New Tork, playing one attraction for more' than a year, makes It necessary that the author sit In at the box office at every performance, in order to col- lect full royalty. PREACHER NO CHUMP Lays Off Free Publicity for Re- opened ''Bad Babies" Los Angeles,'De<3. 1.0. , J.. Stuart Blackton, ifornfier pic- ture, producer, is backing "Bad Babies," which reopened after a jury disagreed on charges that the play was immor^il. Blackton was encDura,ged by the trial publicity, and. with hopes that Rev. R. C, "Bob" gcliuler, who was responoible for its closing would at- tack it over his radio station. . Schuler has not given the reopen- ing a tumble, and shtiw is having a tough time getting by^ ICentury Coimnish Suit Against the Shuberts •The Appellate Division has de- nied an application by Lee Shu- bert and the Trebuhs Realty Co., Inc., to compel David H. Gross to give additional particulars. In his suit against them for $43,500. Gross [alleges that he was engaged to pro cure ,a purchaser for the Century j thieatre property arid that he inter- jested Irving Chanlh, as a result of which Chanln, or the corporation in which he was interested, bought the property for a.f least $3,500,pOO. Tiie defendants dehled the main allegations, arid got a.n order for I particulars, but failed In their re- quest to get Inforriiatlon from the plaintiff as to the manner In which he brought about the. sale! of, the I real estate to the Chanln Interests, arid' all the steps taken iri affecting I the sale.' RADIO BUYING STAGED LEGITS Contracts have been signed for a number of former stage shows to be done via radio, "Desert Song" was sold for one hour of broadcasting when a new station In Minneapolis opens this riionth. Stock men throughout the country have be- come vltaJly interested. Release for broadcast 'wa.s engineered through the American Play and French of- fices; with the Minneapolis radio in- terests. Leading of plays for radio is just beginning. Wonder is if It wlll knock stock' completely out of ex lolence or help It. Heretofore radio stationc have offered dramatic skit-3, but all originals and for the n-'psv part performed by amateurs. One of the pioneers on the spoken yoico Via air Was WGTn Schenectady, but lis ih.itial efforts were amateurish L'oth af- to plays and players,. A radio stock cothpany is not new, but weekly presentment of standard plays is. One New York stock of fice has prepared a list oif old plays which have outlived their useful- ness in stock and are being offered for radio. ' SYRACUSE'S MEMORY ONTHEtOUTELLEGENS THEY'LL LISTEN FOR TEAR Hollywood, Dec. 10, When Louis Mann completes his work at M-G-M in the "Old. Timers' Revue," he ■will remain on the lot another year, Metro gave him. the ticket through William Perlberg of the William Morris office. ANNE NICHOLS' REST Closes Office^Legit Conditions Un- favorable. Believing; that conditions in the legit field are not favorable, Anne Nichols, fariied author and producer of "Abie's Irish Rose," lias tempo rarily retired to her ranch in Cali- fornia, Her omce's in. the Pulton Theatre: building, Niew York, have been dismantled, although the. lease has another year or so to go. That Miss Nichols will return east before the end of the season is not improbable. The trip west was sug gested by her physician. • Miss Nichols early this season prepared a schedule of several plays for presentation, . "She. Walked Home" going; on first. It was with drawn after two arid a half weeks, during which the show drew bad breaks; One was a nilsslng prlncl pal who, on the bjpening night in Washington, failed to appfear; He said he didn't know the'show was'to play that night (Sunday). IPUYBROKERS INACTIVE FOR PAST SIX WEEKS New York. play brokers are sing- ing the.blues with picture compa- nies calling a halt In buying up old and current '.plays for screen pyp- ductlon. Rrokers claim the present inactivity in their biz is unprece- dented, with not a single Broadway play sold to ..a " film producer In the past six weeks. Even first string brokers working on. assignmerits frprn picture com- panies have been, hard hit, with practically all assignmerits called oft. Brokers say the major film concerns are overloaded with writ- ing staffs and are holding- off any outside stuff pending a. check-up on their , own material, • Another angle not liked, by the play brokers is the existing Bicker- ton contract between author and producer,. Avhich cuts i3rok6rs' com- mission from 10% to 6%% on all plays dating after 1926, when Jos. P. Bickerton, atty., became the mediator between the\ Authors^ League ■ and Motion Picture Prod- ducers' Ass'n, retaining for his fee % of the brokers', commission. Some brokers are unwilling to do busiriess on 6%% basis, preferring to handle plays prior to the Bicker- ton agreernent and passing up many of the .current ones. Sari.Francisco, Dec. lb. ,Rudy Kaye of the Carrib and Eddy act, at, the Golden Ga.te last week dropped ''The Desert Song" number when fiiey found warning notices' plastered around by Louis Macloon, threatening prosecution of any professional using the isorig. Hollywood, .Dec. 10. Louis O, lyiacloon has announced his Impending debut as a producer of pictures, . Macloon Stage and . Screen, Inc., Is -the corporate title of a state's rights organization. ' ' Wary of Broadway New shows In rehearsal in New York and those already prellmmlng In nearby, territory are wary of hit- ting Broadway until, af tier New Year's. Newman and Johnson,- producing "The Sap From* Syracuse," had planned a December entry, but after the out-of-town opening decided to hold It untir after Christmas. Filiii Stars Go Legit Hollywood, Dec. 10. Henry Duffy will, bring several stage And scrieen stars Into his pro ductioBS during, the Yule season- Orace . La Rue and Hale Hamll ton will open in "Dear. Me" at the Hollywood Playhouse, Dec 22, fol lowing Guy Bates Post In "The Cli I max.". Then for the .cast of "Boom- lerarig," Which follows "The Fergu- son Family" at the .President, he will have Ben Lyon, Tom Moore.and I Kay Hammond, , Sell Little Theatres Los Angeles, Dec, 10, The Friday Morning Club, exclu- sive woman's organization, has. put the Flgueroa Flayhouse up for sale. The theatre, part of the club build- ing, has been more or less of a Ha- I blllty since It was built. The Ebell Club, anotlier women's I club, finds Itself in the same posi- tion with the Windsor Square thea- tre in the Wilshlre district. This house, since It was built three years ago, has played one legit attrac- rtlon. Syracuse, N. Y,. Dec. 10. Lou Tellegen, reported" In New Yprk. as denying his "vowless wed- ding" to Eve Casenova, actress, has a short memory, in thd'opirilon of i^embers of S3rracuse's .own "400," Lou and Eve were Mr. and Mrs, Tellegen when both / iappeared here during the summer with the Empire I stock. As such^ they were frequently entertained at local country clubs and lionized by the summer society set. Previously," Lou and Eve had toured In vaudeville in a .skit, "Drinks for Three." A few weeks ago, they filled an engagement with the papitol stock In Albany, reviv- ing Tellegen's.'.own drama of some years backj "Blind Youth.'' Fay Raymond's Suits Fay Raymond, . show girl, also known as Fay Palmer, Is plaintiff in two suits in New York against the Vanities Producing Co. (tJarl Carroll), one for 11760 for services rendered and the second for $2,62& on ^alleged breach of contract. Miss Raymond was in the chprus of the last "Vanltie?'' at a |40 weekly salary and clalrii$ she played 75 extra performarices at a. $10 rate. The $2,625 she claims. due on a contract with Carroll for the 'Can- ities" company currently on the road. She was released after. a week. : Both claims denied by the de- fendant. I Shuberts' Subscription Jam in Chi; Dark 9 Days Chicago, Dec. 10. Prlnbess, Dramatic League of Chicago house, owned and run by the ShubeHs, has struck a snag in maintaining its schedule. House goes dark Saturday (14) for nine days. Jamming subscrlp- tlyn schedule. Seats had been: sold on a solid 20-week-run basis, with guarantee of five successlye plays, each^toi run four weeks. . Fourth and fifth plays have hot been anriounced. .:, . Fox Road Stands Los A"S;6les, Dec. 10. '. Fox Coast is making the Balboa theatre; San Diego, and the Capitol, Long Beach, available for road shows, Balboa theatre has been closed three months. Closing of a dramatic stock company left the I-iong Beach hou^e dark. IDIE WITH PAY Hollywood, Dec. 10. Elizabeth Pattersori leaves the Fox payroll Jan. 1 when her six month contract expires. She was not called for a picture Iri that time. LOTS OF IlEABmG Hollywood, Dec. 10. Cnalre KUmihier, brought from I New York by Fox for originals and dialog, has been assigned to read- ing plays. Oflice hours from nine to five daily until expiration of her con- 1 tract,:- TO FILM OWN OPEEETTA Los Angeles, Dec. 10. Franklin Warner, producer of the operetta, ^'Oh, /Susanna," at the Mayan Theatre, is malting arrange- ments to produce the piece as a pic- ture. He will use the stage .cast. Shelley Judgment Elsa Shelley, legit, was awarded $825 In arbitration- against Dr. Louis 'Shine, producer of . "Cour- tesan," one-character play by Irv- ing Kaye Davis,. tried out last June and scrapped after contro- versy between star, author and pro- ducer. Miss Shelley had attempted to collect salary to date against Dr. Shine, claiming a run of play con- tract and no release. The ar- bitrators ruled that Shine was not responsible for the period between June and September, through it not being within scope of the Equity fiscal year. Shine testified that he had given Miss Shelley usual no- tice. Miss - Shelley entered a counter- claim that the ensuing controversy with Shine had damaged her repu- tation as an actress. Arbitrators tossed out the cburiterclalm, and Miss Shelley stated she would make the mattei" the premise of a; cl^il suit against the physician-producer. . "Courtesan" had been a tri- angular storm center since, tryout. Davis, author, won a jprevlous arbi- tration at the Drariiatists' , "Guild for •reversion of rights to play; claiming Shirie had failed to fulfill contract to reprod^.ce his play, and also Incorporating that there had been a special stipulation that Miss Shelley be retained. HOWAED EQGEES GO_ES TT A Montreal Stock Through Hollywood, Dec, 10. Howard E. Rogers has been placed under contract by United Artists to write and adapt eight stories. First job is to be the sTiaplng of "Sea Dogs Montreal, Dec. 10. Stock dies out in Montreal next week with appearance of American Opera Company at His Majesty's. Some talk of turning Empress I from first-run double-feature talker -house-^lnto^stock.- Goldwyn Group Leaving Arthur Hornblow, Jr., Harry D'Ar- fast and Sidney Howard leave for Hollywood Saturday to begin prep- aration for the next Ronald Colman , picture, "Raffles." Starts shooting] Jan. IB. Bramwell Fletcher, English actor ^ho has second lead, goes to the Coast via the Canal. Kolb and Dill Revived San Francisco, Dec, 10. Kolb and Dill, German comic", will Come out of retirement in a revival by Henry Duffy of "Now and Then," at the Alcazar, Dec. 22. Team is under contract . with Duffy to play here and in Los Anseles. Jed Harris Back Jed Harris is back from London. When he departed and shut up shop it was said he had bought a house in a lanie : where literary folk re- sld€r*and there he would stay and enjoy his million or two. He was also credited with saying he never- liked show business and was Ihroufh7"WltH"Iti=^~T^" But it appears that while Harris was positive of that then, he's not so certain now. It may even be that Jed will be back In harness as a producer at which he made good in a hurry. Harris likes Miami and may have made overtures to Arch Selwyn to again share that apartment doWn fjouth. Actress Slayer'* Plea '■ Albariy, Dec. 10. Frederick "Edel, who Is to bd elec- trocuted at Sing Sing Thursday for the murder in Kew .York of Mrs. Emily Harrington, actress and wife of Guy Harrington, who- now bwns a stock company In Blnghainton, has written t last plea for clelhericy to Governor Roosevelt. ... After the murder of Mrs. Har rington, Edel was traced to Spring field, Mass., and to St. Paul, where he was arrested. Boston Opera Shutdown Boston,' Dec. 10. Boston Opera House, where th« Bostori Opera Company has been playing the' past week^ closed sud- denly last night (Monday). Man- agement made no explanation fpr the closing; but stated all members of the cast and chorus have bee« paid off. Opera to have been presented last night was "Tosca." Money, was re- funded to patroiia as they arrived at the theatre. Paul Kelly'» Comeback Paul Kelly, who was In trouble on the west coast over the Ray Rayrriond murder, Is going to re- turn to the stage via the Ruth Sel wyn show, "The 9:15 Revue." Mrs. Selwyn .engaged Kelly dur- ing a tripi to the coast. celebeityF Bridget Farrair, former maid at the Park Central hotel, who was called upon by the State for testi- mony in the Rothsteln case, has been given a small part In GU F lag's "City Hall." Elizabeth Melli, authoress of the play, wrote In an additional role to fit Miss Farrar. Play opened In Werba's Jamaica Monday. Combining Flops Los Angeles,' Dec. 10. Alice Pike Barney, the 70-year- I old author-producer of "Moon Mad- ness" who dropped $12,000 on Its five-'week run here, has purchased the production and costumes of "The Wishing Well," which, flopped I here recently. She will Tlse'the scenery and cos- tumes to rebuild the production bi "Moon Madness," and ^ open it in Frisco In January. Coast "June Moon" Hollywood, Dec. 10. Sam H. Harris, who arrived here last weekj will probably produce "June Moon" during his stay. THIED *'STEEET SCENE'* WlUiam A. Brady Is castlrig a third company of '^Street Scerie," scheduled for rehearsal two. weeks hence arid spotting on short stand dates. The original Is sticking at the Playhouse, New York, Indefinitely, with the second company to open In Chicago in two weeks. Biltmorc's Rep Mary Ellis and Basil Sydney will ,take tenancy of the Blltmore, New York, Jan. 6 for repertory under Shuberts. Opener will be."Children of Dark- ness." Eetitled for Chi Ernest Pollock has squared dif- ferences with Equity arising over proposed revival of "Philadelphia," halted when Pollock had not posted usual bond. Bond was posted last week and. production permitted to: I resume rehearsals. Pollock Is reviving piece for Chi- cago and will recaption It "50 I Grand." CLAEX ON "BEIDE 66" iHollywood, Dec. 10. Eddie Clark has been engaged by Arthur Hammersteln to, write, an original for "Bride 66." This will be Hammersteln's first picture for U. A. release. —M-G-Buys ^^Naughty-Marietta'i "Naughty Marietta," Sjperetta produced by Arthur Hammersteln with lyrics and music by Rlda J. Young and the late "Victor Herbert, has been purcha.sed by M-G-M. Cormack's New Contract Paramount has isHUfd a nftw con tract to Bartlett Corniaok. play- wright. Ruth Shipley's Try Hollywood, Dec, 10, ^^Jauth.=.^pi£y.: -Nch:.-. Y^ actress. Is on her way here to make [a try for talking pictures. Faragoh's Contract Hollywood, Dec. 10. Francis Faragoh, playw-rlght, has boon given a term contract to write for First National, Result of hl.s work on "llack Pay," current Corliihe Griflith picture.