Variety (February 1926)

VARIETY VAUDEVILLE Wednesday, February 3, leje NIGHT LIFE OF THE WORLD PARIS By E. G. KENDREW and A FEMININE VIEW By DORA DU3Y (A second article on the Night Life ef Pari*, written by Variety's Paris correspondent, E. G. Kendrew, who has been a resident of the city for 35 years. The first article en Paris was written by Variety's correspondent at New Orleans, O. M. Samuel. Mr. Samuel secured his impression while on a recent trip while taking one of sfter-dark bus rides men tioned by Mr. Kendrew). JESSEL'S BENEFIT BECORB George Jesscl claims the benefit record for the eeaaon. Since September he has given 83 "free shows," the Uet In- cluding appo.'ira.noes In various institutions where he singled with songs nnd etoriea. Eddie Cantor, heretofore rated the world's champ bene- fit played defers to Jesaefa record. MURPHY'S CELLAR SOLD; KENNEDY UNDER BOND GALVESTON CANCELS ENURE VARIETY BILL Played First Day of 2-Day Stand—Manager Didn't Like Show There arc two grades of night life in the French capital, and like- wise two editions: The high and the low, the early and the laite. No ■ gainsaying the nocturnal vitality of Paris is most intense this season, notwithstanding finan- cial difficulties, and people seem to •pend a great deal more on fri- volities than hitherto. If night life underwent an eclipse during the war, it. has now sur- passed its previous brilliancy. Society now remains out later after the theatre. Though it has become a habit for the average denizen to retire earlier than in pre-war days the cabaret frequenter has vastly Increased. This is due to a greater Influx of foreign visitors, the ma- jority with the exchange In their favor. English and Spanish, (Continued on page 11) Cabaret Entertainer Still Con- fined to Room—Not Con- sulted in Sale ED GALUCHER LOOKED AFTER BY EX-WIFE Hostess in Night Club Rushes Daily to Beechhurst—Former Husband's Illness Reason Jack Kennedy practically sur- rendered himself last week upon hearing Bob Murpliy had made a charge of felonious assault against him, arising from Murphy having been shot through the thigh in Murphy's Cellar under the Carroll theatre early on the morning of Jan. 2^. Kennedy appeared in the West 64th street court where a charge of assault was laid against him with bail at $1,000 fixed for a hearing next Tuesday (Feb. t). Bob Murphy remains confined to hie room at the Somerset Hotel, con- tinuini; to be attended by Dr. J. W. Amey, of S06 West 75th street. He ia out of danger and may be able to get about by the end of the week. Licist Sunday, it waa reported, Kennedy had disposed of Murphy's Cellar, to other eabaret owners, but without conJuUing Murphy, accord- ing to Bob who claimed several in- terests in the place. During the week a report said that Murphy Intended to open another night club, in the Times Square district, following his full recovery. After the closing of the Cellar all of the entertainers were p.ald off, also the dining room and kitchen crewB. Oalveston, T«z., Fsb. X. The entire bill at th« Martini was canceled after it had finlahed the final performance on the llrat day of its two-day stand here. A. Martini, the manager, and Henry M. Brown, assistant, save no good reason for the cancellation, merely sending word to th* local papers they didn't like the show. The Martini is an Interstate Cir- cuit booking and the bill canceled here Is now at the Orpheum, New Orleans, for the full week. Martini paid the acts in full for the two days. Two shows daily are given. Appearing on the canceled bill were "In Bargravia,** Hawthorne and Cooke. Mabel McCane, AUeen Bmnson .ind Co., Lloyd and Brlce, "Texas Duke." New Orleans, Feb. 2. The bill canceled last week at the Martini theatre. Galveston, Tex., is playing this week at the local Orpheum, going over very well. On the bill are six acts, all standard ' and who have played throughout the country. The acta know nothing of the manager's reason other than they say he rushed back on the stage following the night show of their opening day, wildly yelUnc to take their trunks and scenery out of his theatre—he didn't want them there. As the house paid off in full, the acta paid no further attention to the .manager. Whatever they think of him or the cause for bis action they are keepinK to them- selves. Another Interstate bill, same ae usual, will play the Galveston bouse this week. A rather devoted picture is that of the care that Helen Gallagher, the divorced wife of Ed. Gallagher, is showing her former husband in bin continued illness. Gallagher is at his home in Beech- hurst, L. 1. He has been there for several weeks after undergoing e course of treatment in a local sani- tarium. His condition is such that It will be at least several months be- foro he will be able to resume stage Work. Meanwhile, Helen Gallagher, who la acting as hostess at the Florida, one of the night clubs in the nifty Fifties, is almost a daily visitor. At th«; night club she is in attend- ance from 9 p. m. until 5 a. m. After a few hours' rest she dashes to Beechurst, remaining for the greater part of the day, attending to the w.-ints of the ill man. Then back to town, a couplo of hours* sleep and arrain on the night club grind. Speaking to a miitual friend sev- eral nir-rhts ago, Helen GaMairhcr Is reported to have expre'^'ed herself an follows: "Well, Ed is all alone now. and I guess he's sorry and sees that those who followed me with him didn't care. I'm sorry, too, sorry for him, and I think the least that I can do is to cheer him up at a time when cheer is wh.it he needs the most. "I don't know whether Ed will ever get to work a':;ain. but that doesn't matter, I'm working, and so I dnn't w.int onything from him. "After Jill, he and I always «lid get along together, so that's that." RITA GOTTLD LEAVING STOCK Chicago, Feb. 2. Rita Gould, ex-vaudeville single, has resigned from the Ascher stock at the Chateau after two months. It -was her maiden effort in dra- matics. She leaves Feb. 7. RUDY'S EX-WIFE AT PALACE Nataeha Rambova, the former Mrs. Rudolph Valentino, has been booked for a vau levllle debut at the Palace, New York, next week (Feb. 8). Cantor's Film Comedies; Hanlon ami Rjan In Lew Cantor has iei'sed a studio in New York City for the ^oo*»rg uf his comedies. Bert Hanlon and Benny Hyan, the vaudeviil'ana, have purchased an interest in the Cantor produ '.ions. ^'hey will too title and gag. Bryan Foy has been signed to direct the two rcclers, the first of wh:.h ill star Donald Ilerr (Kerr and Weston) of vaudeville. A cameraman and citter were signed by Cu.ntor upon his recent visit to the West coast. FLORIDA PALM BEACH win Rogers 'came up from Miami to see Ziegf* Id's "Palm Beach Nights," resulting in one of his im- promptu speeches b»>tween numbers. That the end of Florida's boom will find Gentiles holding all the acreage Is Will's verdict. MIAMI Honeymooners here Include J'ld^ar and Mrs. Solwyn, who was tuth Wiloox, and Leopold Stokowskl, the I'liil.'idelphia orchestra conduetor, and bride. Jee Jackson, Added Act, Preferable to 'Cut" Week Another standard vaudeville act foiC'd to seek outslda hooldngs through too many "out" weeks is Joe Jackson, tramp bli-yclist. He Is playing a week engagement cur- rently (Feb. 1) at the Columbia. New York (burlesque), as an added at I Taction with "Chuckles." Bernard and Harris are also an •dded attraction for the same date John Franklin "Daddy" Norrls, minstrel man for 48 years and the last of the original org;inizers of the Elks, died here. The remains were sent to Fennville, Mich, for burial. Howard Lanin and his nine-piece orchcstrn, from the Ben Franklin Hotel, I'hllly. are at the new White- h.ill Hotel here. The Whitehall now eaters to the ultra exclusive sot, the Uoyal Polnclara being open to any- one with a b.Tnkroll. Ja<'k Denipsey gave two boxing exhihiilons at a realty subdivision here l-tet week. No admission was ehargei. Jack cashed In on shekels presented by operators ef the sub- division. Eltde .lanls Is on her flve-week engitgement at the Hollywood Golf and Country Club. JVank Libuse, a comic from Chi- cago, is the latest to join Jimmy Hodge's "Follies" at Hialeah. RARrS BRIEF ON APPEAL YS. BK TIME ] Max Hart's appeal In his IS.2SO.090 triple damage suit on Sh% man anti-trust law and Clayton Act violations against the bP lime vaudeville Interests has been filed with the Circuit Cou of Appeals. The Hart Brief on appeal, prepared and submitti! by Eppstein, Axman A Hlrshfleld. with Martin W. Littleton head Ing the trial counsel, la based on five propo.sitloiis. chief of which is the contention that vaudeville, such as la being condurted b the B. F. Keith Vaudeville ExchAnge, Inc. Orpheum Circuit E. F. Albee and allied executives, constitutes interstate com merce and that the transactions Involved in arranging tours for nnd booking vaudeville attractions, not only directly affect inter- state commerce, but constitute such Interstate commerce. The third proposition submitted In the appeal la "the fact that the Interstate commerce shown In this case Is Incidental to or In other words. Is admittedly caused to flow by—contracts pro- riding for 'entertainment,* L «., performances or exhibitions at vaudeville theatres, to be given by the subjective matter o( such Interstate commerce while In the current. Is wholly immaterial The reason Issue Is always this: Was the interstate commerce referred to, unreasonably, unduly and dlrently reatrained?" Hart further argues that neither the Keith nor Orpheum book- ing ofifices or he himself are engaged in the giving of exhibitions of any kind, but that both are engaged In Interstate commerce and that the restraint of* such, in this case, was "unreasonable, undue and direct." Jha Orpheum Circuit Is made the sole sub- ject of the sixth proposition since Charles H. Studin at the origi- nal trial argued that the circuit aa a corporate body was not organized until Dec. 22, 1919, subsequent to the unlawful acts alleged. Hart's counsel stresses that the same directorate con- trols the Incorporated Orpheum and the Orpheum Circuit such as it existed before 1919. Expansive Legal Battle In this suit Hart has waged a courageous and expensive legal battle with the vaudeville interests to secure redress for being barred from doing business In the big time vaudeville otficcs, which Hart alleges are the center of big time vaudeville activity as re- gards the booking of attractions. The Hart complaint was dismissed on Judge Hand's decision that the case was not governed by the Interstate Commerce regu- lations as shown by the testimony that such commerce "ia inci- dental to the primary thing—that of entertainment." From this ruling Hart Is appealing. Prior to this. Hart received another setback when the low court, before the Introduction of any testl- jnony, decided that the Federal Court of the Southern District of New York had no Jurisdiction to bear and determine the alleged cause set up In the complaint. Hart overcame this obstacle with an appeal to the Supreme Court of the United States, resulting In a reversed decision, and the case remanded for trial. The Blnderup vs. Pathe, Inc. (recent) and the famous Ranken vs. Bin Posters' Assn. decisions are quoted to support the the- orem that "Stock yards, local billboards, motion picture theatres, and vaudeville theatres, as well aa local hardware bouse, etc., are each in reality only part of the instrumentalities for transactions between people of dlllerent states. Production, booking contract, transportation and the exhibition are commercially interdependent and in any survey of the transaction as an entirety, none could be omitted.. They each go to make the transaction and covering different states they stamp the transaction—not all Us Inci- dents, but its essential body—as a transaction in interstate commerce." Aeencies Are Middle-men It is argued that the Keith and Orpheum booking offices do not actually give performances, but merely serve aa middle-men to fur- nish the me^ns and facilities for the intercourse between the owners of the vaudeville theati-ea who are engaged in a business for profit, and the owners of vaudeville acta who are also engaged in a busi- ness for protit. The plain'iirn (Hart) business, it Is argued, cunaista of nego- tiating contracts—contracts which ould not be performed with- out the parties traveling from state to state In a constant current of interstate commerce. That the big time takes cogniz;<i.ace of this interstate mode of bui:iine!JM is evidenced in a letter written by E. F. Albee to the president of each of the railroadti in the United States and Can- ada, which says: "There are about 10,000 vaudeville arti.stu traveling all over the i;nii<'(l St.ates at the present time und their condition is as set forth in this letter. I receive word continually from different artists a.l over the country that on account of tiieir baggage not being put on the same train Uiat they went on, they were ubli^^ed to mliis the opening show, and in some instances the entire day. To titu.so e.iriung a living that depends upon their appearance in the theatre at a certain time, this is a Hevere setback and very expLiislve, both to the artists and to the manager. 1 have writ- ten the foregoing letter to the president of every railroad com- pany in the United States." Albee Letter as Basis This letter is taken as a basis to argue that the transi>ortation of these lU.OUO actors (comprising some €,800 acts) throughout the United States and Canada produces a steady, con.stant stream of comnieice throughout both countries and interstate in the I'nited Stateu. The burden uf the argument obviously revolves about the in- tei.state commerce pruposilion and if vaudeville ia legally inter- preted by the courts as such the Hart complaint is deemed meri- torious. The argument on this appeal will probably come up some time In March, or possibly the last week in February. W. C. Fields in Pictures For F. P. at $5,000 Week Felix Ferdinando and his orches- tra are at .Miami Beach Casino. Through ri'uewed efforts on the p.art of Flo Ziegfe.'s publicity men, John Her.ry Mears nnd Bernard Sobcl. "Palm Beach Nights," the (Continued o n page 10) If you don't advertise in VARIETY don't advertise Daniel FYohman and Gertrude Vanderbllt are among the many theatrical visitors here. Temple, newest of Miami's picture houses, opened Jan. 24. Frank Staflton played the organ to "The Girl of Gold." The Glorias nnd Oarber's orches- tra are still at Carol Gables Golf and Country Club. In the show at the Trianon Gar- dens are Gene Fosdlck and orches- tra, Medrano and Donna, Mur:<-1 Dr Forrest. Mario Vllanl, Janet Htonr and Grider. • St. Louis, Feb. 2. W. C. Fields will leave the "Follle.s" Saturday, leaving at once ."or Florida where he will start ni.ikinK picture.s for Famous Play- ers under a salary of fo.OOO weekly. Johnny Dooley will replace Field.s 'n the "I'^ollics." Dooley was en- Tifred under a run of the play con- •a<t for that berth when Fields eft the show In Roston and ha.s Inre been appearing In the revue, lolnpr several ntratght number.s which will bo handled by Irving Isher. Johnny Burke in Films, With Mack Sennett — ^1 Los Angeles, Feb. J. Before leaving here and whfl* playing an Orpheum Circuit rout* Johnny nnrke, the mon<.l"t;ist, en- tered into a comedy picture siarriii* contract with Mack Sennett, f'l' A'* years. Purke will .start on his tir.'.i Sen- nett film April 1. In vaudeville thW season he has been ree-lvinT ^^'^ . weekly, doins his slnple U'M *"* •appearing In an afterpiece. '^ Gershwin as Possibility fJeorge Ge'sliwin. Jazz composer, svhose modernl.xfii- mu.sic has nt- 'rnctod serious crltl al attention, is a vaudeville po.i.slblllty. Lois Meredith Back—Act Lois Meredith has return. J from the other side. She exfiertrt to shorllv ai'I"' '' If a vaudevill.- .-i.t, with Charles Mor rison hooking.