Variety (Sep 1928)

PubllBhed Weekly at 16i West 46tD St.. New ?ork, N. f . o? V»riety, Inc. Annual eubaortptlon. $10. Single conic* 86 centa Entered ac aecond - clasc matret December 22. 1906. at the Post c mce at New Fork. N T„ anrter the act or March t. 187t. VOL. XCn. No. 8 NEW YORK, WEDNESDAY, SEPTEMBER 5, 1928 64 PAGES KATE PULLMAN EUGENIC MA Vaude Man Accepts Shukrt Challenge He Can t Get Injunction or Book Act J. J. Shiibert in alleged to have told Harry Koffer,s, vaudeville pro ducer, that he could bet ' |20,000 that he (Rogers) wquld never get an injunction against the Shuberts and that furthermore, 3:3 owner'of 160,000 shares of stock in the Keith vaudeville circuit, he could, prevent Rogers from booking Billy House's act. To quote Rogers' affidavits in an Injunction suit which conies up for argument toniori-ow (Thursday) on the restraining writ, "h^' (J. J, Shubert) said he owned 160,000 shares of the Keith Circuit stock and that he was on the Board of , Directors and that I could not get such bookings in that office unless he was willing that I should." Action arises over the services of Billy House, who was for many years under Rogers' vaudeville di- rection, until House signed for -a Shubert production at $1,000 a week and jumped his contract with Rogers, ■^Vhen the vaudeville manager told Shubert that he would be faced with an injunction suit, "and when I re- ferred to the fact he himself re- strained different actors from jump- ing their contracts, he again told me that I would find out that he could do It, but I could not do it," states Rogers in his affidavit. Files in Westchester Harry Rogers Theatrical Enter- pri.ses. Inc., is bringing its suit in Westchester county. The defend- ants are William H. Comstock, as House is known in private life, tlie Shubert Theatre Corp., and Jacob J. Shubert. Rogers is represented by O'Brien, Malcyinsky and Dris- coil and Lyman Hess as joint at- torneys. "Rogers sets forth "that he- had House signed at $150 a week and up to. f;i50 weekly under a long term contract. That when Arthur S. Lyon.s, of Lyons & Lyons, acting for the Shuberts, approached him with a $750 bid for Hou.sc's services he refused it because of $52,500 worth of Keith-Orpheum bookings, for the 1928-9 sea.son, already set. Shubert personally inci-0.ased the oil- fer to $900 and $1,000, after asking Rogers what he would con.sider to relinquish the come<lian for a Shu- bert musical production. Rogers asked for $1,100 a week with r»'.servatlona including ?Iouse's services for talkers, a deal which was almost closed; also a provision that he (Rogers) read the script of the proposed .show for the com- edian in order to protect himself against House's fliwing and thus reacting ;ig;unst both the actor and _hi^msel r^. ^ ^_ ..^ _^ - ^„ ^ Shubert objeriied to any talkers for people iiinler his management (Continued on page 15) $60,000 Coffee Plug A ^r<'rchan(s' caft'teriu is to opon ill the Jiond building wiu>rt; the Twill ();ilc'. I'csLfuiraiU used to be. Thf» .siti' is being renovated and re- dcedi'.'iicd wiih I'entnl JGO.OOO ye.'u-ly. All this i.v hi'inu' dono' to si'll corfof^ i'f five conls Li cup. Circus Merger Looms Ft. Wayne, Ind,. Sept. 4. John Ringling, of the Ring- ling-Barnum Circus, Jerry Mu- giviri and Bert Bowers, rep- 'resenting the Hagehbeck-Wal- lace, John Robinson and Sells- Floto circuses, are all in town. Miller Brothers' "101 Ranch" show exhibits here today also and it Isnnderstood the prop- osition of a big circus merger is being discussed. Par. Bids $50,000 For Aimee in a Talker mLsmLKOUTem 7- Mother in Chicago Hospital Describes Ideal Bachelor Father as "Wm. Diner/' 6 Feet, 190 Pounds and Per- fect Specinien—^Sequel of Roscoe's Mixup in Case of Burnham Baby Last March DAD'S NOT IN PICTURE Los Angeles, Sept. 4. Paramount may sign Aimee Sem- ple MacPherson to do a sound pic- ture. Negotiations have been going oh with the feminine evangelist for the past two weeks. A. A. Kaufman has been acting for Paramount. It is said the picture company proposes making one full length fea- ture with Aimee that will be propa- ganda for her cause besides aimed at entertainment. Kaufman has at- tended a number of her Sunday ser- nions, all of which are staged in theatrical fashion, and ■ it is con- templated to VS& the entire Four Square Gospel setting or duplicate them at the studio. Plans also are said to provide for scenes of Aimee in action at the Temple which seats some 5,000 foUcwcfs.. If the deal goes through the pic- ture will be put into p.roductioii around Jan, J, According to reports Aimee has been offered $50,000 and a pei-centage of the profits with Paramount to have an option for three more pictures. " Padlocking Homes Minneapolis, Sept. 4. They're even padlocking homes here for liquor law violations, An- drew J. Volstead, "father'' of the dry law and legal advisor to the northwest prohibition bureau, is re- sponsible for this latest govern- mental move. Proceedings against 26 homes were started by Fedci-al authorities this^jfveek jLnd^ arc .succes.sCul, the home.s will be padlocked and barred to ooci.ij)iiney for a year, Volstead declares "tlie governmc.nt of the T'nion Stock Vanls, as jier Chicago, Sept. 4. Kate Pullman, who walked out as the stage partner of Roscoe AiJs last March when the vaudeville headliner's name was connected with the eugenic baby born to Mrs. Grace Mailhouse-Burnham in New York, became the mother of a strictly eugenic son herself at the German Deaconess Hospital here Aug. 28. Miss Pullman, whose stage lusso- clation with Alls had lasted seven (Continued on page 59) Carnival Swindles Under New Fire by Picture and Resort Men The Last Gasp Ixjs Angeles, Sept. 4. Doormen and ushers em- ployed In liouses operated by West Coast Theatres in the Los Angeles area must spray their mouths before going on duty every day. This is the order of J, J. Franklin, division .manager, who found halitosis prevalent among theatre em- ployes. Chief usher must make a mouth to niouth inspection aa every shift goes on duty. There are 40 theatres in the division headed by Franklin. TRADE HGHTS ANIMAL BAN Los Angeles, Sept, 4. T.p_ eliminatc.the possibility that the. use of all animiils for motion picture, vaudeville, circus, legiti- mate theatre or other exhibition purposes may be banned in thi^ state by law, the Rodeo Educational Association has been organized here to fight what is. termed the an'cl- "t-odeo bill which will be submitted to California voters at the general election in November. Strict, interpretation of the bill; it Is s.ald, would not only keep all animal acts off the stage, ban all rodeos and keep performing animals out of pictures, but would eliminate the making of all western films, as well as barring the filming of iny pha.se of ranch life or anything else in which animals, particularly cat- tle and horses, actually played a part in tlie action. At a meeting last week, the asso- ciation porror-ted its organization, \yhic-h incUules cliambers of com- mrrcp,"" rattlrrnTTT'5""lKrdicR,^" baTricing" and business interest.^ of southern f'alifornin, with J, A. McTs'.aughton,' \'l('f'-])re.s|d''nt ami irciii-i-al micniigi'r can padlock a lioiuc just fis easily as It can a soft drink ijarior or hotel." Tenants or owners of the homes in (nie.stlon fire ehargfd with the i)os.''r>.<<sirin nr sale of liiiiiOr. Vol- stead as.sorts that boolleggors, driven out of the soft drink hars and hotels, are trying to sliii-ld 1h'>ir aptiviti<-s behind the sanclity of the home. ni.'nient eli.'iirmM), A'^.-istiini'e of .ill br.'itielK..^; of the tli'^titricil fession in being sought. Subject to their acceptance, Will rto:,'ers nnd "jrf)ot" Gih.son vtc nanu'd as mf-niliers of a cont;icl rorjiinittef of LOfi on who.-!e shouM- "rs will f-iH the gnNitf-i- .sliruv' of lht» wi;ik of ihi' fumpainn. A. P. Goes for Wampas' Coast PoGtical Ballyhoo Los Angeles, Sept, 4. Members of the Wampas, picture press agents' organization, didn't realize with what solemnity their efforts are talcen by national news agencies -until what started as a ballyhoo gag for a meeting of the club, due tonight, was taken se- riously by the As.sociated Press and broadcast nationally l>€fore that service got wise, Harry H, Beall and Norman Man- ning started the campaign for full attendance by issuing the customary (Continued on page 7) Kids Close Theatre New Milford, N. J„ Sept. 4. This town's only amusement em- porium will be .'jcrapped for a gar- age, or something, Within a few Weeks, Ihaijillty of Charles. Battag- lia to quiet meddle.some young-, sters from waxing merry on per- formance nigiits is srlven as the cause. House has been playing vaude and pictures. Battaglia took the matter up with the parents, and a practical boy- cott was his boomerang. He h.as decided • to close rather than enter i.Tito furtlier embroilment with his nclgiibors. l-Reeler Cleaning Up for Hat Firm in Venezuela In Venezuela picture exhibitors h.'ive fouT)d a n»'\v source of revenue, A.g'Mits [nr a wcll-Kiiowa Ainerican rnaU(» oC mi-n's hats h.uve gotten liuhl of. ;ui iH(Ui:-trial on^'-redor, made In the- V. S'., wliich i.s being shown in .tH Ic.'iding plcttir'-' h'niscs jii.st lU'i'ft'dhig the f(';itur(- i)ii'ture, TJic tj.xnih gets $10 in Atrifrir-fin money for showing it. The .'igi-nts are sflling so many h.it.y the Anwricaii oiiHiil sent through a special repoil on il. Further attack upon the already hard pressed carnival business came this week from two new di- rections. In one case a summer p.ark op- erator near Trenton, N. J,, who haa suffered from the invasion of trav- elling gyp shows, began a public- ity campaign through the radio station which la part of hla re- sort's equipment. At the same time word came from the Coast that a new picture, produced by Ralph Block for Pathe, will Incorporate In its action a complete expose of all the carnival gimmicks, which will go Into na- tion-wide circiilation as anti-car- nival propaganda. Picture ia "The Splclei*," Settings for the production take up six blocks on the main thoroughfare of Culver City and a complete travel- ing carnival has been hired to supplly the details. Park's Reprisals The crusading park is Woodlawri, adjacent to Trenton, and carnivals have been licensed to operate near-' by all summer. Park has no wheels and only a few skill game conces- sion.s, depending upon high class amiisement. Management com- plained that as many as ten car- nivals were permitted to oijcrate in. the nearby townships at one time, running all. manner of mer- chandise wheels and more often tha*i not money wheels wide open and without thought of conceal- ment. Park filed complaint with local authorities,, according to its state-, ment, and getting no action from that source, has opened a drive by broadcasting educational dlscus- .sions on tho carnival lot gyp sys- tem. Already on the'air they have explained the operation of "squeeze games," "strong joints" and how they work, the nature of a "sucker" and the variety of rackets used to "take" him. Since the campaign opened Tren- ton has put a ban on all whf.'(?l.H, which has been eciuivalr'nt, to bar- rin.g the cirnlvals v/ho h;ive .<,'liifted their activities outside the city line. The broadcast of the facts is awakening the voters of the section to the fact that carnivals ean't oi)erate without wheels, find also to the attitude of township olljcijil.s toward the traveling gypsie.«. Woodland Is the largest p.-uk in Ceriti.al Jer.scy and its radio drive is-<MrveiMfig--most-of^l-hc-==3f.ater-^with^ consequent pressure upon local ad- ministrations. 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