Variety (Sep 1928)

Wednesday, September 19, 1928 V A U D E V I L L E VARIETY 31 Chicago's Divorce Season Opens; Tough Blow for Undefended Suits Eddie Cantor's Plant Thrown Out of House Care by Artists Required in Case Of Signing Contracts for Talkers GhicaBO, Sept. 18. Local divorce court.s opened Mon- flay with pre-arranged plana for a restricted season. The summer months heard discontented mum- blings from judges claiming • that the country at large and •. show business in pai-ticular were trying to make another Reno put of this city of brotherly pineapples. Judge Stanley Klarkoyskl of the circuit court blossomed . Into pirint with a remedy that spells finis for quite a percentage of theatricardi- vorce intentions. It's, a ruling that . all protested divorce suits must be taken up before the default. suits are given even the slightest atten- tion. Wlilch may mean never. The season opened with two freak BUits built for laugl%s. . Ardelle Town, wife of Floyd H, Town, or- chestra . leader, started her action' with allegations that her husband eat around the house practicing up on a musical saw. Inasmuch as the family also contains an oper- atically inclined pooch . and a leather-lunged infant. Town's first not© always was a tip-off for one . of the most unearthly trios extant, ■ according to Mrs. Town. She says the noise is driving her bleary-eyed, and Town won't give up his sa%v. Included in the suit, is petition for an injunction restraining Town from copping the family piano and vic- trola. Betty Altschaft, wife of Clarence Altschaft of vaude, has instituted suit on charge of desertion. She says ever since her marriage three years ago hubby has been trying to convince her that Niagara Falls Is the place to go on a honeymoon. She doesn't like Niagara Falls. Now she alleges Altscliaft has set out for the pretty water display alone with- out, indicating he's thinking b.f com- ing back. - Attorney Irving Eisenrnan is rep- resenting Mrs. Altschaft. Ring Rivals Only What sounds like a gag but is said to be true is the report that Ted "Kid" Lewis and .Tack Britton, forhiier bitter ring rivals, arc going to do a vaudeville act together. Lewis and Britton have met in the ring- about 18 times. So fi-equehtly did they meet that the wise cracking mob u.sed to ask if they had their . orches- trations ready every timie they were matched. MALOTTE DIVORCE UP Singer's Suit Against Organist To : Be Tried in Los Angeles ; Wired Tip to Loop To Sell Orpbeum Chicago, Sept. 18. A wire advising all former Or phcum employees now in Keith's that they were at liberty to get rid of their Orpheum stock is reported to have been broadcast by Ben .KahanC, former secretary-treasurer ■of the Orpheum Circuit now in charge of the Keith real estate de partment. When the Orpheum Circuit orig- inally put this stock on the market It was offered to all employees. Many bought with a promise not to sell until so advised. Despite the promise, stockholder-employees liave dwindled sirfce then to around 200. Orpheum stock fell from 33 to 30 and 29 before the employees could unload. Most of them had bought at 34 and 35. Chicago, Sept. 18 Mary Jayne Malotte, picture house and night club singer, is leaving for Los Angeles, where her suit for divorce against Albert Hay Malotte,. organist, comes, up for trial Oct. 1. ' ■ ' At the same time Mrs. Malotte states she will institute action against her husband for back ali- mony. The domestic difficulties of the Malottes date back to about a year and a half ago when Mrs. Ma !otte brought her.suit to courts in Los Angeles.. At that time slie was awarded $100 a month tempdrary alimony pending the divorce action Malotte has intermittantly suf fered a lapse of memory on send ing his wife the weekly checks Malotte is now conducting an or- ganist school iri Los Angele.s. He formerly, was the console artist at McVicker's theatre here. Jolson Overtaxed With Too Much Open Time hicago, Sopti 13. riacc: Granaaa xnqaire. Chicago. Cliaractcrs; Eddie Cantor .anti Citizen.. Backstage—<iranada . Cantor: Now get this iright. On my encore I'll ask the audience to request any popular song. Then I'll pull this handkerchief out of my cbat pocket, aind wipe my face. Wlien I do that,, you holler' "She's Wonderful," and I'll sing it. That'tj important, because they may ask for one I donit know. Understand'.' Plant: Sure. Cantor: Are you really sure? ; Plant: Sure. Out Front—Granada (Cantor dashes about sUge. sh\g- ing and cracking gags. Gets pre- niiatUrely hot and pulls out hand- kerchief to mop dewy brow.) Plant (in audience): "She's Won- derful." Cantor (startled): ' No, not how! (Continues ; dashing about stage, acting like 16 men in speakeasy, and agin is forced. to dry his pan With the handlcerchief.) - Plant: "She's Wonderful.** Cantor (laughing): Not now', (Addresses audience.) Ladles and geritlomen, r guess I'll have to tell you that man is hollering because I told him to do it when I pull out this ^landkerchief. It's pretty bot In here. (Goes back into rb'utine. Walks off to. terrific applause and comes back for encore.) "Now, folks?, if there is any popular sbng you would like to hear me sing, just call it. (Pulls out hankerchief and mops brow, as per signal.) Plant: ———- . (Cantor flutters handkerchief -Uli-^ls in simuiP,- (ontructs rcr talUiri.; shoris slu.ul.l w;a.-h raoh 'clause Inolucl-M in Uao uHroen.onV. whether it bo a siu>ri:il lyivwriuen form o£ coutnu t m- a standard printed covenant. '1 hey , will l.nd, as one. mtc cUih act did, ihoy nwiy sign aw^iy their sound pi.-ture rights fur tlie rest of Uieir lives if a strict interprotniion of teiMus is not spcci[ie:tlly :igi'eeil .upon. , •A singing act i>r ii band act, under one form o.f. contract, may hnd that, its recordinv^s ot differorit numbers may be :eut out of one sub- ject and inttM-)H)lated in anotlier feature., and .so on indelinitely.. A name band or a fi\itiu-e sin.ging act, particularly those .-'ipt to be . encountered in nito eiubs, may find themselves shunted from, pic- ture to. pieture, llirough being interpolated in tl-ip action wlierevor night life or similar scenes occur.. ■ For. this reason, an insistence that all.the numbers recorded be. made part, of one release must also be assured. Otherwise material may be split up into two or three sepai-ate shorts. Or, as occurred in another form of contract, nothing would prevent the talker pro- ducer from usiiif? the Name Band Orchestra in a; fiock.of features and cut in a Hash of a cafe or balh-oom scene so as to. take'ad- vantage of billing the picture with some notable nxaestro among the cast. . Tliis came up wiien a cautious act showed its contract to an attorney. The latter analyy.ed the covenants and found that if-the act hadn't consilltcd him the producer would, bo within full rights to use the numbers in the .short time and again, elsewhere than on that one short. . . ' All SMembers of 'IfioKn Mania' Killed in Wis.; Train Struck Auto MONTGOMERY'S PAROLE Friends Get Billy Out After Serving 3 Months frenziedly and mops brow With ex- aggerated gestures.) Plant: -—^^ Cantor: Now! Plant: Al Jolson is feeling the burden | ond time, of loafing. He says It. Also that he isn't going to be naarried for a third time, at least not Just yet, and makes the . latter vehement. " Al's main anxiety right at pres ent Is to kill time. Not intending to return to the legit stage and with no other talking picture wait ing, Jolson has nothing in sight Granada—Backataga ; Cantor: You're a fine one! Hol- lering at the wrong time, and then when .1 .wanted you to holler, not a whisper. . Plant: Don't holler at me. The 1. ushers threw me out after the sec- Kenn^dr and Murdock Sailing on Saturday Billy Mbntfi[(>inery has been re leased from Welfare Island, after serving three months of a • six month.s' sentence irfiposed for hav- itig narcotics in his possession. His early release was brought about through intercession of friends with the former comic remaining on pa- role tor the remainder of the term. While incarcerated Montgomery took the cure. With the assistance of friends'he will attempt a come- back in show busine.'^s. When arrested on the narcotic charge Montgomei-y had been hiring but as a speakeasy pianist, but parole' conditions prohibit his re- suming his former job. Major's Double Marriage ; London, Sept. 18. ing, ouiovu o — .—' I Joseph P. Kennedy, now In Lon- but to go to London to see his N^^^ 'says he has nothing to say re- Jazz Singer" open After that he's open.. There's a chance Al may consider an easy going'concert tour over here, three garding his Interests in the States Merely on a vacation, Kennedy said, and not thinking of business. The Kennedys will sail on the Arthur McQuade Kaied Ai-thur McQuade,. former treas- urer at the Hippodrome and other Keith theatres, was killed in a mo- tor-car - accident at Scranton, _Pa^. Sept., 12. . . - McQuade was duivirig with his Wife and twin brother. The latter also died, Mrs. McQuade being bad- ly Injured. The car turned turtle. . o JOE BERMAN, ACTOR Chicago, Sept. 18. Joe Herman, former contender for the . bantamweight championship, has gone into show business by joining ICddie Borden's act. Berman has been out of the fight game for a number of years. g^oing uoin;fn. I.UUL vTTv,.. The Kenneays wiu a«"i or four weekly, in carefully selected ..njajestlc" Saturday, Sept. 22. Mr. spots, not too far away from, any j j_ Murdock, who have big town center. | been touring the Continent with them, will be on the same boat, as Goldens' Divorce ChangesI'Sasey is^'now on the continent UVluvua a^iT V . s, I ^^^^ ^^^^ ^^^^ ^j^^ ^^^^^ ,the ship Chicago, Sept. 18. Si t""h"e orLSburrrl Cancdlatioii Objection; .taaLr^rn'tMau^fao^^et BrOHSOIl Throwil Ou son of Meyer Golden, vaude pro- Buffalo, Sept. 18 ducer, asks that the husband be Manager Ben Waller.steln forced to pay $1,000 ^^^^^ of^rB7oadwly theatre, an east wife's attorney fees to enable the neighborhood house, cancelled attorney to take deposition of wit- ^ Bronson. song and dance nesses in New York. It was filed «^ • performance, last-week--by A1.tbrne..y Ben m Maurice Goldcn's_original^ Jase which was heard in City Court, charges Violet Golden with aoui- _ . . . SIGN FOR SOUND SHORTS Los An.^cles, Sept. 18. John Charh's Thomas, Charles King and.Odette Myrtil signed for M-G-M's nound shorts. Thomas contract calls for two vocal subjects. • New Orleans,; .Sept. 18 Jack Major, playing the Inter state Circuit, and Mary Virginia Wood, of Houston, Tex. (non-pro fesslonal) were married twice here within 24 hours. Justice Rene Cortez, of the St. Bernard coi - united the pair at midnight, and then Rev. John Brandon Peters, pastor.of »the First B.aptist Church, .r.arried the pair over again the next day. Chicago, Sept. 18. Four members oC the act, "Violin Mania," were killed instantly and the fifth died in a hospital when ■ the automobile in which they were . riding was crashed into, by a Chi- cago, Milwaulcee and St. P.aul train at an Elkhorn, Wis.,, grade crossing Monday morning. The dead are: Arthur Douglas and his wife, Hazel Grey; Julia Latherhouse, Maurice Kaplan, John Plotkin. The bodies were taken to the Bert Reed undertaking establishment in Elkhorn. Mike Taflan, who owned the act with Douglas, was notified. Miss Latherhouse was the dancer, while Kaplan and Plotkin were vio- linists. All three were from Chi- cago. Douglas' right name was Hag- gcrty. He formerly worked in a. two-act .£U3 Staneill and Douglas. His wife, from Portland, Ore. was pianist for the quintet. None of the dead were over 26; "Violin Mania" was being booked by Ed Morse, It wfis to have opened here this week at the Lawn- dale. It was on its way from La- Cross, Wis., when the car^ was struck. tery Her cross-biH Include.') the sam4 charge against him. and also alleged he and his family engaged In conspiracy against her In at- tempts to secure grounds for di- vorce. Grange on Route at $2,000 Harold "Red" fJran.tje has b."cn routed by Keith's tMr.fUit, opening at the St.'ite Lake, Cliifa.s^'o, Qi't. 14. Grange \v;vs iilai''>d by the K'-ller- Godfrey <>llic.- at $:.O0H «-«rkly. Much dickoh.n- h.Miipcned ^(!r<)^e the bookijiu: was cloiii".!. DURANTES WORKip . Chicago, Sept. 13, The Clayton-Jackson-Durante act is currently at the local Palace (vaude), in. for .two weeks at $4,000 ppr. , From here the-turn goes to Mil- waukee for a week. It th-n ex- pects to be recalled to New ^ ork to start rehearsiils with the Dilling- hani-Errol musical. MARX BROS. IN TALKER r-"T'it?fffntJImr-=--=lin-B^hiy-FfW^ brothers for a talking picture. details are set as to story. Tlio picture will get into pro- dtiction in l)(-oember or .Tanuary- It will be made at tlio . Paramount .Studios" on I^ng Island, wlir-re IMramount is now m.aking talking sborta. Bronson's feelings were bruised by the manager's action. He demand- ed'an explanation In the argument. Wallerstein forcibly .ejected . Bron- son through the stage door. After hearing both, sides of the story, Judge Chlpman di-sinlssed the ac- tion, . Delmar With Bierbauer . Jule Delmar, former Keith book- er, joins the . Charles Bierbauer of- fice this week as an agent. Delmar is not a partner with .Bierbauer, who holds a Keith franchi.se. Delmar was for years the booker of Keith's southern time, long enough for that group of theatres to be nicknamed, mostly by ac- tors, the "Delmar Time." Dixie Taylor Uft $20,000 W. RUBIN SET WITH PAR Los Angeles, Sept. 18 J. Walter Rubin, former vaude- ville actor and writer, on the Paramount payroll as a Siccnarist for 20 month.s, made. the screeen adaptation of "The Fittct's In." He now has a 5-year contract with Paramount. Nite Club Job for Peggy Peggy Joyce Hopkin.s, with or' without her new Lord Northeak, can earn $3,000 a week and with per- centages up to $4,500 as the ace attraction of Gene Geiger's Casa, Lopez in the Winter Garden build- ing. . . ' William Morris is after the much- ly married one for the room, which Gciger Is anxious to open Oct. 15 ;or thereabouts. If no attraction is forthcoming, Geiger has an Idea for converting the Casa Into a circus big top with aide-show. -attractions and a nut comedian ringmaster to pace it. Baltimore, Sept. 18. George F. "Dixie" Taylor, was not in stra-ightened financial circum- stances when he shot hlrnsclf to death in a West Franklin str<"t. rooming house hero week before last. A note left stating he did not "wish to become a burd'-n to friends" gave the impression that the-fnrm cr-vaudeville per form erw. as. low iri funds; but It is now dis- flosed that he left an e.«tate of approximately $20,000. Relatives are not mentioned in the, will, the entire amount going to the friends whom the phy.sloally .'lilirig actor feared he might boconi<; a \vxv\"n. SALE RETURNS TO SHOW IjOS Angeles, Sept. 18, Chic Sale, having fini.shcd two tiiovietoncs for Fox, is now en route to New York to begin rel^carsals in ;i now Shubert revao. i He will return to the Coast next iMay to complete his movifitono fontract. Irene Delroy Says No No was the. answer- returned by I Irene Delroy late last week to tlie hiany Inquiries over a report • she jhad been recently married. Miss Delroy ' said shei had not married and has no present inten- tion ot giving up her freedom. M.C.'S PLACED =^TTimYTTWl^ias ^> lac wr-t mr^friV^^ lowing m. c's: Al Wtdrnan to open 0(:t. 1 at the Melropolitan, I'hila- d'filpliia; Toddy .King to open sarnc dale at SUnlcy, I'hiludelphia, and Les Stevens, fwilli oj^'b-.-trai who J opf^nfd the .r.'-w f)r-.iri.,'<^ ibcalre, J <na\.-^-, X. J., S' l)'. .7. . 1 u H ■n 'Ji i o i J 1600 BROAUWAT. NEW IfOKK m -- -- William Morris CALL BOARD W r. , q - ■it* Now Book ing Eur ope Season of 1929 Gommunicate with New York Offite n ■n u 2 it