Variety (Sep 1928)

28 VAUDEVILLE Wednesday, September 26, 1928 6 Mos. to Year "Clearances" for Ads In Talking Shorts Limit Revenue M-G-M Legal Dept. Explains Its Protective Clause Against Unsuitable Shorts : It (loos not aiipoar nt present that tallciner pictures will become a source of important or permanent Income to the rank and file of .■ vaudeville actors.. With Warners, Fox and M-G-M started on talking shorts, each com- pany displays a tendency to de- maiid ''clearances" extending from six naonths to a year. . This, means that actors are for- bidden by' the terms of their talk- ing picture contracts from wovking for any other, bompany until the "clearance", period is passed. Signing with one company and having made but one subject for tlhat company, the actor la not at libv erty for talkers for at least six . months. Exception is. oiT course, . when original company elects to make, a number of subjects with the . same actor or act. Under the clearance system an act could hardly appear mpfc than once or twice annually. Such ap- pearance Is simply a little extra change. Vaudeville acts hot. pos- sessing or incapable of .two rou- tines would be all washed up for talking pictures • after making one subject. Producers defend the clearance clause, on the principle that they must have, protection against an appearing fr>r another. com Fanchon & Marco Remain With W-C—Shows East Los Angeles, Sept. 25. Indications are that Fanchon and Marco will renew their present con- tract with West Coast Theatres cir- cuit. It was intended that Marco go to New York with Harold B. Frank- lin, president of West Coast Thea- tres, this week to confer with Wil- liam Fox on the new contract. The latter howevfer delegated Franklin to conduct air negotiations with Mai'co and close the deal. The new deal will provide that "In the Can** I>on Donnelly (Doyle end Donnelly), •while driving through Mass, noticed the Four Foys circus-billed all over a town and stopped in at the theatre to say hello. When in- quiring back stage he was in- formed by a rather tough door man that the Foys were not at the theatre, but were "in the can." Donnelly claims he asked the location of the "can" and was ready to offer bail when told that "in the can" means in the talking picture. )ecisions Expected in 2 bjunction Actioirs Ethel Waters' $143,812; Dating from "Africana "Afrlcana" proved Ethel Waters' financial Waterloo, hence her vol untary bankruptcy. petition filed last week, listing $143,812 In liabili- ties and $40 in assets. Her hus nominal band, iEarl Dancer, nominal pro ine new —-1 ducer of the colored opera which Marco take his presentations east of starred Miss Waters, is the main the Plocky Mountains and. into creditor for $B0,000. Daly's thea- . .-__..x__„ ,r^r,^ 1 ^^^^ which housed the flop show, is down for $10,000; Maurice and ^ 1 n. . > A i . I John Dancer, in-laws, for $10,000 McCarthy Sisters UWn Act each; Shubert Theatre Corp , mvvuiKuj Miwi-wv I $5,000; Keith's Palace, Cleveland, $2,00a; Howard Amusement. Co., $5,000; Brooks Costumes, $15,000; Novelty Studio Co., $2,000; Durant Motor Co., $1,000; Hotel Trenior, Chicago, $6,000. The- comedienne gives her home address at 204 West. I37th street. New York. McCarthy Sisters are sjiid to have taken over the production act pro- duced for them by Bill Duffy, the Times- Square jilte club operator, The act- went out with the Harold Leonard orchestra. In the revised turn, Duffy is re- ported wished out; and with Leonard leaving, to remain at the 54th Street Club. In the act now are seven the former I «? ,b.„t .he same time and made. „?X' remove, the available to the opposition. LoSibllity.' H Is said, o( the Mo M-G-M Contracts Carthy girls going in as the attrac- The legal department of M-G-M Uion at the B4th St. (Club. Madrid) defends as "equitable,, reasonable Lj^jg winter,, as reported. f^i^" the clause in its actor's] Leonard will likely go put in a Cantor's Banquet on Air Chicago, Sept. 25. Eddie Cantor banquet, tendered him by the Chicago Comedy Club, came off as one of the biggest af- fairs of its kind ever held in the and fair .- ine cjause ijilh-o a..v-i.u» , jL,eonara win uiteiy ey v"*- •«« | fairs of its kind ever neia cbntract for talking shorts "which Uaude turn of his own, presented by theatrical tealm of this town makes payment ot the actor's ser-I Duffy. I . - . _ vices "conditional" upon acceptance, within 15. days of the completed Bubjectk It is impossible, the counsel con- tends, to make an. ordinary screen lest as with silent pictures. They must see the complete act or spe clalty. . They Invest their, expert, time, "technical knowledge and equipment, Qperating' and laboratory cost lu making the test specialty. They aak the actor or act to risk a few hours of his or their lime. Talent appearing for M-G-M talk ing shorts does so not on a time basis but on a "subject" basis, it Is claimed. The first, or test, sub- ject carries the "condition^.!" clause allowing M-G-M to reject the sub- ject without reimbursing the actor - for time or effort. When the subject is accepted all further contracts between the com pany and the artist call for pay . merit to the actor regardles." of the merit of the subsequent subjects In other words, a poor or unac ceptahlo first subject would be blamed upon the actor. But, having ■ accepted a first, subject and con- tracted with the actor for addi- tional subjects M-G-M assumes re- sponsibility for the quality of all further product. ^ Andy Cohen's Dates Andy Cohen, John McCJraw's Jewish second ba.seman, h.is be«m secured for vaudeville by Jimmy O'Nell. Cohen is act for 10 weeks in and around New Yprk. with cross-country dates possible .should ■ the Giants cop the pennant. Another. O'Neil b.b. attraction wlil be Jim Bottomley and Rabbit Maraiivilie, of the St. Louis Cardi- nals, as a team. It is nnlikoly they will play outside of St. Louis. Affair was stag with some of the most Important people in town pres- ent. The clubrooms of the Comedy Club were crowded to capacity with about 400 gathered and a big mob jamming the dors. Lon& list of performers appeared. Entire show ■was broadcast over WBBM. Tom Waring at Palace Tom Waring, the tenoring half of the Waring brothers, o'pens at the Palace, New York, Oct. 29, on the same day Fred Waring's Penn- sylvanians (band) opens in a. pro^ ductioii • on Broadway. • Waring's Pennsylvanlans are with Choos' |-"Hello Tourself," collegiate musical. Wa.rlng left his brother's organi- zation during their summer engage- ment at the Ambassadeurs, Paris, Earl Saunders entered the Keith for himself. He and Pat Ballard, U^^^ y^^.^^ office Monday, in charge Pennsylvania, team. Saunders in Keith's are also a writing F. & M. Girls in Films Los Angeles, Sept. 25. Fanchon of Fanchon and Marco has written the song sequences and Is designing the sets for a spectacular part, to be used in "Three Week Ends", Clara Bow's current production for Paramount. The picture will have four num- bers in sound with 24 Fanchon and Marco girls. On the same lot Fanchon also has 24 ballet girls who are being used by Mai St. Clair in "The Can- ary--Murder.- Case.". . - _ H. R.-PAN SUIT IN L. A. Chicago, Sept. 25. Suit of the Chicago, Milwaukee | and St. Paul railway to. recover $22,000 in. railroad faros from the ber of the booTiing committee Saunders left the Orpheum Cir- cuit booking office in the same build- ing long ago to enter the realty business. Deciding that was not for him, Saunders' offer to return to the Orpheum books was rejected hy Marcus Helman* the Orpheum's president. Saunders then became general booker for Publix Theatres. His return to Keith's is by consent of Publix. Saunders' authority now extends over the former Orpheum as well as the Keith route sheets, with Hci- mah lately commanded not to at- tend furthetr booking meetings. Af- ter Saunders' departure from Keith'srKeith-and Orpheum. mtFged. Prior to Saunders' appointment, Eddie Darling was Keith's chief bo'oker. He resigned during the sum- Prank Mitchell and Jack Durant, noV playing for Keith's, raised a point in defending William Morris' injunction suit that the agency's guaranty of 20 weeks' work at $600 a week is not mutual and equitable, considering that the Morris office could hold them idle for the re- maining 32 weeks, Harold M. Goldblatt of Goldsmith, Goldblatt & Hanower, defending the act, bro'ught up the case of George White against Lester Allen, in 1919, when Allen was guaranteed 10 weeks by White's. "Scandals." The court then held against the producer and for Allen on the same theory that If the actor had returned to the show White could work him for 10 weeks and then, for spite, laid him off for the rest of the year and still be held as technically living up to his contract. Hence, the court at that time decided against White. Justice Callahan, -who is reserv Ing decision on the injunction be fore him. has the usual affidavits In which Mitchell and Durant further admit that, while they may be a good act, they are by no means "unique and extraordinary" and submit a list of actors' names who could readily - replace them with routine of similar nature such as Castleton and Mack, Barto and others. William Morris . placed the team under contract for two seasons and has a. year and eight months more to go. When offered a Publix routCi Mitchell and Durant objected that they couldn't stand four and five shows a daiy for the strenuous type of comedy: acrobatic wotk they do on the stage and contended they had been promised a production; They took six weeks with Keith's and Major Donovan of the V. M. P. A. ruled for the Morris agency, but 'deemed it advisable the six weeks be pklyed out, else the team would have cause for breach of con tract suit against the theatres. MQr ris argues that Keith's continued playing; the team thereafter, hence the suit for injunction through Jerome Wilzin. William Morris' brother, Hugo Morris, of Morris & Feil, was the agent who booked the act with Keith's. The Keith agents o'nly took up the act after Mitchell and Durant had been legally advised their contract with Morris was in- valid. Anotheir "unique and extraordir nary" legal ca!?.i> is still before the courts, with decision similarly re- served but expected to be handed down in the course of this week. It is the Harry Rogers' suit against the Shuberts over Billy House, the comedian of U3huberts' "Luckee Girl," at the Casino, New York Justice Valente will make the de cision. MARCUS LOEW ON TABLET IN LOEW HOUSES ▲ tablet of Marcus Loew, In head only", designed and executed by the Rlccl Studios of New York, is to be placed In every Loew thea-> tre throughout the world. The Idea originated In the New. York headquarters of the Loew chain, to perpetually coihthemorate the memory of thieir first «hief wherever there Is a Loew stage or screen. Distribution of the tablets will shortly take place. Morrison's Work on Coast Los Angeles, Sept. 25. Leo Morrison, Now York agent, is on his way to thin home burg after seven weeks in Hollywood. Ho opened ah office here with Lou Edelman, sold "The Rounders," a J. C, Nugent story, to M-G-M and was commissioned by the latter company to sign Foodor Chaliapin, Metropolitan opera basso, if possi- ble. ■• • - .. 1—: . - - Acts Advised to Keep Away from Coast San Francisco, Sept. 26. Standard vaude acts are scarce on the coast at the present time, though there Is about the usual percentage of floaters, so that local bookers are able to keep their : route sheets filled. No fancy salaries are being paid on the coast amone' the small timers. Booking managers say acts. ar« foolish to jump here from Chicago . or eastern points, unless they want to make the tour without substantial profit. The Bert Levy office here c.m sup- ply acts .about five weeks, in addi- tion to about 15' week-end dates. As an example,. 75 acts are being booked each week for Sunday dates by the Levy office. The only other, substantial time hereabouts is for Ackerman, Hiarrls & Oppen^ booked by Mrs. Ella We'ston.. Owing to scarcity of name acts, bookers here are compelled to use repeaters quite frequently. Ass't Agents Let Out The big ,broom in the Keith office started anew Saturday with the dls- enfranchisement of two agencies and the release of five others who previously had been full, fledged agents but recently served as as- sistants to others. .. In addition, William Ha.nrahan has turned in his resignation, to become effective Oct. 15. The ousted as.sistants, with the offices they have been affiliated with in parenthesis, are: Lew Mosely (N. E. Manwariri^), Harry Ward . (Jack Curtis), Charlie Ma.cKillop (.Maurie Rose), JimntiV Dunedin (Dave Sablosky), Ben Ed- wards and Louis Spielman. The five lost their franchises at the bcginhing of, the Kennedy- Murdock regime. After being out for a short time they were taken back into the fold . as assistant agents—minus franchises but with permission to represent franchised agents on the Keith f.nor. Pantages office here • was thrown ^'tzlrX; Th)e other niember of the present Keith booking committee' is Ted out of court Sept. 22. Railroad was advised it could sue Pan In the Los Angeles couiMs. Money was misappropriated by Charles Hodkins, then local man- ager for Pantages. , 1060 BBOADWAT, NKiV ' m = (0 William Morris CALL BOARD ... . ' ■ L roRK „ : H u 09 © H to O Have Important Engage- < ment for Zelma.O'Neal type, a Communicate with ^ Billy Grady Production Dept. cuicAoo: nil nrxi.KB I/. "Rulje Wolf Week" in S. P. San Francisco. S(>pt. 25. Week of Oct, 13 will he designated "Rube Wolf Weok" at. the AVarnel'l. Anidug other publicity .^l\ints' will be the giving away by Rube, the Warlield's m.e. jind stago hand lead- er, to 1,000 stenographers of a min- iature reiilica of liube in the form of Tt"pTni^^->\?orgTTtT^ Harry Hollarider is now in charge at Publix, routing shows. Hollander was brought on from Chicago some weeks ago by Sam Kat7. to learn the rudiments, prei>ar- atory. to succeeding Saunders. Hol- lander was formerly with the pub- licity department for b; & K. in Cbi. Act for Sound Record LeMaire and Phillips, t\vo-aot have signed with F. B. O. to tnakc a soimd prolog for that oompniiy's forthcoming dialog release, "Taxi 13," 'iL|====TJicy^wilUus.e^sp£idal-JUJiUi!? Chaliapin already has- rejected an offer of $1.25,00.0 for a talker. CONRAD LEAVING 'HEART" Don C- Barcl.'iy has been engaged to- replace Eddie COrirnd in "Cross .My Heart," the. switch probably (iccurrin.c; Thursday night. When in Boston the management gave . Conrad his notice, biit it lapsed, and the cotnedian demanded a contract giiaraiitceing him at least six weeks. After the opening, performance nt tUf Knickerbocker, New York, l;ist v.-eek, Conrad asked to liC rele.'ised and his two weeks' notice, was accf.pfod. Barton Cancels at Palace Chicago, Si'Pt. 25. J.ameiF; Barton did not open Sun- day at the Palace (Keith vaud) and canceled the week; He is said to have-claimed a breach-of contract by the theatre, with his agreement calling for his name only to be In lights or on the marquee as head- liner. Tho Pjilace's marquee Sunday, ;ilong with Barton's, he.ld the names 9f Clayton, Jackson and Durante, three-acti; all nien, held over froW previoiJs week. BILLY WEST'S COMEDY ACT Chicago, Si-vl, 2n. T'.illy West, former Vilm ('.(Uiicdy director, has gone back tii vaudi-- vi'llc. He is doing a comedy .-ict wilh Claire Ray and Nick C'opelaiul in the company. mat<'ri;il provided by F. B. (>. willi out in.serting any personjil business. With Lemaire and JMiilHps will be feminine players, a.i yet not en- gaged. PEABODY AT PAR OCT. 20 TjOS Angeles, Sept. 25. Kddie Pc;i)Mjdy will reach. Now -Y:oi-k.^as-=rvii-^i»--xt=^tlic-^^^ Oi-t. ::<i. 11" may r<'niain si.v weeks. "W'l.il" in New York I'eabody will mak''' rcf-di-d.-- and possibly do some lalkitig sluirts for Fox. Halligan on Fox Lot Bill Halligan returned to New York from abroad last week and the .same day left for the Fox lot at Hollywood. , Bill has a six months" contract from Winnie Sheehan to hang around the tankers out there. He won't know his assignnit-nt until arriving. It may be to d'.rvct shorts or for gags. Anything TTalllgan dofsn't know :ibout the- stage he's jii.'-t forgot- r,cii I'.hu'k will ri'turn to iho Par- Glenn Hunter has an act wriltc:. i ranonnt, .\'cw Y.>rk. as m. c. wh<Mi a | l';t'.il Ash d* pans for Chicago at the 'lend <>t tlu- f.ur:'< ni. week.. by himself called "Driven," will ^apt- of four. Carson With Oaffi in N. Y. lU nri Carson, Parisi:.n . Tnanatrt !'. is in New York, with Oadi. the Arab winner of the rt . '-i • i''\')ipi' "« Mar.ithon. The Arab has b>.vr. j>;.i<.-«a wUli Tf'X RicKard.