Variety (Mar 1929)

Wednesday, March 27. 1929 L E GIT IM A T E VARIETY n Guild Plans to Embrace 4 More Major Cities Bringing Total to 11 Subscription Season Longer in New York—Chicago Minimum 3 Weeks—New Shaw Play The Theatre Guild's plans for next year call tor tlie InBtallatlon of the subscription plan Into four more cities and the retention of that plan In the six cltleB played during the past season by the organization's Acting Company. Moreover, the subscription period of all produc- tions Is to be extended a week longer In New york, this being done • .to accommodate a lengthy waiting ■ list of prospective subscribers. It wili give the Guild subscription sea eons In 11 cities of the U. S. In Chicago, where the . Guild has l)ecome strong after two seasons, : «1I shows will play a minimum of ' three weeks instead of two. At the 'tnoment the Guild has more than S2,'D0O subscribers in New Tork , and almost oja many In othet cities. ' The definite continuation of the rood policy Instituted last year and . the increase of subscription runs in both New Tork and Chicago sig' nifles a steady growth' of the sub- scription plan, something brought ' to the legit show business by the ' . Guild and so far not sucoesfifully copied. Next Season's Plays Flans for New York next year wljl be headed by a production of Bernard Shaw's new play, "The ;,' Apple Cart," not yet delivered to the I Guild, but expected soon. It Is ex \ pected that this will be an early I season production. Also projected i. for next year in New York are i Franz 'Werfel's "Splegelmensch" I <Mlrror-Man). Werfcl Is tlie Aus i trian dramatist whose "Goat Song" «nd "Jaurez and Maximilian" have 'already been done- by the Guild. ' Turgenev's "A Month in the Coun- try," S, N. Behrman's "Meteor," ■Paul Green's "The House of Con- nolly" Sil-Vara (he's the author of the current "Caprice") "The Genius and His Brother" and liew plays by "both Eugene O'Neill and Sidney Howard are on the list. There 18 . ■ nothing definite about new plays by either O'Neill or Howard, but an «friclal of the organization stated that they are expected. Tlio new cities to be added to the principal road tour, 1. e., that of the . Guild's Acting Company, are St Xouis, Detroit, Cincinnati and ."Washington. Continuing to be on ■the list will be Chicago, Boston, Philadelphia, Cleveland, Pittsburgh and Baltimore. In addition, many other cities will be visited by an especially organized unit which will succeed what was known as the Guild Repertory Company. This company was booked from coast- to-coast for two seasons and suc- cessfully. The new 'company will ■be much larger than the two pre- vious troupes and will play a more elaborate type of production. Natur- ally, the cities which turned out best for the Repertory Company will be served by the new group, which will have "Marco Millions," -Volpone," and "R. U. R." as Its repertory for the coming season, but this same company will also play some of its productions in the subscription cities. The plays to be sent out next year will be "Caprice," which will have Alfred Lunt and Lynn Fon- tanne in their present roles; Shaw's "Major Barbara" and "Pygmalion" ^in travel as a unit; "Wings Over Europe," two companies of "Strange ■Interlude" (the present New York troupe and the one now playing •n the Pacific coast), and the three plays named above, "Marco Mil- lions," "Volpone" and "R. U. R." It will mark the second season of touring for both "Marco" and "Volpone," ditto for "R. U. B.," Which wa-s toured several years ago' . fcy a management which secured Toad rights at the time from the Guild. Bway and Road Same 8«aso;i Into ieach of the subscription «ltles at ledst five productions will eo and the roster of the acting company will be so arranged that in the future each actor will dl- -,*»i!^l.!li^JlSli IJetwecn the road and ^'ew York ln.'tho'"same"6cason,''tiiiT oelng an effort on the Guild's part to show its out of town subscribers Uiat thfey are being regarded on the eame basis as those of New York. The tour of "Caprice" wiU be Btjlctly limited to tho subscription *itlos, with three weeks for ChJ- cago, two weeks each for Phila- delphia nnd Boston, and a week each in Baltimore, Pittsburgh, Cleveland, i)etroltj St. Louis, CIn natti and "Washington. "Strange Interlude" will play more than a week In each of the subscription towns; In Chicago the stay will be Indeflhite, as it will be in both Bos ton and Philadelphia. There Is also the posslbliity that "Porgy" will have returned from its London en- gagement by the opening of the new season and if so, it will be sent out once more, this tlnie to the coast, for which it was headed when negotiations for London were closed. The play opens In London April 6 at the Prince's theatre un- der the local sponsorship of C. B Cochran. "Porgy" tour was excel- lent during the past year and the Guild ilgures that the show will do well "on Its repeat dates, as every booking this year was limited In order to make a Chicago run of It and also include the subscription towns. 16 Productions These plans will give the Guild a total of 16 productions, including both New York and the road, for next season and^ also shows, in the Instances of "R. U. R." and "Pyg: malion" that, the organization plans to draw upon Its post successes to send to the road,^ as well as send- ing tho successes of one season on tour for the next. Despite the rapid growth of the Guild, it is adhering strictly to its policy of six plays a year for New York and no more. The booi-d of managers explains this by saying that the group will not take on more creative work than It has handled iri the past, which means that their success on the road will not make them turn to any factory system of produc- tion. In two weeks, on April 14, the organization will celebrate the lOtli year of its existence. In that time they will have prodticed 73 plays on Broadway for a total of over 8,000 performances. Baltimore, March 26. The Tlieatre Guild's first sub- scription season In Baltimore clQsed last Saturday night when "Porgj'" completed a week of big business that ended with near capacity houses, at Ford's. As a result, the Guild announces a six play season here next year, Including a two week engagement of "Strange Interlude." Dates have not been selected. N. Y. Excepts People Of Stage From Arrest Albany, N. Y., March 26. Actors, actresses, musicians and stage hands will be relieved of drastic provisions of the Wales theatre padlock law by the Post bill passed by the assembly without a dissenting vote. In the first place the bill strikes out the reference to the profession in the opening sec- tion of the Wales law and then It adds a new section. Which spedfl- cally says that members of the the- atrical profession, as well as mu- sicians and stage hands, shall not be subject to provisions of the law until a t.ourt has p4&sed upon the alleged immorality of the play or forbids some pai'ticular feature of the play complained of pending a judicial decision. Tlie practical effect of the law will bo to prevent subjecting mem- bers of the theatrical profession to spectacular oi'rests at first night performances of plays alleged to be Immoral. Introduced the iamendment. Is the son-in-law of Roland Kirby, car- toonist for the Morning World. His measure was framed after being in- formed of the raiding legalized by the Wales law. , Assemblyman Post became Interested In the sit- uation following conferences with 13(nilty'"Iendcrs.--~--7|---.-~---~«— "Paris'V to Toup Irene Bordoni show, "Paris," which closed Its New York engage- ment at the Muisic Box Saturday night, reopens Ea.">.ter week for the subway, circuit. ' PEGGY BERNIER ■With the Western "Good News"- company. The St. Paul "News' said:"The crazy prancing of Peggy Bernier's undisciplined limbs inrinie dlately made her the nominee for the title of the world's ■. swellest dancer. The audience did everything short of actually dragging .her out from the wings to make her dance some more." Direction RALPH G. FARNUM 1560 Broadway Barton's Wife Ddmands Share in ^osperhy Papers filed yesterday (Tuesday) in New York Supreme Court open Mrs. Ottilia K. Barton's fight for an alimony increase from Jim Bar- ton,-the comedian, now In the legit show, "Burlesque," playing the sub- way time. The wife has been re- ceiving $160 a week since her legal separation In 1926 and deerfis her- self entitled to $600 a week in view of Barton's estimated earnings of from $2,000 to $4,000 and $5,000 in vaudeville and picture houses. Through Julius Kendler, the at- torney of record, Mrs. Barton urges that a referee be appointed to deter- mine the comedian's earnings, re- iterating that it will disclose a mini- mum of $100,000 annually and that as his wife since 1912 she regards herself entitled to the benefits of his prosperity: Papers name Katherine Penman, a chorister, as the cause of their marital breach. Barton, when starring at the As- tor. New York, in "Dew Drop Inn," allegedly met Miss Penman of the chorus and subsequently deserted his wife. Barton accepted service at the Riviera, the 97th street and Broadway subway circuit stand, where "Burlesque" held forth last week. C. E. Wilson in Charge Of All Fox Stock Cos. Charles E. Wilson, former stage and screen director for TifCany- Stahl, has been signed by Fox to a long term contract as director of all. the stock companies being planned in various cities as a source of fu- ture Fox screen talent. Wilson has left for Connecticut to determine suitable localities for stock ventures and make arranged ments for production. Thorn's Screen Yearn Los Angeles, March 26. Norman P. Thorn, known as the John Drew of the Mississippi, is in Hollywood seeking a screen career. He, was given an. extra part, ap- pearing as a uniformed, copper for Universal. Thom came here from New York, after appearing, at the Belmont with Reichehbach's show boat troupe. No mention of what's happened to the boat or players. CHARLOTTE'S "LETTY" L09 Angeles, March 26. Cliarlotte Greenwood will be starred in a Vltaphonc version of her musical "So Long Letty" by Warners. Picture, which will be done In color and goes Into produc- tion April 29. . Miss Greenwood, after completlnf; this one^' will have two addltlontil pictures to make for the concern. "CASTANETS" GIVES UP After~nln6-day6i-rchcat3aU,;;CaSi. tainets" has been withdrawn, with the cast receiving two weeks' salary for rehearsing period. The piece was. written by John Patten Russell and was reported financed by a Wall street broker named Tanner, Felix Jumps to Coast, Side-Stepping Ziggy Getting wind of Flurcn,; Zleg teld's. contemplated Injunction suit to restrain his leaving New York state, Seymour Felix lost himself lintll Sunday, or more strictly one minute past midnight Saturday, when he became Immune from ser- vice. Whereupon Felix went home, packed and left for California to take up his duties with Fox Movie- tone as supervising dance producer for Movietone musical productions. Zlggy is peeved at Felix, claim- ing the latter accepted a $6,000 ad- vance on contract to stage his "next show." Felix, who put on "'W;hoopee," claimed that that "next show" specification was too indef- inite, and refused to be kept wait- ing too long. Besides which he holds a rich contract with Fox through Al Lewis and the Litter, frankly desirous of eo-oper.itlng with Zleg- feld, had further promised to per- mit Felix's return to New York for his Zlegfelclian duties, providing Ziggy told them both just when that "next show" would come to pass. Lewis had agreed tp arrange his west coast schedule as a managerial courtesy to Zlegteld and make it ppssible for Felix's return to Broad- way from Hollywood in time to do that next show, Zlggy now wants Felix for "£^8t Is" West." That was to have been the "next show," but William An- thony McQulre had kept every- thing tied up because of the book. The Gershwins, George and Ira, are setting the tunes and lyrics. Mc- Guire has completed a skeleton and a first act and Zlggy wants Felix to do the dances. In addition, Ztegfeld alleges that a proviso in his "Whoopee" contract with Felix Is that the latter stay handy for purposes of fixing the dance numbers up intermittently. Felix gets one per cent, of the Cantor show gross. The dance pro- ducer's aittorneys. Goldsmith, Gold- blatt & Hanower, contend that Felix could come back oft and on for his "Whoopee" obligations^ wliich he will do anyway, at six- month Intervals. Felix received a $6,000 advance from Ziggy for the "East Is West" task and offered to return it be- cause of the Fox Movietone con- tract. Zlegfeld ofllce stated Monday the proceeding would be directed against William Fox. Flo Zlegfeld, retarded from returning from Palm Beach through a slight illness, will start producing the musical version of East Is West" within 10 days and claims Felix Is under contract to stage the dances. Legit Show Booked for Picture One-Nighters C'hicngo, March 26. "Scarlet Woman," with Pauline Frederick, now at the Cort, has been booked for a week of one- nlghters in Illinois by the Great States circuit of picture houses, starting April 22. No clo.slng date posted here yet. Nap for "Bed FeUows" "Bed Fellows" at Werba's Flat- bush, Brooklyn, lays off next week. Bernard Levey says a Shubicrt house will be obtained for a New York premiere. .The .show rcliearsed three weeks which enables Levey to exercise his extra week as a 1. o. pending a booking adjustment. Leblang*s Florida Hotel Mlnml, March 26. Joe Leblang and a syndicate of capitalists have ^ught the bonds, together with the first mortgage, on the Hollywood Beach Hotel, Holly- wood, Fla. Consideration was about $600,000. New board of trustees who will operate con.slsts of Joseph Young, founder of Hollywood, Ed- ward Hjiitcr, Joseph Leblang, Ed- ward Rosenthal and Fred Kaufman. Expansion and Improvements planned for next .so.-^sDn. LOWELL SHEEMAN'S DATE Lo.s Ansoles, March 20. ....J.ohn. .Barrym ore starts prod uc- tion under his now and return eon-" tract with Wavncyn April 15. Lowell Sherman has been as- signed to a featured part In Barry- more's next and has been placed under a flvc-ploture contract with Die concern by Jack Warner. ANGELS FORCED TO PAY UNC0NTRAC1B PEOPLE But Remedy of Contracted Employees Is in Suit Alleging Breach, Court Holds Chicago, March 26. Settlement of the "Do Me a Favor" test case "last week by Master In Chancery Sidney Pollack set the following precedent for the- atrical companies in Illinois: Stockholders of defunct corpora- tions are liable for two weeks' sal- aries for emiiloyees not under con- tract. Tliose under contract mtist seek full compensation on a breach of contract claim. The test case was started kome time ago by Thomas L. Dlgglns, advance man for' tlie "Do Me a Favor" musical comedy company which opened Nov. 6, 1927, at the Davidson in Milwaukee and closed a week later. Decision in favor of Diggins was through an Illinois statute, passed in 1927, that stockholders are lla,ble for the last two weeks' salary of :»n employee. In a separate case based on. the same facts, Ed "Walls and George Fee, stagehands with the same com^ pany, couldn't get their last week's salary because of the contract be- tween the producers and the ,stage- hands' union. It was decided their remedy was in a suit for breach of contra'ct. Shareholders in the defunct cor- poration were Arthur P. Felger, an attorney; Bertha Felger, Wis mother, and Evans Lloyd, producer. . Jed Harris Free to Book Erlanger Time Jed Harris can take his. "Front Page" into the Erlanger houses or anywhere else for bookings -and need not be bound by an exclusive Shubert booking an-angement which the brothers have with the Selwyns, according to Justice McCook's. rul- . ing, denying an Injunction sigainst Harris, Latt6r is set to tour bis newspaper meller in houses .ci>n- trolled by Erlanger Interests. Shuberts argued that in 1918, In consideration of a, $200,000: invest- ment, all attractions a.ppearJner in the Selwyn, Times Square , and Apollo theatres, which houses' are controlled by Arch and E^dgar Sel- wyn and Cirosby Galge, were boimd to be hooked by the Shuberts on the road. Justice McCook contends that not only is Harris not bound or obli- gated to the Shuberts' by a third party covenant between the broth- ers Selwyn and Shubert, but' that moreover Harris has not been served and "the court does not find any interference by defendants with any contractual rights of the plain- tiff." Ann Harding in "Paris,'* OrigiAal for Ina Clailre Los Angeles, March 26. Ann Harding, legit, signed by Pathe to do "Paris Bounil." Ina Claire will not be in the picture. Miss Harding has a one year con- tract with Pathe. Frank Relcher to direct dialog. Arthur Richman is writing- an original for Miss Claire. Star ar- rived on Coast to start Pathe talk- ers this week. It's Princess Again with Lucille La "Verne unable. to make her revival of "Sun UP" Ko the Princess which she renamed the Lucille LaVeme, reverts to its former name April 1 and takes on a new lessee and show. Walter .Greenough has taken over the. hou^e for three years, opening with "He Walked In Her Sleep." Greenough, In assbciation with Benjamin Stein, will produce ."The Jade God," by Willlani Barry, in May. TOTTENS BANKKUPT Edyth Totten Fanning and her husband, Russell Fanning, both of tlie Hotel Asto>,_ have filed, volun- . taiylianRrupTcy pctrnonsr—T^eitlrer"'"' states a.sscts and liabilities. - , Bankruptcies ..date from the fore- closure sale of the Edyth Totten theatre on West 49th, now called _^ the President, which Fanning built and managed on his wife's behalf.