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Wednesday, June 11, 1930 LEGITIMATE VARIETY 49 Grover Whalen and Wanamaker's Object to Travesty in "Gaieties" Theatre Guild's "Garrick Gaieties," openine at the Guild, New "York, June 4f Tvas immediately faced ■with an official squawk from eat- police Commissioner. -Grover A. "Whalen and the John "Wanamaker <Jepartm€nt store. Both threaten uuit, it is said, because of the .first act finale, "They Always Come Back," authored by Newman l^vy. This, the brightest number in the Theatre Guild's intimate revue, satirizes "Whalen's return to the ."Wanamaker department store and the store itself. Wanamaker's excepts to the sec- ond of the two songs which- com- pii.se Ihe themes of the skit, titled "Johnny "Wanamaker," which I'aul James (lyric) and Kay Swift (mu- tjic}, authored. This, the "Wana- maker people allege, desecrates the memory of the; founder of the store, including an actual line in the skit which reads:. "From the writings of the founder,," referring to the department store advertising series Jim periodically in the dailies. "Whalen also . doesn't like the "I'm Grover" refrain . by Levy (lyric), and "Vernon Duh<e (music),, with Newman Levy, an attorney-at- Jaw,.authoring the entire skit.. . Herein is shown a department «tore bargain counter rush, with a traffic cop in the middle of the aisle jegulating the flow of frantic £em- anies, all climaxing into an huzzah build-up for "Whalen's entrance, rhilip Loeb, who staged the entire revue, personates the former Tolice Commish. Injures Good-Will Entire sketch is in burlesque op^ra style and. a laugh wind-up for the first stf>nza. j?rogram note introducing the (Hketch reads: ""What will happen at one of our finest department wlores' with Grover "Whalen at the helm again. New "Tork is looking lor the answer. The 'Garrick (Jaieties' hazard a guess." "Wanamaker's believes the wild liave.stie.s rush of bargain hunters lends to injure the good name and will of "Wanamaker'.s. Grossmitli as King George Grossmith will play the king in "Princess Charming," the forthcoming Connelly-Swanstrom operetta. ' Grossmith played the same pai-t in the London production. ENGLISH'S CLOSED; NO INDIANAPOUS LEGIT MRS. 0. HAMMERSTEIN'S OFFER FROM ARTHUR Indianapolis, June 10. Ad Miller loaded the office fui'ni- ture \nd movable fixtures of Eng- lish's theatre on a truck last week and sent them to the storehouse, which means' that Indianapolis is without a theatre for'the legit. The "Valentine company has occu- pied English's for 33 years. Miller acting as manager for 31 years. He is now heacl of the operating com- pany. Lease expired J"un€ 2 and Miller turned the keys over to the Circle Realty Co.-, owners. SHUBERT LEAGUE IDEA BUMPED IN PTSBGH Ziegfeld After Winter Show for Evelyn Laye Los Angeles, June 10. Flo Ziegfeld is reported negotiating ■wjth Jerome Kern and Otto Har- toach tg write a new show for Evelyn LAye. This would indicate that the producer has Miss Laye under con- tract, the show presumably to be produced next winter. Miss Laye was originally brought over from England for "Bitter Sweet" by Ed- t'ar Selwyn. Naming the winter as the time for this show is logical. Miss Laye is due out here to do a Goldwyn pic- ture this summer while Ziegfeld is listing the Miller-Astaires piece and the new "Follies" as his autumn ob- jectives. Should there be further delay on the three-star entry, the show for Miss Laye will likely be advanced. EEPUDIATING AGENTS Hollywood, June JO. Marjorie Rfimbeau, under con- tj-;iot to Pathe, is suing to cancel a p(Tsonal representative contract 1}<1(1 by the Gould and Price Agency, iwitter wa.« dated la.st August. Hfiiry "Weber made the Pathe fl«-ji'). . Pittsburgh, June 10. Shuberts running into a mess of trouble here as result of their pro- posed Dramatic League of Pitts- burgh next season, a series of sub- scription plays along the order of thcii- first league, in Chicago. Frederick Uonaghey, formerly dra- matic critics of Chicago "Trib" and now organizing leagues in various cities for the .Shuberts, was in town last week, where he started, the ball rolling at a luncheon given members of press, clergy and clubwomen by John Reynolds, manager of Shubert- Alvin theatre. Following day all the dailies car- ried story of Shuberts' plan, and im- mediately the fun began. Drama League of Pittsburgh, long-estab- lished group, through its president, Chester B. Story, protested vigor- ously at shmilarfty in names, statr ing eimphatically Drama League -was in no way connected with new or- ganization and that it never boosted plays of any one organization. Story's protests found space in all of the local theatre columns, with plenty of resultant t^ilk. Elmer K«nyon,"former Little The- atre devotee here, and for last couple of seasons an agent for The- atre Guild, also delivered a couple of broadsides in behalf of the Guild. Kenyon, spending summer at home, saw reports of Donaghey's plans, In which Donaghey stated Dramatic League would present plays here before they reached Broadway, "dif- fering from the Theatre Guild, which takes plays on the road only after they had run their course on Broadway," and immediately dis- patched his sentiments to the dailies. Right now everything's up in the air, but it looks as if the Shuberts will have to employ a little more tact if they ever want to sell the subscription idea here. Billie Burke's Tonsils Hollywood. Jisne 10. Billie Burke is ill in her Bovc-rlcy Hills home with tonsil trouble. Legit star is here with her hus- band, Flo ■ Ziegfeld. Ceo. M: Cohan Predicts Repertoire Revival, as in Olden Legit Days <"iforf.'e M. Cohan predicting the time a.s ripe for the revived popular- ly of repertory, ha.s routed part of wpxt season along such line.s. Cohan ■will play at least IS week.s on the J"tiad in rep. '."ohari gave it as his opinion that ''lot the coming season then a year «r more at the most, will .see that lyp< of presentation on Broadway. Pfrhap.s two or three auch cohi- IWiriiet:. It would moan the return of the show sy.stem so popular in ^*>c day.e of Booth, Barrett and I'almer. New playa would bo tried l''<'<iuently, with expected hits, de- "vcJoped as in the past. That repertory is ripe was In- dicated to Cohan during the past season when he started on tour with "Gambling." During the Pittsburgh engagement he tried out a new play at .special matinees. 'While it did not come up to pxpeclations, Cohan went on iff other stand."! and re- vived "The Tavern" and "The Song and Danf-e Man." In Boston the re- vivals prospered e.^-pecially, with "Tavern" superceding "(iamliling" at the flose. Cohan it* ending his .eea^on with the revival?", Ipack at thf-' Fulton, Nf-w Yovk. H< h.'if-- bff-n carrying 38 playerH under salary lor them. Mrs. Oscar Hammerstein, widow of the late opera impresario, con- victed last week on charges of im- morality, will appeal the case, ac- cording to Henry H. Klein, her at- torney. It was pointed out that the charges by a detective that she ac- cepted $30 from him in her hotel room, amoiinted to tinsuppovted evidence. A number of women's clubs went to Mrs. Hammerstein's support, without'avail. Mrs. Hammerstein was sentenced to one day, but immediately re- leased since she h^d been held for a longer period. She' is not the mother of Arthur and the late "Willie Hammerstein, being a second or third wife, her marriage to the elder Hammerstein resulting from a meeting in Jack's, one time famous 6th avenue res- taurant. It is understood Mrs. Hammer- -stein will live abroad^ Arthur Ham- merstein offered her an allowance if she would" reside in Europe, some time ago, but she refused. The offer still stiands. In a 'reputed interview, Mrs. Hammerstein said she at one time was associated with Fortune Gallo in the San Carlo opera company. That is disavowed by Gallo. ' Latr ter states in 1921 he rented the Manhattan opera house, then part of the Hammerstein estate, but since disposed of. Gallo added that season was hiis most successful and he, had no reason then for having a partner. MUSICAL IS DUE AT HOLLYWOOD NEXT FALL Bobby Connolly will produce two New "York stage musicals a year for the next three years under Warner auspices. Deal just been completed and is separate and aprirt from a proposed plan for Connolly, Louis Shurr and Lewis . "Warner, son of Harry M. Warner, to handle east- ern stage musicals for Warners. After launching "Princess Charm- ing" in the fall, Connolly will ready a second musical for mid-winter spotting, probably at Warners' Hollywood theatre on Broadwax. H will be the first stage show In the house built to accommodate either films or legit. Sons Gons' $90,000 Boy For 17 Days Texas Fair And WithoQt Lily Damita Dalla.s, June 10. Oflicials of State Fair of Texas are considerably worried over Lil Damita and "Sons o' Guns." Tired of operettas, they, offered Connolly and Swanstrom 190,000 for- road shttw o£ the hit, contract calling for exclu.'-ive showing for 17 days dur- ing fair, show to'come direct from New "Vork. Without Damita they fear tliejr greases won't cover the price. I'rice is almost $20,000 more than fair ever paid Shuberts for any of their rnu.sicals, and sometime." they went,in the red then. Road show is annual attraction at fair, drawing ,from whole state. Hartman's Opera Deal On Coast Falls Down Hollywood, June 10. Ferris Hartman's proposed sum- mer sea.son of light opera failed to malerializo June 8 as, scheduled. Backers couldn't promote the $3,500 rertulred by, the Shrine Auditorium as advance rent deposit. Last minute efforts to make a deal for the Philharmonic Auditorium al.«o ff-11 through. Meanwhile a cast and chorus of 60 rehearsfd two week."--. Backers must settle for scenery and advance exploitation. T.Tnderstood BuV^scriptlons amounted to but $500 with a fkimpy $100 ad- vance .«-'ale at box ofTlce. First piece wayto have been "The p'ortune Teller." The Sunnner Try-out Bunk for Actors Now Not Working So Well 25 Chr Agencies Chicago; June 10. Town now boa.sts 25 ticket agen- cies. Last week, on Bandolph street, Tyson's blossomed into a larger cation, with the I'nion "TitltcTs also taking more space fartheir down the stem. Twenty of the spots arc under Couthoui control. Four are Water- fall. , Balance independent. B'WAY SHOW'S AD IN COAST DAILIES Hollywood, June 10. Sunday newspapers here carried four-inch ads on "Green I'astures," showing at the Mansfield theatre, New "York. Copy spotted to attract eastl)ound theatregoers. DR. ROCKWELL IGNORES niEM, SHUBERTS CLAIM .Suit has been filed by the Shu- berts to restrain Dr. Rockwell from breaking a contract for his exclu- sive services until December of this year. Rockwell has declined to re- port for duty and instead has start- ed radio broadcasts for R. J. Reyn- olds via WJZ. J. Shubert's affidavit hi the case stales Rockwell was under con- tract to the firm at $1,750 a week. Although Rockwell claimed the Life Kxtcnsion Institute said he was too ill to work, the Shuberts had him examined by Dr. Louis Martin, who believes Rockwell to be In good hcAlth, Shubert .stated. Damages of $100,0tl0 are a.sked from Rockwell becaxj.se of his re- fusal to report for work in "Broad- way Night.s." "Gambling" Cast on Salary While Idle Revival of "The Song and Dance Man" supplants "The Tavern" at the Fulton next week, with George M. Cohan, producer, heading cast. Cohan is spotting the revival for four weeks, after which he will go abroad to London to launch "Gam- bling." Cohan has kept the original cast of "Gambling" intact since closing two months ago, with the mob etill on the payroll since closing. Kveti though they need jobs and with slack sxunmer coming on, a good many actors are balking at en- gaging in try-outs of pla.v*f. Some refu.se to bother, ..They \isually are not used in t*»e final prodtietion, but are rnet^ilessly Oroppe<l before the ay comes to Broadway, if it doo.«. Producer!? never openly warn them of this possibility, but it invariably happens. Though actors who go into try-outs should 'know better, they are optimistic and hopeful of being retained. Some have realized the futility of hot stimmer rehear- sals, doing the other fellow's dirty work at little or no salary, with only disappointment in the end. In Summer Try-Out* Actors have concluded the only chance the try-out ch.ip has of be- ing rf.tainod is If he Is a perfect type for the role and will continue In tJie the fall for the same sum- mer JMilary. This is too long a shot, he says. If they coiild get even their mini- mum salary during the try-o\its, players wouldn't mind so much. There are many tricks to the try- out. A ))roducer with a cheap p"'»rt has a way of cheapening the actor instead of the part. 1£ he tmly wants to pay $60 and the actor says his minimum is $100, the pro- ducer will ask him how long he has been in the business. The actor mentions a long string of plays and the producer replies: "What, you have been on the stage that long and only worth $100? I am afraid you are not eaual to the role." .Sometimes in this way an actor gladly tfikes the part at the j)ro- ducer's price. Landlady Stuff Rome actor« »jay their salary le elastic; It has been very high, very low and in cvyM .dow In between. Just why all parts, when a pl.'iy comes to town, should be turned over to other actors, often to those without a name or standing, 1h a puzxie to actors. They claim it in just an old theatrical fashion, with no real rea.son behind lt< The pro- ducer, they say, resembles one'n boarding houcie keeper who won't redecorate one's room while the old tenant is in it, but as soon as one moves out, even though room is to be rented at a lower rate, the land-. lady will fix It up anew. Belascc/s Birthday Atlantic City, June 10. Evidently David Belasco Intends celebrating hi.-s birthday each year here with a new play. Last July the public not only took kindly to the event, but to the producer's "It's a Wi.se Child." Now comes the announcement that he will open the .season July 21 v;ilh a comedy adapted from the Hungai-ian by the llattons, and during that week (on July 25, his natal day, to be exact) he will m:jke public his plans for. three oth(-r plays to follow.' Erianger with Gordon Max Gordon has engaged HjiHHard. .Short to stage hl« new revue for the fall. Only other engagement to date Is KarJ Oxf6rd, juvenile. Max Gordon, Inc., ha-s been formed to produce the show. Tho Erianger office will be inter- ested up to '50%. Dorothy Carew Sues Bridgeport, Conn.. June 10. Dorothy Hull Cairew, actress and daughter of Judge Elbert O. Hull, of this city, is asking a divorce and alimony from Maurice Carew, a New 'York broker and former Dan- bury and Norwalk newspaper man. Mrs. Carew charges cruelty and desertion in April, J920. Couple were married January 27, 1023, when Mrs. Carew was on the legit stage In New York City. Duffy's Stand for Clean Plays Embarrasses Court s Receiver •San Francisco, June 10. Richard Mar.«hall, general man- ager for Henry Duffy since the coast .stock circuit's inception and its op- erator under the ret<'lvcr»hlp, has resigned. Henry Duffy objected violently- to Marshall's plan to pep up gro.wses by abandoning l>uffy'» "dean play" policy. In the controver«ey Duffy cViarged his rfputation was threatened. It Is undf-rstood Ih*) Wlnshlp Kstate, which owns the 'President and Al- cazar theatres, .S,an Kran<-iKco, ba<'ked iMiffy on the clf»an play ant'le. jMar.'-hall'H resignation f-jlUiwed I)roduciion at the Duffwin, Oakland, of "Little Accjd<-nt,'' first of the pep plays. Carlton Miles, puWicity di- rector, also resigned, G, A. Blanchard, the rec«>)ver, Ik In a tough npot as the result of Marshall's retirement. He has sup- ported both Marshall and the spicy play idea, but can hardly do any- thing in view of the threat of the Wlnshlp Kstate to dose their thea- tres rather than have objectionable show.". "Variety For Summer ,I|INK, JVt.V ami AVtiVHT $2 Address "Variety," New York