The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1897-12-28
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Albini, the Magician, Didn't Do
Any of His Own Last Night.
STOPPED BY THE COURT
He Was to Have Appeared at the Inn
perial Theater and the California
Brewery, But the Casino
Objected.

Albini, the magician, is becoming ex-
perienced in injunction matters Afte1
getting through with his Seattle case
he came to Butte and week ago with
his wife, Nellie Mcguire, began an en-
gagement at the Casino theater. Their
contract was for two weeks. but be-
fore half a week had expired Albini
and Manager Kenney had some words
and Albini said he would close his en-
gagement. Kenney said he could do 50.
according to Albinis account of it, but
the magician concluded finally to fill
out one week, which expired Sunday
night. Yesterday he signed a contract
with the Imperial. the Casinos new
rival in the variety theater business.
and also with the California brewery.
by which he and his wife We're to play
at both places. When Kenney heard
that Albini was to appear at the I'M
perial he did not like ii a little bit and
instantly hunted up a lawyer and last
evening an action to enjoin Albini and
his wife from appearing at either the
Imperial of California during the pres
ent week was commenced in the district
court.
The complaint in the case alleges that
the plaintiff, the Casino Novelty COM
pany, is corporation doing business
in the city of Butte by giving vaudeville
that the ue1PnudHlS, Ii.
Albmi and Mrs. II. Albini. are hus-
band and wife and that Mrs. Albini is
known and acts by the stage name of
Nellie Mcguire and signed a contract
by that name. On Dec. 20, the defend
ants entered into contract with the
plaintiff: We the undersigned agree
to play your house for two weeks. COM
mencing Dec. 20, at a weekly salary of
300 jointly, and to do two acts nightly
and introduce our burlesque the second
week If required: and it is understood
that Miss Mcguire has given her con-
sent to give her act at the California
brewery in this city for one week ard
further that she is to be excused from
wine rooms or boxes" The contract is
dated at the Casino and is signed y.
III. Fielding, assistant manager, and
by H. Albini and Nellie Mcguire.
Continuing, the complaint says that
the defendants commenced and per-
formed under the contract until Dec. 70,
and the plaintiff extensively and at
great expense advertised their appear
ance for a period of two weeks. ON
Sunday the defendants violated the
agreement and refused to fulfill the
terms of it and refused to perform
longer at the Casino or complete the
terms of the contract. 1t is further al
legged that yesterday the defendants en-
tered into a contract with the Imperial
theater and with Lienemann * Schmidt
proprietors of the California brewery
rival concerns of the plaintiff. and ii
the defendants are allowed to fulfill the
engagement at the Imperial and Cali
fornia the plaintiff will suffer $500
worth of damages. The appearance of
the defendants at the Imperial and Cali
fornia will materially injure the bust
ness Of the plaintiff for the week and as
the defendants are insolvent they are
unable to respond in damages. The
plaintiff claims it is already damaged in
the sum of $500 by reason of the vio-
aation of their contract by the defend
ants. The court was asked for an or
der enjoining the defendants from play
ing at the rival theaters of the plant
if during the term of the contract with
the Casino.
A bond on injunction in the sum of
James Boyer as sureties and Judge
Clancy issued the injunction about 8
o'clock last night and half an hour later
Under Sheriff Murphy served a copy
on Miss Mcguire, who had just com
pleted a turn at the California. 1t was
her last appearance Later service wss
also made on Albini. and the magician
gave expressions to many things in the
Hebrew language, but he did not give
his stage performance at either the Cal
ifornia or Imperial last night. Before
anything more can be done in the mat
ter the week will have expired and AL
bini and his wife will be at liberty to
renew their contracts.