Chapter 3: "Where Do I Write?"

Gertrude, Shirley and George Temple at Fox Film signing her contract (December 21, 1933)

Shirley’s budding acting career persisted into 1933 as she continued to appear in shorts and had small roles in full-length films, however nothing could prepare her or her parents for the dramatic shift that would change the trajectory of her life: on September 28, 1933, Jack Hays filed for personal bankruptcy.  Since Hays did not declare Shirley’s contract as part of his assets, George (Shirley’s father) utilized his banking connections to purchase the contract from Hays’ attorney for $25. (equivalent in June 2026 to $632, a lot to spend during the Great Depression!)  Even though George was unable to gain physical possession of the contract, he sent a letter to Hays on October 25 confirming his ownership of the contract. (this will lead to complex legal issues later)

In late 1933, Shirley and Gertrude attended a preview of one of the short films she made for Educational Pictures when Jay Gorley, a newly hired songwriter at Fox Film, recognized Shirley from the film and asked to speak with Gertrude.  On December 7, Gertrude took Shirley to the studios at Fox for an audition; the audition led Shirley to be cast in a bit role in Stand Up and Cheer! after the studio decided the other actor chosen for the part was “… a revolting little monster.” (Temple, 33)

Shirley’s performance captivated the studio enough that a meeting was set up with Winfield Sheehan (one of the execs), who offered her a long-term contract with Fox: “The same $150 per week for a year, then an option for seven years.” (Temple, 36)  Gertrude was also offered a supplementary contract for $25 a week to provide support for Shirley. (i.e. driving her to the studio, making/mending costumes, assisting with lines, etc.)  The contract was formally signed by Gertude and George on December 21, 1933. (Shirley insisted on signing her contract, however because she did not yet know how to write, she wrote an X on an empty line)  Two weeks later, Shirley once again had to appear in court for the contract to be validated.  In early 1934, Fox announced Shirley’s contract signing, however it was noted that Shirley was only four years old instead of five (a common studio practice at the time; this information will become of vital importance when a significant event occurs in Shirley’s life in five years’ time…)

Shortly after her contract signing, Shirley was enrolled at the Elisa Ryan School of Dancing to continue building her skills.  She would continue to appear in film, co-starring in Baby Take a Bow, based on the song from her performance in Stand Up and Cheer.  She earned her first starring role in Little Miss Marker playing Marthy “Marky” Jane, a girl who is given as collateral to a group of gangsters who end up with her after her father takes his own life due to losing big on a horse; the film was a massive hit, and her performance praised.  The following excerpt is from Washington Post film critic Nelson Bell: “’…poised and completely captivating… remarkable brightness of feature… vivacity of spirit.’” (Temple, 50)

Little Miss Marker finally brought Shirley’s charisma to the masses… and the beginning of her attempt to brighten a world on the brink of further death and destruction…