The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1902-06-22
Mansfield's Consent Liz
ened TO Wrong Mother
in Solomon Baby Case.

subtersuge. And here we get at the true
inwardness of the Chicago suit. In the
beginning of his business relations with
NJ. Rostand, he played the part of DIR.
Jekyl Now he has assumed the role of
Mr.. Hyde, posing in his ugliest attitude.
Stop a moment and think of his incon-
sistency.
He started In the magnanimouS position
that despite the fact that M. Rostand s
dramatic rights were not protected by
American law, he would treat with the
playwright just as though "Cyrano"
were properly copyrighted. The trans
actions were made directly through Miss
Elizabeth Marbury, agent for the Societe
DIES Auteurs Dramatiques. He was to
get not alone the full manuscript, but
also the acting copy giving the mise en-
scene. properties. costumes, bus mess
etc. BY the terms of his written con-
tract he was TO pay the author five. PEI
cent of the gross receipts on 5000 each
seek. ten per cent on all ABOVE $4,000
There was no concealment of the facts,
and one clause of the agreement men,
toned specifically the failure to obtain a
copyright. Mr.. Mansfield, however, knew
that Mr.. Rostand's "Cyrano" had made
the sensation of a generation in Paris
and he wished to make the only author
lied production here. which his letters to
Miss Marbury demonstrate. His finan-
cial success was great, but he appealed
for reduction in royalties OH the ground
of his great expense, and of the compe-
tition created by unauthorized versions
He thought that NJ. Rostand. as a chiv-
alrou5 man, would be lenient, and he
was not mist aiken. The rate was made
five per cent. all the way through-a
handsome and unnecessary gift to Mr.
Mansfield.
Then came the turning point Mr..
al e. H.
tempted to excuse himself on the plea
that Augustan Daily and others were
producing other versions of "Cyrano,"
without paying royalties. That was true
enough. but he had known from the
start that this would be the case, and he
had bound himself by contract TO pay,
irrespective OF the action of others. He
was reaping a harvest for himself, repu-
dating the brains that mad "Cyrano"
possible,
The sum due by Mr.. Mansfield for roy
alties became enormous, approximating
$4,000. and in NJ. Rostands behalf
brought suit against him in the New
York Supreme Court for an accounting
His answer was substantially a repudia-
ton of his own contract, boNide setting
up as q separate defence the fact that
Mr.. Gross had sued him, claiming in
fringement and plagiarism. He must
have been of the impression that 1t
would help him in his own litigation to
permit Mr.. Gross to succeed in his action
for an injunction. so that 1t would ap-
pear upon the face that the court held
that "Cyrano"' was plagiarism. In
view of the proceedings in Chicago. there
was nothing for the court to do but to
sign the order submitted by consent of
Mnnsfield's lawyer and Gross's lawyer.
Judge Kohlsaat wittily summed up the
situation when he said: "A reason that
may have influenced Mr.. Mansfield In
his consent was possibly like that Of the
wrong mother in King Solomon's baby
case-it was not Mr.. Mansfield's baby
that was to be cut in two" The tudg-
ment entered IN Chicago was solely
against Mr. Mansfield. not contested-on
the contrary-with his absolute consent.
and NJ. Rostand is affected only to the
extent that there is any popular misap-
prehension of the facts.
NJ. Rostand did not plagtarize "Cyrano"
and no competent person or court has
decided that he did, despite Mr.. Mans
fields ruse. The trial of Rostand's suit
Courts. will develop the truth of this
certainty.