The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-04-12
50 THEATRES TRUCTDOUlD.
CONTRACT IN COURT-ONE STILL
HARDER, BELASCO THINKS.


Two-thirds Of "AuetIOnecF' Fronts
10 MaW 4 ErianGer-CanT Ten VIM.
What Abe Gruber declares 10 be a true
oopy Of the secret contract between the
members OF the theatrical syndicate or
trust was produced IN evidence yesterday
In the trial, before Supreme Court Justice
Fitzgerald Of the suit and countersuit
between David Belasco and Joseph Brooks,
who represents KlaW 4 Erlanger, over the
profits Of The Auctioneer.' Belasco and
his counsel, Samuel Untermyer, seemed
pleased when GTuber produced the docu-
ment, but afterward Belasco declared that
he had reason 10 believe that there was
another and far more binding and interest
ing contract behind the one offered In evil
denoe.
The contract produced contains a pre-
amble and ten clauses. II binds the mem-
bers Al HAyman, Charles Frohman Marc
Klaw, Abraham L. Erlanger and Nixon 4
zimmerman Of Philadelphia, 10 form a close
corporation Of all the theatres which they
control, that Is, It Is said, all the first class
theatres, with very few exceptions,
throughout the country, and not 10 allow
outsiders TO use their theatres when tour
ing except by the consent Of all parties
and on such terms as they may see fit to
impose. In Belasco's case the terms, ao-
oording 10 Belasco, were half the profits
and none Of the expenses.
The contract, produced in court. is dated
April Il, 1900, and Is made by Hayman.
Frohman and Klaw 4 Granger Of the FIRST
part, and Nixon 4 Zimmerman Of the
second part Itsets forth that the theatre
cal business as then conducted has re-
suited in great Losses from indiscrtminate
bookings, in consequence Of which SINH
lar attractions Of the FIRST class repeatedly
oppose each other In the same point and
thereby injure the other by causing the
playgoing public to choose between them.
Then it goes on TO say that, unless tours
are arranged In as nearly a direct line as
possible. needless expense for transporta-
ton results.
To guard against the repetition Of such
losses the contract 10 made to hold good
Eve years beginning Aug. 81, 1901.
The second clause enumerates thirty
three theatres in the principal cities,
New York. Boston, Baltimore, Philadel-
phia, Providence, Washington, st. Louis,
Denver, Pittsburg, Cleveland, Chicago.
indianapolis, San Francisco. New Orleans,
Dayton, Buffalo, Omaha, Louisville, Toledo,
Columbus and Toronto, which the sub
scribers either controlled or leased at the
time q the signing Of the contract. Its pro-
vided that these theatres, and any others
that the subscr bers might thereafter
acquire the control Of, shall be booked with
attractions IN conjunction with each other;
that . to say no attractions shall be booked
in any Of the said theatres OF places Of
amusement which will insist on playing in
an opposition theatre OF place Of amusement
In any Of the cities ramed unless the party
hereto having the theatre OF place Of aFnuse-
went in said competitive point shall give
consent In writing 70 permit said attraction
10 play in the opposition theatre or place Of
amusement
The contracting parties agree to play the
attractions which they own in the theatres
or places Of amusement mentioned in the
cities in which these theatres or places OF
amusement are located. II is understood
and agreed that the respective parties
can only play any Of their attractions in
any opposition theatre OF place Of amuse-
ment n they obtain the written consent
OF the party to the contract having theatre
or place OF amusement in the competitive
point.
This Is the fourth clause:
The parties hereto. in consideration OF
aforesaid, also leIeDl TeH ptCllNely covenant
and agree TO and with each other TO pool
all profits and other income that they may
derive from the theatres mentioned in clause
and such other theatres as may herea fter
be acquired under the terms Of this agree
ment.
The division Of profits is thus arranged:
Al Hayman. Charles Frohman, Marc Klaw
and A. l. Erlanger, OF parties OF the first part,
income, and Samuel +. NirdlinReT and J.
Fred Zimmerman % per cent. Of said profit
or income, II being distinctly undeTA TODD and
agreed that for and In consideration Of the
IS per cent 20 be paid 20 Nixon thinner
man under the terms Of this agreement the
said Nixon a Zimmerman hereby contract
and bind themselves 20 pay unto the parties
Of this contract, and be made part OF the
following so per cent. Of the net yearly
profits OF the Alvin Theatre, PittsburE. dur
Ing the term Of this contract, and 50 is per
sse r Ees the nc ehetnut
Street Opera House Philadelphia; Chestnut
Street Theatre, Philadelphis. and 50 I-s per
Of Music Of Baltimore during the term Of
this sEeement--the above theatres being
contributed 70 this pool by the said Nixon
The remaining clauses provide for a
specific arrangement with Nixon a Zim-
norman In connection with the other
theatres controlled by that firm, and for
the keeping Of books and other techni-
calities. Settlements are 70 be made,
under the contract, on July every year.
An contracts for bookings are put in charge
Of Klaw a ETanger
Mr.. Gruber tried hard 10 keep the contract
out Of the record, but failed. Marc Kaw
produced IL, having promised 70 do 30 II
possible, when he was on the witness stand
the night before.
Al the opening Of court Gruber tried 10
make capital out Of the threat by Belasco,
At the close Of Mondays session. that he
would yet land Klaw and ETanRer n Jail
for conspiracy. Justice Fitzgerald refused
10 take serious consideration Of the incident,
Il having happened after the adjournment.
Nixon, Of Nixon a Zimmerman, was the
first witness. His real name Il Samuel F.
Nirdlinger and he had already admitted
having signed the syndicRte agreement.
He testified. when confronted with letters
that he had written 10 BENJAMIN F. Roeder,
Beasco's business manager, that he knew
Belasco was playing In opposition theatres
At the same time that The Auctioneers
was appearing In syndicate thea tres.
Nixon urged Roeder 10 keep this fact secret,
a. the New York members Of the syndicate
would feel very much put out II they learned
Of Il.
Joseph Brooks was the next witness.
Il was In his name that the contract Of
partne rship In the profits Of The Auc-
toneerH was signed, but Belasco has teeti-