The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1906-01-09

IOuTtS@IhuS ALc DSCIaICS his ll'
tentions.
Especial to News and Observer.)
Durham, n. c., January 3.-The out
look now is that Rev. Thomas Dixon,
author Of the "C1ansman," will have to
go into the courts IL ne wishes to pre-
vent the staging of "In Reconstruction
Days." written by Thaddeus Breton,
who is now with the Corinne Runkel
Stock Company, which is playing at
the Academy of Music this week. Mr..
Breton has employed counsel, Mr.. r.
o. Eyerette, of this city, being re-
tanned, and he says that while the play
will not be put on here, az Manager
Burroughs, of the Academy will not
allow this, he will leave the Runkel
company and put out a company OF
his own for the purpose Of staging
Gin Reconstruction Days"
A night or so ago Mr.. Runkel au-
thorized the statement that he would
not put on the play here or elsewhere,
as he did not wish to have any trouble,
although he thought he has the right
to put on the play. This statement
did not suit Mr.. Breton very much,
and since then he has employed coun-
sci and will be prepared to fign the
case in court whenever a move is
made to prevent him putting on the
play. Through his attorney he sal
2 today that he would not sacrifice the
results Of his labors to the greed OF
Rev. Thomas Dixon or any other man.
In substance he said that the play
would be put on and if Rev. Mr.. Dixon
wanted to stop him he had his recourse
in law and that In injunction would
have to be secured against him to
stop him. He says that he never saw
the presentation of the "Clansman'
and that "In Reconstruction Days" is
his own version of several books cover
ing the reconstruction period, among
them being Rev. Dixon's books. He
stated that he spent quite a while,
some forty days, writing "In Recon-
struction Days" and that he proposes
to put on the play and enjoy some Oh
the fruits of his work.
Mr.. Everette was seen this Afternoon
and he gave out a statement regard
ing Mr.. Breton's contentious and the
attitude he will take. The statement
was as follows:
"The United States statute has no
relation t. the play entitled "In Re-
construction Days." written by Mr..
Thaddeus Breton and presented by the
Corinne Runkel Stock Company in
Raleigh and other towns of the state
with such great success. That statute
only has reference to persons perform
ing or representing any dramatic or
musical composition for which a copy
right has ben obtained without the
consent of the proprietor or assigns.
This cannot be the case here" contin-
ued the lawyer, "for Mr.. Breton has
never read the dramatiZed version OF
the 'Clansman' nor seen it's presenta-
ton; but has written a play based on
information cleaned from the popular
books, among others the Clansman,
which took on that period of our his.
try, the reconstruction, which fill sc
large d place in current literature. The
only thing for which Mr.. Breton cOulC
be answerable to the author OF thf
tClansman would be the dramatiza,
rion of his book, If this could be shown
"a paftry indiscretion compared te
the pirating of a copyrighted drama
and even in this he would be equally
amenable to Thomas Nelson Page fol
writing a play which covered the SAME
D0TIOu DIS ncu IpOCh III q uoSC -
others who have employed the sam
theme.
1.-The 'Clansman' and In Reconstruc'
ton Days cover the same period
continued Mr.. E~verette, land even j
the writer Of the latter had gotter
the suggestion from the novel thu
fClansman' he would not be guilty OF {
violation of the copyright laws, for i
was decided in Chatterton VS.. Cave
that the taking of an idea or genera
scheme was not such as to constitute
a violation and this Is all that has
been done. 1t is we'll known tina
there are cycles in literature and a
different periods we are for the t1m'
being deluged in a certain c1ass-a
n time war stories, then of the West
and now of the reconstruction periot
and it would be a vain hope for tn
author of the Clansman to monopol1z'
this broad and alluring field Tor nj
own exploitation as it has been IN
cnaoa beneath the 1ime-1ightS."