The daily morning journal and courier., 1907-06-22
THEATRICAL TRUST DECLARED LEGAL. Management of a Theater a
 Private, Not a Pub
 lie Business. INDICTMENTS QUAsHRD A Decision Earl Reaching in Its Effect on Public
 Entertainments.

i New York June 20.--Under . aac,s,o,
 made by Judge Rosalsky in general
 sessions the so-caled theatricaI trust is not a combination in restraint <, trade, and he dismissed the indictments
 for conspiracy against Marc Klaw and
 Abe Erlanger.
 Al Hayman, Charles Frohnan and
 Nixon & Zimmerman were indicted
 with them, but their cases were not considered as they have not been ar.
 rested There is no appeal from the de.
 cision, which will undoubtedly hold in 1 the other cases.
 The indictments were found on testi.
 mony by David Belasco, Lee shubert
 and some out of town managers thai
 the defendants had 'unlawfully created and maintained monopoly and engag. ed to prevent others by force. threats and intimidation from exercising a law. full trade" It was also charged that they had formed an obnoxious agree- ment'' in restraint of trade and com merce and that threats had been made by the trust to intimidate owners of theaters not to book plays controlled by Belasco and Shubert.
 The decision goes over the evidence presented to the grand jury relating to the contracts between the trust and out of town theaters and the threats to in- tinddate theater owners The decision says:
 The testimony given before the grand jury clearly shows that instead of Be- lasoo and ,Shubert being prevented from exercising lawful trade or calling. they. on the contrary, were able to own. lease and control theaters and produce plays, and that Shubert also conducted booking agency.
 The defendants were engaged in private business and hence were not obliged to aid 8 business rival by per. rnltting him to use their private prem- ises. They had the undoubted right to book or refuse toybook any production that they saw fit and to maintain and close any of their theaters at their op- ton.
 There was mo motive on the part of the defendants to injure Belasco, Shu- bert or any other person; their motive was to promote their own business and to refuse toS do business with persons whC should sproduce attractions with their rivals.
 In the light of the Photographers deflitlon of trade, commerce, plays and theaters and of the decisions quot ed, it seems to me- that plays and en- tertalnments of the stage are not arti- cles or useful commodities of common use, that leasing and controlling thea tres and producing plays therein Is not trade, and that therefore the defend- ants did not commit acts injurious to trade or commerce.
 Edward L.auterbach, counsel for Klaw &. Erlanger, argued that the were started for spite by Belasco and Shubert, whose business interests were opposed to the syndi- cate Since then Shuhert has joined forces with the syndicate, but Belasco is outside of the breastworlzs. A num- Der of points were raised by Mir. Lau- terbach, but Judge Rosalsizy held that "slnce I have come to the conclusion that the evidence fails to show that any crime has been. committed by the de- fendants under the indictments it is to determine the other questions raised by the defendants"