The daily morning journal and courier., 1907-02-01
INDICTMENT AGAINST
 THE THEATRICAL TRUST
COMBINE ACCUSED OF CON- SPIRAOY IN RESTRAINT
 OF TRADE

It's Efforts to Prevent Certain Theatri-
 Other Than Independent Theaters-
 When Organized the Trust Controlled
 Fifty Houses Now it Has Over Five
 Hundred--Bernhardt Case is Given as
 an Instance of the Evil.
 New York, Jan. 31.-The grand jury this afternoon filed an indictment for conspiracy in restraint of trade'' against what is commonly known as the "Theatrical Trust composed of Nixon & Zimmerman, with offices in New York and Philadelphia; Klaw & Erlanger, Charles Frohman, and Al Hayman.
 Seventy typewriter pages of indict- ment were handed to Judge Foster in general sessions at 1 o'clock. Alfred Lauterbach, of counsel for the defend ants, was in court and at once com- municated with his clients, instructing them to be in court this afternoon to give bail. Messrs. Frohman and Hay man are now in Europe, the latter hav- ing sailed, it is said, only last week. The charge against the indicted man. agers is a misdemeanor.
 The indictment sets forth in detail the acts of the so-ealled trust and it's efforts to prevent certain theatrical enterprises from playing in any other than independent theaters. Some or the witnesses before the grand jury testified that in certain eases the "Trust" compelled them t0 make con- tracts for booking, charging 39 1-3 per cent. of the net receipts. In addition to this the company was to get from 50 to 60 per cent and sometimes more of the receipts, leaving the house the balance.
 Tn 1896, when the so-called Trust was organized, it controlled fifty theaters. To-day 1t controls more than five hundred of the six hundred most prominent theaters in the coun- try. It is charged that these con tracts between the theaters and the members of the Trust" there was a conspiracy in restraint of trade.
 JAS an instance nf the evil of the Trust the case of Sarah Bernhardt is cited. when she came to this coun- try in 1905 she was forced to play in independent houses through the coun- trv and in some cities where she could not get theaters she was forced to play under tents. At that time she said, according to the indictment, that if necessary she would gladly come to this country and prose cute the men who forced her to this inconvenience. District Attorney Jerome has her promise to come here, if necessary, but does not think he will have to call on her for her testimony.
 Another instance of the Trust agreement is cited in the case of May Irwin and her play, entitled Mrs. Black is Back" She was unable to get booked for the Providence Opera house without going through the me | dium of the so-called Trust The members of the alleged Trust" affect ed by the indictment are: Abraham Frlanger, Marc KlaW, Samuel F, Nix on, J. Fred Zimmerman, Charles F,rohman and Al. Hayman.
 Abraham Erlanger and Marc Klaw appeared in court and were admitted to bail in the sum of %,0O0 each. Bail was furnished by Timothy D. Sullivan | Pleading to the indictments was put over for one week. Samuel F. Nixon l and J. Fred Zimmerman are said to be in Philadelphia.
 The following statement was issued at the office of Al Hayman, repre- senting Klaw & Erlanger:
 "We are not surprised at this indict- ment. as it has been street and table talk for over a year. The malice and motive which inspired it are tales foI another telling and will be the subject of wonderment to the uninitiated.
 "Every business institution which develops to large proportions is in dan ger of being denominated a 'Truts; and an indictment for being a mem. Der of q Trust seems to be the badge of success pinned on successful busi' ness men by their unsuccessful com l petitors.
 "It will not be long, in this fair land before every successful business mar will be indicted for being a member of a Trust. The stigma which used to go with an indictment has been en- tirely eliminated by proceedings such | az these."