The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-02-01
BERNHARDT CAUSED IT
She Is Mainly Responsible for Indict-
ment of Theater Trust.

New York, Feb. lit was largely
because OF it's alleged unfair treatment
of Sarah Bernhardt that the Theatrl-
cal trust. composed of Nixon & SIM
norman. Klaw & Granger, Charles
Frohman and Al Haymen, was 1ndlcteo
for alleged conspiracy in restraint Oh
trade. Nine. Bernhardts grievance
is that she could not get trust thea
play under tents She offered to come
here and aid in prosecution OF the
trust.
Frohman and Hayman are now IN
Enrope, the latter having sallea i ron
this side only last week. The no1ct-
n1ent sets forth in detail the acts OF
the so-called trust and its enorts 70
prevent certain theatrical enterprises
from playing in any other than lhoe-
pendent theaters.
Some of the witnesses before the
grand jury testified that in certain
cases the trust company compelIeu
them to make contracts with the trust
to do the booking, charging 50 70 per
cent of the net receipts for. the DOCK
ing. In addition to this the company
was to get from so to 60 per cent, ana
sometimes more of the receipts, leaV-
Ing, the house the balance.
The; indictment shows that IN 1850
when the so-called trust was organized.
1t controlled fifty theaters. Today IL
controls more than 500 of the 500 more
prominent theaters in the country IL
It charged that in these contracts De
tween the theaters and the members OF
the trust there was conspiracy IN re-
straint of trade.
AS an instance of the evil OF the trust
the case of Sarah Bernhard is clteo.
When she came to this country IN 1SOo
she wassforced to play in independent
houses through the country ana III
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 ana
prosecute the men who forced her TO
this Inconvenience. The district attor-
ney, w. T. jerome. has her promise &c
come here if necessary.
Another instance of the trust agree
ment is cited in the case of May irwin
and her show entitled Mrs. BLACK Is
Back" She was unable to get bookeo
without going through the medium of
the trust. This put her to much trou-
BILE.
The following statement was issued
from the office of AL Hayman, Klaw &
Granger today:
I'VE 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 for
another telling and will be the subject
of wonderment to the uninit1ated II
anyone doubts the Generalization of
need only notice the freedom with
which grand jury proceedings are
published daily. Certainly witnesses
and grand jurors themselves would
not talk about what happened in the
grand jury room.
Every business institution which
develops to large business is in danger
of being called trust and indictment
for being a member of a trust seems to
be the badge of success pinned on
successful business man by their UNI
successful competitors. 1t will not be
long in this fair land before every sue
cessfuI business man will be indicted
fDr being a member OF, a trust The
stigma. which used to go with an IN
dictment has been entirely eliminated
by proceedings such as these"
Bail for Abraham Erlanger and
Marc Klaw in $1,000 each was fur
nished by Congressman big Tim
Sullivan before Judge Foster. Sulli-
van gave as security for the future
appearance of the two indicted theat-
rical magnates the Dewey theater in
East Fourteenth street. which, he
said, was worth 100000. Pleading to
the indictment was put over for one
week.