The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-08-16
ACTORS T0GET
NEW CONTRACT
LIKE EQUITY'S
Sothern's Neutral Delega-
tiOn Patches Up Truce
With Managers.
ARBITRATION IN SIGHT
Untermyer, Who Owns Half Of
Two Theatres, Sides With
Players Demands.
ARBITRATION IN SIGHT

/ Following "a peace mission. under
taken by E. H. sothern's trained band
Of mediators the way was paved yes
terday for break in the deadlock that
has been turning Broadway for a week
into a theatrical No Mans Land.
The Producing Managers Associa-
ton, following a conference with Mr..
Sothern's armistice commission. which
disclaimed official connection with
either side, decided to offer to the
striking actors a contract modelled on
the lines of the Equity instrument. 1t
was not to be called, however, the con-
tract of the Actors Equity Associa-
ton, which Samuel Untermyer. ap-
pointed chief counsel yesterday for the
Equity. had declared the actors were
justified in breaking during the strike
because the managers repudiated the
arbitration clause. The managers re-
solved yesterday to offer the olive
branch OF arbitration with board
which it was possible for the Equity to
help choose.
Though no formal statement was lis
sued by the p. NJ. A. Immediately after
the conference. Arthur Hopkins. who has
acted as herald for the managers in
many past statements said that an
agreement had been reached In offering
TO individual actors" a contract grant
ing an eight performance week. with
, extra performances paid for pro rata
Also. Mr.. Hopkins said. the manager:
were willing to submit other question,
to arbitration by a joint board, who
would choose a neutral umpire, eaci
side selecting Its own representatives.
Only for "Actors Ont of Work."
We're not Offering this contract u
striking actors" said Mr.. Hopkins, "bu
| 10 actors who are out OF work"
! Would II be possible for the Equity
to choose the actors representatives OF
the arbitration board?" he was asked by
one ot the publicity pundits.
While l can't speak authoritstivel!
for the other managers" Mr.. Hopkins
/ said. 1T is my personal opinion that
think they would leave that matter open
We haven't so far decided, but til,
Equity might possibly choose the actor
| on the board. We shouldn't mind. 81
long as the arbitrators were chosen"
Would you recognize the Equity?"
| NO, we should not recognize It." !
later statement omitted the offer of ar
bitration.
Mr.. Untermyer accepted the position
OF head Of the Equity's legal talent in
letter in which he upheld the stand o
the players and denounced that OF tn
managers. although he stated he ha,
large property interests in several of tn
theatres darkened by the strike.
! Untermyer Theatre owner.
Mr.. Untermyer wrote in part:
Although I personally own and rep
res ent a one-half interest in the Shuber
and Booth theatre properties, which ar
leased to Messrs. Shubert and Ames re
! spectively, To my mind there can be bu
! one answer to the issue thus raised
| The gentlemen constituting the Produc
Ing Managers Association seem TO me l.
DO about a quarter OF a century behin
| the times. If they expect TO satisfy IN
public that while they may combine I
their hearts content. the actors shall b
deprived Of the protection of collectiv
| bargaining in settling the forms OF thei
contracts, they are mistaken. If the
can succeed in such an undertaking III
olden days OF intolerable oppresslo
amounting to quasi-sla very to which tn
ACTOR was subjected on the part Of tn
manager, and the 'cutthroat form q
contract which was so often denounce
by the courts. and which is so repugnan
to the elementary instincts OF commo
justice, might be reinstated.
II am told that the ground on whic
the managers association has determine
to encompass the destruction OF tn
Actors Equity Association is that tn
latter has brought about the breach {
existing contracts for the purpose {
enforcing the right TO more just forI
OF agreement for the future.
The actors association invokes al
ticle IS Of the contract, being the claus
providing for arbitration, and asks fc
the arbitration OF all outstanding que.
tons. including the question OF wheths
its members are justified In refusing I
continue under existing contracts, bl
the producers refuse to listen to arb
tration. Such a position in these daS
Is, to my mind. arrogant and unjustife,
especially as the arbitration clause
the contract expressly and significant
provides that:
I'm the event of any dispute be-
tween the parties, i. e., between the
manager and the actor, (1) as to any
matter or thing covered by the con-
tract (2) as 10 the meaning OF the
contract or it's application to any
state of facts which may Arise-then
said dispute or claim shall be arbi-
nated.'
"Construing the present form of co,
tract as / do, there is. In my judgmen
, no moral or legal justification for Il