The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-08-12
SUE
FOR $5OO,OOO
First Indemnity Claim Is Filed
in Actors War for Loss
of Shows.
INJUNCTION is GRANTED
Ten Theatres Closed to Date
by Strike-Thirteen Re-
main Open.
INJUNCTION is GRANTED

entered the legal phase, the Producing
Managers Association announcing that
it had started its threatened court ac-
ton. The Shuberts, it was stated.
filed suit in the United States District
Court here for an injunction and $780,
900 damages against the Actors Equity
Association collectively and nearly zoo
actors individually for being RESPONSE
BILE for the withdrawal of the Winter
Garden show, Monte Cristo. Jr.," and
the closing of the Schubert Gaieties Of
1919" at the Forty Fourth Street Thea
| tire.
| +. Ziegfeld, Jr., obtained a tempo
rary injunction against Francis Will
son, president of the Equity, and other
leaders of the actors, together with
Eddie Cantor and other prominent
members of the "Ziegfeld Follies" COM
1any. restraining them from interfer-
ing with the production Of this show
until the hearing of Mr.. Ziegfelds mo-
ton for a permanent injunction. which
comes up on Friday in the Supreme
Court
Other managers whose productions
| have been closed or impeded by the
strike held a meeting in the Hotel Astor
last night to lay plans for similar ac-
tions. These will be brought individually
by each of the managers for the thir-
| teen attractions which at one time or
another have been held up by the strike.
A representative of the managers said
that the damages sought in these suits
against the Equity and its prominent
members would easily exceed $4,000. 900.
Winter Garden Keeps Open.
Though the Shuberts' action was
brought for the suspension of Monte
Cristo, Jr.," the Winter Garden was not
closed last night. The current extrava-
ganza was withdrawn and a vaudeville
bill made up principally of performers
loaned by the Keith Circuit was substi-
tuted. The "Shubert Gaieties of 1919"
was withdrawn from the Forty-fourth
Street Theatre for at least two weeks.
Listen Lester reopened at the Knick-
! erbocker Theatre last night with a
, changed cast. making the number of
theatres still running thirteen. The
Red Dawn" ended its run last night but
| this was caused by its unfavorable re-
| ception and not by the strike, 30 that
the number OF show shops shut up by
the great walkout of talent is now ten.
The complaint of the Shuberts. which
Is In the hands of Bainbridge Colby and
| William Klein, their attorneys, alleges
conspiracy to prevent Winter Garden
and Forty-fourth Street performances on
! the part of Francis Wilson, president :
Bruce McRae. vice-president; Grant
! Stewart, recording secretary Richard A.
{ Purdy. treasurer Frank Gilmore, execu-
tive secretary. and members of the ox-
\ ecutive council of the Actors Equity As
ISOLATION, comprising Harry Mountford,
John w. Cope and Frank Mills. Also
named as defendants, in addition to
actors like Jefferson De Angels and Ed
ward Mordaunt. who have taken a
prominent part in the struggle, are ia
nous movie stars like Douglas Fair
banks, William s. Hart and Francis x.
Bushman. who have not been Intimately
| concerned with the strike. They are
| sued simply as we'll known members of
the Actors Equity Association.
English Actors Defendants.
| For the same reason J. Forbes Robert
son, the distinguished English actor, who
| has virtually retired from the stage.
and Cyril Maude. his we'll known com
patriot are named as defendants One
| OF the interesting sidelights of the list
of defendants is the name of Fred Niblo,
whose dead wife was a sister of George
NJ. Cohan. a leader with his partner.
Sam Harris, In the fight being made by
the Producing Managers Association in
support of the Shubert and Ziegfeld
suits.
One of the first steps announced in the
Shubert action. following the service of
the papers on the actors, which will be
| undertaken to-day, will be the attach
ment of bank accounts and property be-
| longing to actors. The intention made
known is "to compensate the managers
| for the losses sustained as a result of the
breaking of contracts and the closing OF
! theatres"
"Of course, II Francis Wilson, presi-
dent of the Actors Equity" the man
agerial statement runs, wishes to put
up a bond OF 100000 to guarantee the
managers in the event of verdicts for
damages. the individual actors may be
! able to retain control OF their property
and their bank accounts pending trial of
the suits"
Follow Danbury Hat Case.
The managers stated that the COM
plant, which Is signed by Lee Shubert
as vice-president OF the Winter Garden
company, follows the precedent and gen.
eral lines of the Danbury hatters' case
OF several years ago, when Judgment was
awarded against the striking hatters as
la n a
for alleged conspiracy and for preventing
others from working. The result OF that
action, which the present one parallels
was to cause many of the Individual
union members to lose their homes when
attachments were filed against them.
The court papers request permanen,
Injunction severally against the members
of the Actors Equity Association from
compelling any Of the plaintiffs en-
Continued on Fourth Pogs.