The Washington times., 1919-12-14

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NJ Massenet died he tied up his
famous opera "CIeopatraH with a
strange stipulation in his wili--thst the
magnificent title role OF the opera should
be sung only by the composers dear
friend, Miss Lucy Arbell And this sentt
mental whim Of the dying composer has
haunted this opera ever since-as II Mas
seuet's ghost reached out from his grave
70 sealously safeguard the interests OF the
woman he loved 50 dearly.
And thus It happened that Mary Garden
came face to face with this spectral for
htdatns hand of the great composer when
she attempted 70 sing Cleopatra a few
weeks $50 IN Paris The French courts
were appealed to for an injunction TO for.
BID. her to sing the role Of the enchantress
Of the Nile, because Massenet had so d.
rected in his viii
Already the same plea had been made
C, another court and an injunction had
. been issued IN Monte Carlo some years ago
fDrblddinE Nine. Marie Kousnezof, the
Russian prima donna, to appear as Cleo
patra. Miss Arbell brought the legal pro
ceedings at that time and secured her In
Junction
Everything was ready at the Monte
Carlo Opera House. The company had
been assembled and the costumes had
been prepared with great magnifcence.
The charming and very pretty Russian
singer was an exquisite figure in the role
OF the Siren Of the Nile. The programmes
had been printed and the tickets had been
sold
Upder these circumstances the court
which issued the injunction decided that
the performance might go on provided the
managers OF the opera furnish a generous
bond to satisfy any damages which their
production Of the opera might do to Lucy
Arbefl and her claims under the win of the
dead composer.
The opera was produced. Lucy ArbeII
hought suit against the executors Of the
Massenet estate because they had author.
lied the production Of the opera contrary
to the terms Of the will and had received
the royalties from the productions. 1t was
an Interesting suit and Lucy Arbell won
verdict OF $1,000, which has been ap-
pealed by the administrators of the estate.
When, the other day, Mary Garden was
billed in the title role OF this magnificent
opera IN Paris Lucy Afbell began once
more TO put in motion the same legal ma
ehfnery which she had invoked in the
courts at Monte Carlo to restrain the beau
tiful Russian prima donna
But the French courts took rather diff
ferent view, a rather broader view than
the courts of Monte Carlo Considering
all the facts In the situation, the French
eossts declined 10 grant an Injunction be-
cause II would shut out from the public a
meritorious presentation of a great must.
csf;swork OF art interpreted by one Of the
foremost musical artistes of the day.
Niriie 1t was true, the court argued, that
literal Interpretation of the dead CON-
poser's wishes would undoubtedly forbid
this presentation Of Massenet's CLEOPATRA
unless Lucy Arbeil sang the leading part
yet there we're other and broader consider.
atoms than the sentimental whim of the
old composer
And what actual damage would be done
by not interfering with Mary Gardens ap-
pearance In the title roie7 Since Mas
senet himself had passed to the world be-
yopd. no actual physical or mental suffer-
ing would come to him. Since the pro-.
ducers OF the opera would pay the cus-
tomary royalties to the estate OF Massenet
then no financial loss or injury would
come TO Massenet's heirs. And since Mas
senet's immediate family were willing to