New-York tribune., 1919-08-26
Judge Hcndrick Declares
Theatre picketins Must
End; Orders Association
TO Stop Urging Wa'l>omts
Too Late, Union Men Sav
Fidelity. Rival Organization.
Decides to Open Nego,ia.
tions With tho Managers

Justice Tcter A. Hend.ck, of the
Supreme Court. announced Yesterday
that he would sign injunctions to-mor-
row preventing the Actors Equity AS
sociation or individual members from
interfering With The rcopenins of thea
tres in New York that have been
closed by the strike OF actors.
Representatives. of the Actors Equity
Association said later The injunctors S
would be respected to the letter. But
they added that the theatres would
remain closed without further inter
ference from their organization or its
members.
"Thc theatres are closed said Paul
Turner. counsel for the Equity. "a
man can't be enjoined from killing q
man after that man is dead. Or. ii he
is enjoined, i. is rather futile. We
certainly intend to respect these in
functions absolutely. We do not be-
lieve this legal victory OF the managers
will have the slightest effect on the
success OF Inc strike. The theatres
are closed"
Justice HendricA mad. MS announcc-
ment in chambers. Tho Producing 3
Managers Association was Represented
by Nathan B-rhan, William Klein,
David Gerber, SainbriGgo Colby,
Charles II. Tuttic and several others.
The Actors LQuity was represented BY
Justus Sheffield and several attorneys
representing individual officers Of the
association.
Contrary 10 expectations, George NJ.
Cohan has no. resigned from, the Pro
ducins Managers Assol.2 ion. In
s.eaa h. h4s ser. e, - LOUIS
Nam. s-aying tina he vasa ready to
tender MS resignation TO 1nc managers.
This means that Nj. Conan viii not
assrnr the presidency .: the newy
formed Actors Fidelity league just
yet He closed his letter to M Mann
with tho statement: please believe
that ] hope to be with you soon.~
Contracts Called Valid
In making his announcement Justice
Hsn5ricA sai6:
Tho plaintiffs allecr as their
Ercnrd FOR seeking permanent injunc-
tio,s acains. the individual zc1oys ard
tre Iq1iiy association .hse irdjyi6ua !
contracts between employers ard en-
plnTsH have hecr brotrza ~ shr Ia.
ter. 1ha contracts entered ia4n hetoYs
thls trouble began arr 7ai.d and IN
forre
The plaintiffs seek inJuno1ions 10
rrst-sin the deferda MS fccJa hreakins
cnn -rects now in cxis4encx, cher by
thrzats. intimidatioa & pzz1.s;o:7.
The obisrt O tne breaking o. the
contracts is alleged ia me afsj
dsvits to hc to compel the n4sr
aeers to recognize 4nc .Acerfs' Equie-
Assccia fioH ana TO bar RI ttYor-a i.
I hls conirar1 breaking IS thc nas.e O.
tne strike. Orc furdamental fs.:t is
spparens, that the p4r5~ interfering bc :
tween the contractt.4l parsios is nos a
parry 10 thn con.Tac. TIA i: tag
allegation, ard. j. llA- :5 70 ine.a :
mo question O thc iir.1Liir o. tbc.
action o tns &rtors and u. Acto-s'
xQnlty AAsocia ation- Aouncfs. in anv
OF the papers before rna Is !hcfe claim
that ths managers y;ola-ec their COZ
frarruaI 1elaNons- aas is before me
Is Proof thai legal contracts have been
brehrhen--Srohen-b3 the scsp7s
Says Public HaA Rights
he rignI Of inc managers 10 run
the tnzz t-ea Is 4 p7opa~. rirn. and
The Jlg- O. In. npbic 50 attend mus
nol ba inrerferod with. Such INFER
ference 9airh leeds 10 destruction O.
forrn ssi9> applied u the buildings of
the tnoa1fe.. has been decided line
and aga iIoln tas Sprieme Co1rl ~
the In ID S-a-ss loNu through tnc
courts - tae r1a .ss ta4. 1on hzrr a
rleht l.. a-aa tose1hes IN improve
tnsir o. colclVlons- bue rhe courts
hav-2 aao decided thu. men cannot be
compelled 10 Join union it they do
uot wish to dp So
"Tbe law go has provided tina. an
eTuploye cannot br forced to work for
an employer Yop cannot compel an
actor 10 acI ii he doesn'. want to act
ne at1crs have a pe7fec. right to
tor-n union fo7 promoting heir wei
fare generst.lv o a. indlv idnals. The5-
havs peTfec lecal rich, 10 irase con
ditlons for taeir own cmplovmen and
'nclT ow0 hcttelment. II the Acsors
LGuNt Association connres 3'x. rr
mag rurpose. II has perfect lawful
ano lesltlmatc right to do so. AID that
rgnt VIII be upheld by every law
ABIDING and rght-minded citizen. He
may make any contract he sess TT TO
make and name HIS own conditions.
nu- contracts already in existence must
be lived up to. Violation Of, the ex-
,stlnE contracts Is illegal and uplav-
I'll is Illegal to say tha. there is .
higher moral obligation 70 the fellow
actor than 10 the sanctitv o. con-
tract Srch heiief is un- American
AND opposed 70 ail our IDEAS o. righ.
ana justice i ANARCHY Il i. ap-
pe7tS for violation or 4hs law
IN reply II Suggestions tao ;us ,cs
sald the managers had a ,egal remedy
w sung Tor breach of cont1acs and
actors had similar right N case
their rights we're interferred vith. He
also pointed out, in reply to suc-
gesflon from Mr. Klein. thar while an
employe could not he compelled 10
work for man if he did not wish
to, he could be prevented from work
ing for another person il Working
contract existed with the frst per
son.
Seven Houses Affected
The inlunctions apply specifically to
s~ven theatres. the FRS, 70 be closed hv
the actors strike, but the ruling Tor
the preseu'. II is understood Will 10
Treated e arolvirr n 81 tner+res ST
az remE,n opsn NJ reopen will MOI bs