Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-06-01

reward for one weeks work by q lady
who never had q public performance
of any composition" and 1t is not re-
markable that soon afterward she
threatened to sue Horace Liveright
Theodore Dresser and Patrick Kearney
for having infringed on another of her
plays in AN American Tragedy"
Few If any of these claimants have
ever had anything published or pro-
duced. Their chances of recognition
and profit are not in the theater, but in
court. Unless some one robS them they
are lost Apparently the most avid pla-
giarist finds nothing worth stealing in
the works of established authors, who
rarely If ever bring an action of this
sort. The stuff that temptS strong men
and noted writer's beyond their endur-
ance Is that which gets its hearing at
the bar of justice and nowhere else
Indeed. production or publication would
seem to be the worst misfortune that
could befall the average creator of
these treasure troveS. When David Be-
laSco gave single matinee of Tainted
Philanthropy" at the BelaSco Theater
to demonstrate that 1t was not crimi-
nally like William De Miles The
Woman" the historical hilarity of the
audience constituted an opinion from
which there could be no possible appeal
Eleven Years without n Sale.
The stagehand who wrote Soldiers
of the Common Good" and afterward
asked something like 100000 Of me
for using his material IN The Fool
had had IL years TO sell his play before
the production of mine provided diff
ferent opportunity. The plaintiff was
student of the Bible" his brief tells
us. land, having been born on Christ
It tKNta to- 8 IA
was intensified"
This interest resulted in a second
act in which hero identified with the
Saviour by having been named Jesse
Christy is discovered In "a brothel.'
A former rival accuses him of trying
TO steal my girl" and, In the ensuing
alteration, In the classic language oil
Gentlemen Prefer Blondes" the lady
In question becomes shot," The MUIR
derer's father urges him to add himself
TO the casually list. Reluctantly fol-
lowing this paternal counsel, "Morgould
u. =. saliva drooling from his
open mouth bites the barrel" OF
the revolver and with scream Jamesy
turns completely around, his legs tied
around each other, stomach doubled
up. Presses one hand to stomach, an
other to mouth. Turns, Staggers toward
father, his lips, chin and hand dripping
red. Throws handful of blood at IA
ther, screaming, My blood on your
head Curtain. Climax OF
Act q"
The alleged likeness of this play To
THE Fool" fully occupied several years
OF my life and cost me well over
$4,000. The plaintiff carried his case
to the Supreme Court of the United
States, which followed the example OF
the United States Circuit Court OF Ap-
peals in declining to reverse Judge
Thomas D. Thacher's original and
sweeping verdict in my favor. I had
produced rs plays before this action
and have produced one or two since
put Soldiers of the Common Good" j
believe, remains the sole claim to fame
OF the author who signed his manu-
script "Edrex Guelph, nee A. p
Waxman."
If this seems to you a comic expert.
ence. consider the case of THE Spider.
the Fulton Oursler and Lowell Bren-
tano mystery play, which was claimed
almost simultaneously, by six different
authors. Things equal to the same
thing being automatically equal to each
Continued on Fourth Page1