3

Telephone:
L'Ongacre 5-3301

MEMBER OF THE INCORPORATED SOCIETY OF AUTHORS' REPRESENTATIVES

Cable Address
AMPLACO

AMERICAN PLAY COMPANY, INC.

Representing American and Foreign Authors

33 WEST 42nd STREET

NEW YORK CITY

JOHN W. RUMSEY
President

-2-

MR. LANGSTON HUGHES

HENRY A. HUBMAN
Manager Motion Picture Department

HAVE DEDUCTED 10% FROM THE GROSS AMOUNT RECEIVED, WOULD HAVE PAID YOU 65% OF THE NET AND WOULD HAVE PAID HIM 35% OF THE NET AFTER DEDUCTING THE ADVANCE PAYMENT OF $112.50. IT IS NOW UP TO US TO TRY AND COLLECT THIS $112.50.

THE AMOUNT WITHHELD BY THE DRAMATISTS' GUILD IS $100.93. WE ADD THIS TO THE $389.51 ALREADY MENTIONED, AND SHOWN IN THE STATEMENT, AND THERE IS A TOTAL OF $490.44. WE DEDUCT FROM THIS OUR COMMISSION OF $49.04 AND WILL SEND YOU AS AND WHEN RECEIVED FROM THE DRAMATISTS' GUILD AND FROM MORJONES PRODUCTIONS, INC., THE SUM OF $441.40 IN FULL TO MARCH 28TH.

MR. JONES WAS REPRESENTED BY AN ATTORNEY NAMED HERBERT ADAMS WHOM I HAVE KNOWN FOR TWENTY-FIVE YEARS AS ONE OF THE UNUSUALLY POLITE AND FAIR LAWYERS. WHEN I CALLED ATTENTION TO THE FACT THAT I HAD WRITTEN JONES SEVENTEEN LETTERS ON THE SUBJECT OF STATEMENTS AND ROYALTIES PAYABLE AND HAD RECEIVED ONLY ONE ANSWER HE APOLOGIZED FOR MR. JONES, EXPLAINING THAT THE LATTER WAS A VERY POOR BUSINESS MAN. MR. JONES FRANKLY ADMITTED THIS AND SAID THAT HE DID NOT REPLY TO MY LETTERS BECAUSE HE WAS WORKING VERY HARD TO MAKE YOUR PLAY A SUCCESS AND BECAUSE HE DID NOT HAVE A TYPEWRITER. THE OTHER SIDE'S ENTIRE CASE WAS BASED ON THE DIFFERENCE BETWEEN MARTIN JONES AND HIS CORPORATION AND THE FACT THAT MR. JONES OR THE CORPORATION HAD LOST TO DATE $27.500.- TO KEEP THE PLAY ON BROADWAY. MR. ADAMS STRESSED THE "PAINFUL" POSITION IN WHICH HIS CLIENT FOUND HIMSELF RECEIVING NO SALARY FOR HIS EFFORTS, HAVING TO CUT THE SALARIES OF ACTORS. ALL OF THIS, SO FAR AS I WAS CONCERNED, WAS JUST A LOT OF HOKUM. I ASKED HIM IF HE PAID THE ACTORS, THE STAGE HANDS, THE ELECTRICIANS, THE USHERS, THE TICKET SELLERS AND OTHERS AND HE ADMITTED THAT HE DID. I THEN ASKED HIM WHY HE SHOULD MAKE AN EXCEPTION OF YOU AND EXPECT YOU TO WAIVE YOUR ROYALTIES. WHEN HE WHINED ABOUT THE LOSS OF $27,500.- AS A REASON FOR WANTING A CUT IN THE ROYALTIES, I ASKED HIM POINT BLANK, IN THE EVENT THAT HE HAD MADE $27500.00, WOULD HE GIVE YOU A PERCENTAGE OF THIS AMOUNT. TO THIS HE MADE NO REPLY WHICH PROMPTED ME TO TELL HIM IN FRONT OF THE ARBITRATORS THAT HE WAS LIKE ALL OTHER THEATRICAL MANAGERS ALWAYS WILLING TO HAVE THE AUTHOR SHARE THE MANAGER'S LOSSES BUT NEVER WILLING TO HAVE THE AUTHOR SHARE ON THE PROFITS.

MR. JONES LAID MUCH EMPHASIS ON HIS CONTENTION THAT IF I HAD NOT

Telephone:
L'Ongacre 5-3301

Cable Address
AMPLACO

AMERICAN PLAY COMPANY, INC.

33 WEST 42nd STREET

NEW YORK CITY

JOHN W. RUMSEY
President

APRIL 13TH, 1936

MR. LANGSTON HUGHES,
2245 EAST 80TH STREET,
CLEVELAND, OHIO.

DEAR MR. HUGHES:-

I AM, AS I EXPECTED, HAVING THE SAME
TROUBLE WITH MARTIN JONES AS I HAD BEFORE THE ARBITRATION.
SINCE THE AWARD WAS HANDLED DOWN I HAVE WRITTEN HIM TWO

SINCE THE AWARD WAS HANDLED DOWN I HAVE WRITTEN HIM TWO
LETTERS AND ALSO COMMUNICATED OVER THE TELEPHONE WITH HIS
LAWYER. HE WRITES UNDER DATE OF APRIL 11TH, THAT HE WAS
NOT FURNISHED WITH A COPY OF THE ARBITRATION AWARD UNTIL
THAT DAY, AND HE GIVES THIS AS A REASON FOR NOT PREPARING
A STATEMENT OF ROYALTIES DUE TO DATE. THE TRUTH OF THE
MATTER IS I SENT HIM A COMPLETE STATEMENT FROM THE TIME
THE PLAY WAS FIRST PRESENTED DOWN TO MARCH 28TH, SHOWING
CREDITS TO HIM AND THE BALANCE TO YOU, EARLY LAST WEEK.

IF I DO NOT GET SOMETHING DEFINITE FROM HIM TOMORROW I AM
GOING TO FILE A VIGOROUS PROTEST WITH THE DRAMATISTS GUILD,
AND AT THE SAME TIME I WILL SEND MR. JOHES A REGISTERED
LETTER NOTICE OF TERMINATION OF CONTRACT, AND WILL SEND A
COPY OF SAME TO HIS LAWYER.

I AM SORRY THAT THERE HAS BEEN SO MUCH
TROUBLE ABOUT THIS, BUT IT IS JUST ONE OF THOSE THINGS THAT
IS VERY DIFFICULT TO HANDLE.

WITH KINDEST REGARDS.

JWR:B

Telephone:
L'Ongacre 5-3301,

Cable Address
AMPLACO

AMERICAN PLAY COMPANY, INC.

33 WEST 42nd STREET

NEW YORK CITY

JOHN W. RUMSEY
President

APRIL 15TH, 1936

DEAR MR. HUGHES:-

I HAVE YOUR TELEGRAM ADVISING ME THAT YOU COPY-
RIGHTED "MULATTO" SEVERAL YEARS AGO. I WIRED YOU ABOUT IT BECAUSE
I COULD NOT FIND ANY RECORD OF COPYRIGHT HERE, AND I WANTED TO MAKE
SURE THAT THE MATTER HAD BEEN TAKEN CARE OF. MR. JONES SEEMS TO
THINK THAT HE HAS A PROPRIETORY INTEREST IN YOUR PLAY AND HAS WRITTEN
ME THAT NO DISPOSITION OF ANY RIGHTS OUTSIDE OF THE UNITED STATES AND
CANADA CAN BE MADE WITHOUT HIS CONSENT. I HAVE REMINDED HIM THAT HE
MERELY HAS A PARTICIPATING INTEREST, AND THAT OUTSIDE OF THIS COUNTRY
AND CANADA YOU CAN SELL IT FOR ANYTHING YOU LIKE AND WITHOUT CONSULT-
ING HIM EXCEPT THAT YOU PAY HIM 35% OF THE NET PROCEEDS.

YESTERDAY I SENT A VERY FIRM LETTER TO MR. JONES AND
TOLD HIM THAT I EXPECTED A CHECK IMMEDIATELY. AT THE SAME TIME I
COMMUNICATED WITH THE GUILD AND ASKED IF THEY WOULD IMMEDIATELY BACK
ME UP IN CASE I TOOK ANY DRASTIC ACTION AGAINST MR. JONES. I WAS TOLD
BY MR. DOUGLAS THAT THE GUILD WOULD DO SO BUT, OF COURSE, I CAN NOT
DEFINITELY DEPEND ON THIS.

I PRESUME THAT YOU KNOW ALL ABOUT THE ASSESSMENTS THAT
ARE MADE BY THE GUILD ON PLAYS THAT ARE PRODUCED EITHER IN NEW YORK
OR BY STOCK COMPANIES. THEY HAVE ONLY SENT ME A BILL FOR WHAT IS DUE
FROM YOU FROM THE PRODUCTION OF "MULATTO" SINCE IT OPENED ON OCTOBER
24TH, DOWN TO MARCH 28TH. YOU WILL NOTE FROM THE ENCLOSED THAT THE
ASSESSMENT IS $2.00 PER WEEK FOR THE FIRST FOUR WEEKS AND $5.00 PER
WEEK THEREAFTER. THIS, OF COURSE, REFERS ONLY TO FIRST CLASS COMPANIES.
THE GUILD HAS CHARGED YOU 65% OF $2.00 PER WEEK FOR THE FIRST FOUR WEEKS
AND 65% OF $5.00 PER WEEK FOR THE REMAINING NINETEEN WEEKS DOWN TO
MARCH 28TH, AND THE TOTAL IS $66.30. THE OTHER 35% THEY HAVE CHARGED
TO MARTIN JONES AS CO-AUTHOR OF THE PLAY. WHEN I COLLECT FROM MR. JONES
I WILL PAY YOUR BILL WITH THE GUILD.

WITH KINDEST REGARDS.

JWR:B

Telephone:
L'Ongacre 5-3301

Cable Address
AMPLACO

AMERICAN PLAY COMPANY, INC.

33 WEST 42nd STREET

NEW YORK CITY

JOHN W. RUMSEY
President

APRIL 17TH, 1936

DEAR MR. HUGHES:-

AT LAST I HAVE RECEIVED SOME MONEY
FROM MARTIN JONES. HE IS STILL $175.00 SHORT FOR THE
REASON THAT HE HAS IGNORED THE AGREEMENT OF OCTOBER
23RD, WHEREIN IT IS STATED THAT HE IS TO HAVE 35% OF
THE NET ROYALTIES AFTER YOU HAVE RECEIVED THE FIRST
$500.00. I ENCLOSE COPY OF A LETTER I WROTE TO MR.
JONES TODAY.

I ALSO ENCLOSE COPY OF THE STATEMENT
THAT I HAVE SENT HIM, AND ALSO BOX OFFICE STATEMENTS FOR
THE WEEKS ENDING APRIL 4TH AND 11TH.

THIS SIMPLY MEANS THAT WE HAVE $327.41
GROSS OR $294.67 NET DUE YOU. I HAVE DEPOSITED THE CHECK
TODAY BUT DO NOT CARE TO DRAW AGAINST IT UNTIL IT HAS BEEN
CLEARED THROUGH THE BANK. OUT OF YOUR $294.67 I THINK I
SHOULD PAY THE AMERICAN DRAMATISTS THE $66.30 YOU OWE AS
ASSESSMENT FROM THE TIME THE PLAY OPENED DOWN TO MARCH 28TH.
IF I DO THIS THEN TOMORROW I WILL MAIL YOU A CHECK FOR
$228.37. IN THE MEANTIME I AM TRYING TO COLLECT THE OTHER
$175.00.

IF, WHEN YOU RECEIVE THIS LETTER, YOU DO NOT
WANT ME TO PAY THE AMERICAN DRAMATISTS PLEASE TELEGRAPH ME
COLLECT SO I WILL KNOW WHAT YOUR INSTRUCTIONS ARE BEFORE I
SEND YOU YOUR CHECK, AND BEFORE I HAVE A CHANCE TO PAY THE
AMERICAN DRAMATISTS.

WITH KINDEST REGARDS.

JWR:B

C O P Y

APRIL 17TH, 1936

MR. MARTIN JONES,
MARJONES PRODUCTIONS, INC.
VANDERBILT THEATRE,
NEW YORK CITY.

DEAR MR. JONES:-

THIS WILL ACKNOWLEDGE A CHECK FROM MARJONES PRODUCTIONS, INC. FOR $439.91, $112.50 OF WHICH REIMBURSES THE AMERICAN PLAY COMPANY, INC. FOR THE ADVANCE PAYMENT OF ROYALTY MADE TO YOU ON SEPTEMBER 4TH, 1935, AND $327.41 BEING ON ACCOUNT OF ROYALTY DUE LANGSTON HUGHES TO APRIL 11TH, 1936.

YOUR ACCOUNTANT HAS MADE AN ERROR IN COMPUTING THE EXACT AMOUNT THAT IS DUE. IF YOU WILL LET HIM SEE THE AWARD OF ARBITRATION HE WILL FIND PARAGRAPH 1 READS AS FOLLOWS:

"THERE IS DUE TO LANGSTON HUGHES 65% OF THE ROYALTIES PAYABLE UNDER THE CONTRACT OF SEPTEMBER 2ND, 1935, AND THE ADDITIONAL AGREEMENTS OF SEPTEMBER 4TH, AND OCTOBER 23RD, 1935, AND THE BALANCE OF 35% IS DUE TO MARTIN JONES."

THE AGREEMENT OF SEPTEMBER 4TH, PROVIDES THAT YOU ARE TO RECEIVE 25% OF THE ROYALTIES. THE AGREEMENT OF OCTOBER 23RD, 1935 INCREASES YOUR SHARE OF THE ROYALTIES TO 35% AFTER MR. HUGHES HAS RECEIVED THE FIRST $500.00. THIS SIMPLY MEANS THAT THERE IS STILL DUE MR. HUGHES $175.00 IN ACCORDANCE WITH THE ENCLOSED STATEMENT.

WILL YOU PLEASE SUBMIT THIS MATTER TO YOUR ACCOUNTANT AND SEND US A CHECK FOR THE $175.00 REFERRED TO? WHEN THIS IS PAID EVERYTHING WILL BE STRAIGHTENED OUT UP TO AND INCLUDING APRIL 11TH.

WITH KINDEST REGARDS.

JWR:B

C O P Y

APRIL 20TH, 1936

AMERICAN PLAY COMPANY, INC.
33 WEST 42ND STREET
NEW YORK CITY

GENTLEMEN:

RECEIPT IS HEREBY ACKNOWLEDGED OF YOUR MR.
RUMSEY'S LETTER OF APRIL 17, 1936, ADDRESSED TO MR. MARTIN
JONES AND MARJONES PRODUCTIONS, INC.

THE CHECK OF MARJONES PRODUCTIONS, INC. FOR $439.91
SENT TO YOU ON APRIL 16TH, 1926, WAS THE CORRECT BALANCE DUE
TO LANGSTON HUGHES OF THE ROYALTIES ON THE RUN OF "MULATTO"
UP TO AND INCLUDING THE WEEK ENDING APRIL 11TH, 1936.

THE WORDING OF THE ARBITRATION AWARD QUOTED IN MR.
RUMSEY'S LETTER IS PERFECTLY CLEAR, AND STATES THAT UNDER THE
CONTRACT AND AGREEMENT OF SEPTEMBER 2ND AND 4TH AND OCTOBER
23RD, 1935, LANGSTON HUGHES IS ENTITLED TO 65% OF THE ROYALTIES
AND MARTIN JONES 35%.

ACCORDINGLY, YOUR CLAIM FOR $175.00 ADDITIONAL IS
ERRONEOUS.

MJ:HM

APRIL 22ND, 1936

MR. MARTIN JONES, PRESIDENT
MARJONES PRODUCTIONS, INC.
VANDERBILT THEATRE,
NEW YORK CITY.

DEAR MR. JONES:-

I HAVE YOUR LETTER OF APRIL 20TH. YOU SEEM TO BE DETERMINED TO BE NASTY ABOUT THIS MATTER. THIS BEING THE CASE, I WANT TO LET YOU KNOW THAT I AM GOING TO BE EQUALLY DETERMINED THAT YOU PAY THIS MONEY. THE ARBITRATION AWARD DISTINCTLY READS AS FOLLOWS:

"THERE IS DUE TO LANGSTON HUGHES 65% OF THE ROYALTIES PAYABLE UNDER THE CONTRACT OF SEPTEMBER 2ND, 1935, AND THE ADDITIONAL AGREEMENTS OF SEPTEMBER 4TH AND OCTOBER 23RD, 1935, AND THE BALANCE OF 35% IS DUE TO MARTIN JONES."

IF YOU ARE TO RECEIVE 35% OF THE ROYALTY UNDER THE LETTER OF OCTOBER 23RD, 1935 THEN IT IS ONLY TOO OBVIOUS THAT YOU MUST COMPLY WITH THE OTHER TERMS AND CONDITIONS OF THAT LETTER. YOU CAN NOT AT THIS LATE DATE PICK OUT SUCH PARTS OF THE LETTER THAT ARE FAVORABLE TO YOU AND REJECT THOSE PARTS THAT ARE NOT.

I AM QUITE SURE THAT YOU KNOW VERY WELL THAT THERE IS ANOTHER $175 DUE MR. HUGHES AS OF APRIL 11TH, 1936. I DO NOT SEE WHY YOU DO NOT PAY IT AND BE DONE WITH THIS MATTER. YOU HAVE ALREADY PUT ME TO A TREMENDOUS AMOUNT OF UNNECESSARY WORK FOR WHICH MY COMPENSATION HAS BEEN VERY SMALL. IT IS JUST SUCH INCIDENTS OF THIS KIND IN DEALS BETWEEN PRODUCERS AND AUTHORS THAT COMPELLED THE DRAMATISTS' GUILD TO DRAW UP A MINIMUM BASIC AGREEMENT IN AN EFFORT TO COMPEL THE PRODUCER TO DO WHAT HE PROMISES TO DO IN HIS ORIGINAL CONTRACT AND ANY SUBSEQUENT CONTRACTS THAT MAY FOLLOW.

I WANT TO CALL YOUR ATTENTION TO THE FACT THAT UNLESS THIS MONEY IS PAID I PROPOSE TO TAKE ACTION AGAINST MARJONES PRODUCTIONS, INC. TO COLLECT IT.

YOURS SINCERELY,

JWR:B

16

APRIL 22ND, 1936

MR. DON ANGUS DOUGLAS,
AMERICAN DRAMATISTS,
9 EAST 38TH STREET,
NEW YORK CITY,

RE: "MULATTO"

DEAR MR. DOUGLAS:--

I ENCLOSE COPY OF A LETTER I HAVE RECEIVED THIS MORNING FROM MARJONEST PRODUCTIONS, INC.

NOW I CLAIM THAT THE ARBITRATION AWARD DISTINCTLY MEANS THAT LANGSTON HUGHES IS ENTITLED TO 65% OF THE ROYALTIES FROM THIS PLAY IN ACCORDANCE WITH THE AGREEMENTS, EITHER FORMAL OR BY LETTERS, OF SEPTEMBER 2ND, 4TH AND OCTOBER 23RD. YOU HAVE IN YOUR FILES COPIES OF THESE AGREEMENTS. UNDER THE AGREEMENT OF OCTOBER 23RD, MR. HUGHES INCREASED MARTIN JONES' SHARE OF THE ROYALTY FROM 25% TO 35% WITH THE UNDERSTANDING THAT MR. HUGHES SHOULD RECEIVE THE FIRST $500. I TAKE IT THAT WHEN THE ARBITRATION AWARD WAS WRITTEN BY TWO OF THE ARBITRATORS THAT THEY MEANT JUST THIS, OTHERWISE THEY WOULD HAVE MADE A STIPULATION THAT JONES' ROYALTIES WERE TO COMMENCE FROM THE BEGINNING OF THE RUN OF THE PLAY, AND THAT MR. HUGHES WAS NOT TO RECEIVE THE FIRST $500.

I NOW ASK YOU FORMALLY FOR AN OPINION FROM THE GUILD ON THIS POINT. I PRESUME THAT YOU WILL TAKE IT UP WITH THE ARBITRATORS WHO SIGNED THE AWARD. IN MY OPINION THE LANGUAGE OF THE AWARD IS PERFECTLY CLEAR AND DOES NOT IN ANY WAY ALTER THE TERMS OF THE LETTER OF OCTOBER 23RD. IF MR. JONES IS TO ACCEPT THE CONTENTS OF THAT LETTER HE MUST ACCEPT ALL OF THEM AND NOT PICK OUT SUCH PARTS AS HE MAY WISH.

I WILL BE OBLIGED IF YOU WILL GIVE THIS MATTER YOUR IMMEDIATE ATTENTION AS I PROPOSE TO TAKE DRASTIC ACTION AGAINST MARTIN JONES, AND POSSIBLY MARJONES PRODUCTIONS, INC. WITHOUT FURTHER DELAY IF THIS MONEY IS NOT PAID.

JWR:B

C O P Y

APRIL 22ND, 1936

DEAR MR. JONES!:-

I AM QUITE SURE THAT YOU KNOW VERY WELL THAT THERE IS ANOTHER $175.00 DUE MR. HUGHES AS OF APRIL 11TH, 1936. I DO NOT SEE WHY YOU DO NOT PAY IT AND BE DONE WITH THIS MATTER. YOU HAVE ALREADY PUT ME TO A TREMENDOUS AMOUNT OF UNNECESSARY WORK FOR WHICH MY COMPENSATION HAS BEEN VERY SMALL. IT IS JUST SUCH INCIDENTS OF THIS KIND IN DEALS BETWEEN PRODUCERS AND AUTHORS THAT COMPELLED THE DRAMATISTS' GUILD TO DRAW UP A MINIMUM BASIC AGREEMENT IN AN EFFORT TO COMPEL THE PRODUCER TO DO WHAT HE PROMISES TO DO IN HIS ORIGINAL CONTRACT AND ANY SUBSEQUENT CONTRACTS THAT MAY FOLLOW.

JWR:B

COPY

APRIL 23, 1936

MARJONEST PRODUCTIONS, INC.
VANDERBILT THEATRE,
148 WEST 48TH STREET,
NEW YORK, N.Y.

ATT: MR. MARTIN JONES

GENTLEMEN:-

WE RECEIVED A LETTER FROM MR. RUMSEY OF THE AMERICAN PLAY COMPANY IN WHICH HE STATES THAT, UNDER THE TERMS OF THE AWARD GRANTED IN YOUR DISPUTE WITH MR. LANGSTON HUGHES REGARDING "MULATTO," YOU ARE UNWILLING TO PAY THE SUM OF $175 WHICH UNDER THE CONTRACT OF OCTOBER 23, 1935 MR. RUMSEY CLAIMS IS DUE MR. HUGHES. WE DO NOT SEE HOW THERE CAN BE ANY DOUBT ABOUT THE MEANING OF THE LANGUAGE OF THE AWARD.

THE FIRST PARAGRAPH OF THE AWARD READS AS FOLLOWS:-
"THERE IS DUE TO LANGSTON HUGHES 65% OF THE ROYALTIES PAYABLE UNDER THE CONTRACT OF SEPTEMBER 2, 1935, AND THE ADDITIONAL AGREEMENTS OF SEPTEMBER 4TH AND OCTOBER 23, 1935, AND THE BALANCE OF 35% IS DUE TO MARTIN JONES." THE AWARD IS THUS BASED DEFINITELY UPON THESE CONTRACTS.

THE AGREEMENT OF OCTOBER 23, 1935 SPECIFIES THAT "MR. HUGHES HAS AUTHORIZED US TO ADVISE YOU THAT HE AGREES TO, INCREASE THIS PERCENTAGE FROM TWENTY-FIVE (25%) PERCENT TO THIRTY-FIVE (35%) PERCENT OF THE NET ROYALTIES EARNED, WITH THE UNDERSTANDING THAT THE FIRST $500.00 IS TO BELONG EXCLUSIVELY TO MR. HUGHES, AND THAT THE DIVISION OF THE NET ROYALTIES IN THE PROPORTION OF SIXTY-FIVE (65%) PERCENT TO MR. HUGHES AND THIRTY-FIVE (35%) TO YOU IS TO BE AFTER THE FIRST $500.00 HAS BEEN EARNED IN ACCORDANCE WITH THE TERMS OF THE MINIMUM BASIC AGREEMENT. IN OTHER WORDS MR. HUGHES DOES NOT AGREE TO PAY TO YOU ANY PART OF THE $500.00 THAT YOU PAID TO HIM AS ADVANCE ROYALTY." UNDER THESE CIRCUMSTANCES WE CANNOT SEE THAT THERE IS ANY BASIS FOR ANY BELIEF THAT MR. RUMSEY'S CLAIM IS NOT A JUSTIFIED CLAIM.

DAD; ASK

COPY

APRIL 25, 1936

MR. JOHN RUMSEY,
AMERICAN PLAY CO. INC.
33 WEST 42ND STREET
NEW YORK CITY

MY DEAR SIR:

YOUR LETTER OF APRIL 22ND, ADDRESSED TO ME AS PRESIDENT OF MARJONES PRODUCTIONS, INC., HAS BEEN RECEIVED AND I WANT YOU TO KNOW THAT I RESENT ITS INSULTING LANGUAGE AND PURPORT. YOU ARE NOT THE ONLY PERSON INTERESTED IN THIS "MULATTO" MATTER, AND IT IS ABOUT TIME THAT YOU DECIDED TO STEP DOWN FROM YOUR SELF-ERECTED PEDESTAL AND COME TO THE REALIZATION THAT YOUR ATTITUDE AND YOUR OPINION ARE NOT AT ALL TIMES PARAMOUNT.

I AGREE THAT THE LANGUAGE OF THE ARBITRATION AWARD IS CLEAR AND EXPLICIT AND I HAVE NOT, AS YOU DEFTLY AGREE, PICKED OUT ANY PARTS OF ANY LETTER. YOU POSITIVELY KNOW, EVEN THOUGH YOU SEEMINGLY CHOOSE NOT TO ADMIT IT, THAT THE DECISION OF THE ARBITRATORS WAS REACHED AFTER HEARING ALL OF THE TESTIMONY AND EXAMINING ALL OF THE EXHIBITS, AND THEIR DECISION READS ACCORDINGLY. YOU ARE THE ONE, NOT MARJONES PRODUCTIONS OR I, WHO PICKS OUT PART OF ONE LETTER, AND TRIES TO ADD WORDS TO THE DECISION THAT DID NOT APPEAR IN THE DECISION. THERE IS NO REFERENCE IN THE DECISION TO ANY $500 DEDUCTIBLE ITEM, AND YOU KNOW IT. YOU WERE NOT AN ARBITRATOR AND YOU HAVE NOTHING TO SAY ABOUT THE DECISION, EXCEPT TO ABIDE BY IT.

AND PLEASE DON'T PRATE ABOUT PRODUCERS AND AUTHORS AND ATTRIBUTE A SOLE HOLIER-THAN-THOU CHARACTER TO THE LATTER.

YOU DEMANDED AND YOU OBTAINED THE ARBITRATION UNDER THE VERY MINIMUM BASIC AGREEMENT THAT YOU MENTIONED, AND THAT AGREEMENT IN ITS ARBITRATION CLAUSE CLEARLY STATES THAT

"A DECISION OF A MAJORITY OF THE ARBITRATORS SHALL BE THE DECISION OF ALL AND BE BINDING AND FINAL, THE SAID DECISION TO CONSTITUTE AND HAVE THE SAME EFFECT AS AN AGREEMENT BETWEEN THE PARTIES."

IF YOU HAVEN'T READ THAT LANGUAGE, I SUGGEST THAT YOU DO SO.

I AS A PARTY ACCEPTED THE DECISION, EVEN THOUGH I WAS DISSATISFIED WITH IT AS CAUSING ME AN UNJUSTIFIED DEPRIVATION IN THE AGREED SHARE OF ROYALTIES. BUT, I STOOD BY IT, BECAUSE I REALISED THAT THE SPIRIT OF ARBITRATION AND SPORTMANSHIP CALLED UPON ME TO DO SO.

YOU SPEAK OF THE TREMENDOUS AND UNNECESSARY WORK YOU HAVE PERFORMED, JUST AS YOU UNWARRANTEDLY TOOK UP A LARGE PART OF THE TIME OF THE ARBITRATION HEARING IN EXPATIATING ON. THE PRODUCER OF "MULATTO" AND I HAVE DEVOTED A STUPENDOUS AND UN-REMUNERATED AMOUNT OF TIME IN KEEPING THE SHOW GOING, TO THE RESULTANT BENEFIT OF YOUR PRINCIPAL AND YOURSELF, BUT NO ONE WOULD EVER REALIZE THAT EITHER OF YOU HAS THE SLIGHTEST APPRECIATION OF IT.

SO PLEASE STOP WRITING INSULTING LETTERS AND DEMANDING WHAT YOU HAVE NO RIGHT TO.

MJ:HM

2245 East 80th Street,
Cleveland, Ohio,
May 5, 1936.

American Play Company,
33 West 42nd Street,
New York, New York.

Dear Mr. Rumsey,

Thank you very much for your letters of the past two weeks and
your checks for $228.37, $103.57, and $114.76; also for the
copies of the correspondance you have had with Mr. Jones regard-
ing the $175 still due us. I am certainly sorry you have had
and continue to have so much trouble with MULATTO. I hope there
will be no more from now on.

I am glad you paid the Dramatists' Guild for me, and would be
delighted if your office would take care of their assessments
whenever they come due.

With very best regards to you and Miss Rumsey,

25

Telephone:
L'Onigrale 5-3301

Cable Address
AMPLACO

AMERICAN PLAY COMPANY, INC.

33 WEST 42nd STREET

NEW YORK CITY

JOHN W. RUMSEY
President

MAY 8TH, 1936

DEAR MR. HUGHES:—

I HAVE A NIBBLE FOR CERTAIN FOREIGN RIGHTS TO "MULATTO." I MAY BE ABLE TO DO SOMETHING WITH REGARD TO SCANDINAVIA WHICH INCLUDES NORWAY, SWEDEN, DENMARK AND FINLAND. I MIGHT ALSO BE ABLE TO DO SOMETHING WITH FRANCE AND ALSO ITALY.

NOW WITH REGARD TO SCANDINAVIA, THE CHANCES ARE IT WOULD BE AN OUTRIGHT SALE FOR SOMETHING LIKE $500 OR $750. WITH REGARD TO FRANCE WE MIGHT GET $500.00 ON ACCOUNT OF ABOUT 4%. THE PURCHASER OF THE FRENCH RIGHTS WOULD HAVE TO PAY SOMEONE TO MAKE AN ADAPTATION FOR THAT COUNTRY. REGARDING ITALY, I DO NOT THINK THAT WE CAN GET ANY MORE THAN $150 ON ACCOUNT OF 5%.

DO YOU WANT ME TO GO AHEAD AND TRY AND PUT THROUGH DEALS ON THESE TERMS. IF SO PLEASE ADVISE ME, AND ALSO KEEP IN MIND THAT MARTIN JONES (NOT MARJONES PRODUCTIONS, INC.) WILL BE ENTITLED TO 35% OF WHATEVER WE COLLECT.

WITH KINDEST REGARDS.

JWR:B

2245 East 80th Street,
Cleveland, Ohio,
May 11, 1936.

Dear Mr. Rumsey,

I would be delighted, of course, to have you dispose of the
various foreign rights to MULATTO on terms which seem best to
you. Since my work is well known in Mexico, there might also
be the possibility of a small sale there.

Have you been able to secure from Mr. Jones copies of the New
York version of the play? If so, I would very much like to
have a copy myself for my files, and would appreciate greatly
your sending it to me.

The HK Tsukiji Theatre in Tokio might also be interested in
MULATTO. It is the only theatre in the Orient doing foreign
plays. They have performed O'Neil there, and PORGY, in Japanese.
And have entertained me as their guest while I was in Japan.

UNITED STATES OF AMERICA,
STATE OF NEW YORK.

} ss. On the 13th day of Oct 19, 36, at
the request of CENTRAL HANOVER BANK AND TRUST COMPANY
I, GEORGE GOERKE, a Notary Public of the State of New York, duly commissioned
EMIL SCHMIDT
and sworn, did present the original check
hereunto annexed, to Manufacturers Trust Company

and demanded payment which was refused

Whereupon, I, the said Notary, at the request aforesaid, did Protest, and by
these presents do publicly and solemnly Protest, as well against the Drawer,
Acceptor and Endorsers of the said check as against all
others, whom it doth, or may concern for exchange, re-exchange, and all costs,
damages and interest already incurred, and to be hereafter incurred for want
of payment

of the same.

Thus Done and Protested, in the City of New York, aforesaid in the
presence of John Doe and Richard Roe, witnesses.

IN TESTIMONIUM VERITATIS.

Certificate filed in
{ Kings County,
New York County.

NOTARY PUBLIC, KINGS COUNTY
CERTIFICATE FILED NEW YORK COUNTY.

2256 East 86th Street,
Cleveland, Ohio,
October 29, 1936.

Miss Beatrice Rumsey,
American Play Co.,
New York, New York.

Dear Miss Rumsey,

Thank you very much for your letter of October 15th and for
the funds which you sent me, and statement through to Sept.
19 at Albany. It was all O.K. about the check.

I wish you and Mr. Rumsey had been here last week for the
party I gave for the MULATTO cast at the nearest thing we
have to a Cotton Club in Cleveland. I guess everyone had
fun. Anyhow, I did! The cast were all mighty nice, and
gave me a swell English briar pipe after the curtain on
Saturday night. Mr. Jones was through on his way to the
coast. And we now speak! In fact, he was quite pleasant.
With my best to you,

American Play Company,
33 West 42nd Street,
New York, New York,

Dear Mr. Rumsey,

Thank you for your letter of October 23rd, and for checks and statements up to and through the week ending September 19 at Albany. I would, of course, appreciate having statements now on the subway company, and on the various road stands following Albany.

I'm sorry you've been ill, and hope you are quite all right again. You don't want to start the winter with a cold.

Cleveland business was pretty good, and Detroit I understand was even better, the opening night there being sold completely out. Mr. Jones came through Cleveland on his way to the coast and was pleasant enough this time, apparently pleased with the success the show is having on the road, and his plans for sending it to California.

Did anything ever happen about the Scandinavian rights? Or England?

Whenever amateur rights are released, I am perfectly willing that they be handled through the Dramatists' Guild Amateur Bureau, providing that is agreeable to you and Mr. Jones.

With all good wishes to you,

ALL MESSAGES TAKEN BY THIS COMPANY ARE SUBJECT TO THE FOLLOWING TERMS:

To guard against mistakes or delays, the sender of a message should order it repeated, that is, telegraphed back to the originating office for comparison. For this, one-half the unrepeated message rate is charged in addition. Unless otherwise indicated on its face, this is an unrepeated message and paid for as such, in consideration whereof it is agreed between the sender of the message and this company as follows:

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INCORPORATED
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## CLASSES OF SERVICE

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2356 East 86th Street,
Cleveland, Ohio,
December 3, 1936.

Dear Mr. Rumsey,

I would appreciate very much hearing from you regarding the
subway company of MULATTO which played on Long Island and in
Jersey, and on which I've so far had no reports, although it
now more than two months since it opened. I also hope that
you can send me a check on the back royalties at present a
month or more behind. In case you need the assistance of my
lawyer, Arthur Spingarn, in collecting these royalties, I
will be happy to write him. I think we had better keep more
up to date in these matters, because if the play closes, I am
sure we will have a very difficult time getting what is due
us.

With my very best regards to you,

AMERICAN PLAY COMPANY

522 Fifth Avenue
New York City.

April 12, 1940.

Miss Gertrude Priester,
The Dramatists' Guild,
6 East 39th Street, New York City.

Dear Miss Priester:-

I wish to give you the facts as to the
ownership of the play MULATTO, as from what you said on
the telephone yesterday, and also what was told me by
Maxim Lieber, you both appear to consider Martin Jones
co-author of the play. The play was written solely
by Langston Hughes and upon that understanding was leased
to Marjones Productions, Inc. A few days later Martin
Jones, acting for the corporation, made an arrangement
whereby the corporation secured the permission of Hughes
to engage another playwright to "make certain changes,
additions and revisions to the play", and both Langston
Hughes and Marjones Productions, Inc. instructed the American
Play Company to pay such playwright twenty-five (25)
percent of "the net royalties earned by Mr. Hughes from pro-
ductions and performances of the said play....."
Six or seven weeks later Martin Jones induced Mr. Hughes
to increase this percentage to thirty-five (35%) percent
and to permit Marjones Productions, Inc. to advertise
the play as "By Langston Hughes and Martin Jones". As I
did not like this, and knew that Mr. Hughes had been im-
posed upon by a producer who was not a playwright I insisted
that Mr. Hughes should receive all of the $500 paid as an
advance by Marjones Productions, Inc., that Mr. Jones should
not receive any share of the royalties until after the first
$500.00. But Jones was in possession of the money at all
times and he not only refused to relinquish 35% of the advance
payment, but declined to pay me any commission on his share
of the royalties. In April 1936 I started another arbitration
against Jones to recover the $175.00 due Mr. Hughes, but
I received such indifferent cooperation from the Guild that I
decided to play a waiting game and get what was due Mr. Hughes
and due me at some future time. All of the correspondence in
connection with my efforts to collect this $175.00 is on file
at the Guild. On April 23, 1936 Mr. Douglas wrote Marjones
Productions, Inc. that Mr. Hughes' claim for the $175.00 was
justified.

At no time did Mr. Hughes grand Martin Jones or
Marjones Productions, Inc. any proprietary interest in the play,
and I contend that Marjones Productions, Inc. lost all its

Miss Gertrude Priester

#2-April 12, 1940.

rights in the subsidiary rights to the play on January 23, 1940. I so wrote Mr. Douglas on March 14th, and on March 16th I sent him an article cut from the NEW YORK TIMES of that day informing me for the first time that the play was to be produced in Boston. On March 26th I telephoned Mr. Douglas to find out if he had confirmed my understanding about the lapse of the producer's rights, but he had not. Since then I have heard nothing from the Guild about the matter until I telephoned Mr. Douglas yesterday afternoon.

This play is now the sole and exclusive property of Langston Hughes, except with respect to the motion picture rights. Mr. Hughes can lease it where he likes and for whatever price he likes, subject to the payment to Mr. Jones of thirty-five (35%) percent of the net proceeds. This now leaves Mr. Hughes in a position to make leasings of the play and withhold the thirty-five (35%) percent due Mr. Jones until the sum of $175.00 has accrued and which is due Mr. Hughes. The American Play Company at the proper time will take the necessary steps to prevent the payment of any sums to Mr. Jones until there has been a settlement with my company of the ten (10%) percent commission Jones owes on what he has already received as his share of the royalties from this play.

If any of this is not clear to you I shall be glad to bring my papers over to your office and go into the matter further. There is still some money to be made out of this play for Mr. Hughes, but not under the conditions imposed by Mr. Jones and Marjones Productions, Inc. In fact he can make enough out of it to recover from Jones the $175.00 I have been waiting these four years to collect, (on which amount by the way there is due me $17.50) and the commissions due the American Play Company from Jones.

AMERICAN PLAY COMPANY

April 12, 1940

Dear Miss Priester: *

Since writing to you earlier in the day regarding the MULATTO matter I have talked long distance with the attorney in Philadelphia who is acting for Dr. Luongo. He said that Dr. Luongo was sitting by him as he spoke. It appears that the Doctor took over an agreement Jones had made on February 5, 1940 with Reuben R. Elfman. In the agreement Jones described himself as the co-author and owner of the play. At the time the agreement was signed he was paid $250 "in consideration of the agreement", and not as an advance. The manager (in this case Elfman) agreed to pay Jones seven and one-half (7 1/2%) percent of the gross receipts, plus $25.00 per week for the use of the play. We may conclude that Mr. Hughes' royalty was to be computed on this $25.00 but with Jones having the right to increase it, perhaps to $100 per week as I think you said he told you. In Boston the play did about $2100 from March 23rd through March 29th, and about $1800 the second week, and Jones was paid seven and one-half (7 1/2%) percent of the entire gross, plus $25 for each week. Dr. Luongo paid the rent of the Copely Theatre, in advance, and also deposited in advance two weeks salaries for the cast.

For his own purposes Jones is telling you this is a stock engagement. If that is true then he has no right to lease the play at one price and settle with Mr. Hughes upon the basis of a lower figure. It is acknowledged that if Jones, while still retaining his interest in the play, could lease it for a tour he could ask as much as he could get so long as he paid Mr. Hughes the royalties provided for in the agreement he signed with Hughes on September 2, 1935. But in this particular case Jones had no rights in the play (except motion picture rights) when he made the agreement with Elfman on Feb. 5, 1940 and the Guild should have no trouble in proving that the $250 paid Jones at the time of signing the agreement, plus the seven and one-half (7 1/2%) percent of the gross receipts, plus the $25.00 for each of the two weeks in Boston, belongs to Langston Hughes, less agent's commission, less 35% of the net proceeds which we admit Jones is entitled to, but which should not be paid to him but credited against what he already owes

AMERICAN PLAY COMPANY

April 12, 1940

Dear Miss Priester:‡

Since writing to you earlier in the day regarding the MULATTO matter I have talked long distance with the attorney in Philadelphia who is acting for Dr. Luongo. He said that Dr. Luongo was sitting by him as he spoke. It appears that the Doctor took over an agreement Jones had made on February 5, 1940 with Reuben R. Elfman. In the agreement Jones described himself as the co-author and owner of the play. At the time the agreement was signed he was paid $250 "in consideration of the agreement", and not as an advance. The manager (in this case Elfman) agreed to pay Jones seven and one-half (7½%) percent of the gross receipts, plus $25.00 per week for the use of the play. We may conclude that Mr. Hughes' royalty was to be computed on this $25.00 but with Jones having the right to increase it, perhaps to $100 per week as I think you said he told you. In Boston the play did about $2100 from March 23rd through March 29th, and about $1800 the second week, and Jones was paid seven and one-half (7½%) percent of the entire gross, plus $25 for each week. Dr. Luongo paid the rent of the Copely Theatre, in advance, and also deposited in advance two weeks salaries for the cast.

For his own purposes Jones is telling you this is a stock engagement. If that is true then he has no right to lease the play at one price and settle with Mr. Hughes upon the basis of a lower figure. It is acknowledged that if Jones, while still retaining his interest in the play, could lease it for a tour he could ask as much as he could get so long as he paid Mr. Hughes the royalties provided for in the agreement he signed with Hughes on September 2, 1935. But in this particular case Jones had no rights in the play (except motion picture rights) when he made the agreement with Elfman on Feb. 5, 1940 and the Guild should have no trouble in proving that the $250 paid Jones at the time of signing the agreement, plus the seven and one-half (7½%) percent of the gross receipts, plus the $25.00 for each of the two weeks in Boston, belongs to Langston Hughes, less agent's commission, less 35% of the net proceeds which we admit Jones is entitled to, but which should not be paid to him but credited against what he already owes

Miss Gertrude Priester

April 12, 1940

Mr. Hughes. We will come to the matter of what he owes the
American Play Company later.

Mr. Jones also made an agreement with Joseph E. Becker
of Philadelphia for this play, sometime prior to January 1st.
I have written to Mr. Becker that the agreement has no value,
and in the event he has made payment to Jones (which I am sure
he must have) or in any way feels he has any rights in
the property, he has been invited to discuss the matter with
me or with the Guild.

Jones claims to be co-author of the play, and then leases
it at one figure while planning to compensate with his "co-
author" at a much lower figure, and this fact suggests to me
that perhaps something might be written into the Minimum Basic
Agreement to put the brakes on the producer who becomes "co-
author" of the play he has contracted for. This would be
necessary only because many authors are like Mr. Hughes, too
weak to resist the pressure put on them by men like Jones.

Miss Gertrude Priester

#2-April 12, 1940.

AMERICAN PLAY COMPANY

522 Fifth Avenue

New York City

April 18, 1940.

Mr. Langston Hughes,
1379 East Washington Boulevard,
Los Angeles, California.

Dear Mr. Hughes:-

According to The Dramatists' Guild the agent written into the agreement covering the lease of a play is responsible for seeing that the producer does not benefit from an performances of the play after the subisduary rights have reverted to the author. According to the terms of your agreement with Marjones Productions, Inc. the producer's interest in these rights terminated on February 22, 1940. On March 14th I wrote the Guild for a confirmation of this. At that time I did not know of any contemplated productions of the play, but on March 16th I learned from the N. Y. TIMES that a production had been announced for Boston. I sent the newspaper article to the Guild with a covering letter. On March 26th I telephoned the Guild and found it was not prepared to confirm my understanding but promised to do so within a day or two. On April 12th I had an interview with a deputy from The Actors' Equity. He had worked in the Boston production and told a strange tale about Martin Jones' connection with it. I communicated with the Guild and it was evident from my conversation with Miss Priester, and later from a conversation I had with Maxim Lieber, that they were under the impression Jones was co-author of your play MULATTO. I enclose copy of a letter I sent to the Guild correcting this impression.

I communicated with Dr. Luongo of Philadelphia, who financed the Boston production, and subsequently discussed the matter by long distance telephone with his lawyer, who told me Dr. Luongo sat alongside him as he talked. What I learned from them I passed on to Miss Priester in another letter on the 12th, and enclose a copy for your information.

Since then I have had a letter from Dr. Luongo's lawyer confirming all he told me over the telephone but making one correction in his story, namely, that the seven and one-half (7 1½%) percent paid to Jones was for his services as director of the Boston production, that in the agreement he made with the Doctor he described himself as "co-author and owner of the play," and then stipulated that "Martin Jones and Langston Hughes are to receive the sum of $25.00 weekly for the use of

AMERICAN PLAY COMPANY

522 Fifth Avenue

New York City

April 18, 1940.

Dear Mr. Hughes:-

According to The Dramatists' Guild the agent written into the agreement covering the lease of a play is responsible for seeing that the producer does not benefit from an performances of the play after the subsidiary rights have reverted to the author. According to the terms of your agreement with Marjones Productions, Inc. the producer's interest in these rights terminated on February 22, 1940. On March 14th I wrote the Guild for a confirmation of this. At that time I did not know of any contemplated productions of the play, but on March 16th I learned from the N. Y. TIMES that a production had been announced for Boston. I sent the newspaper article to the Guild with a covering letter. On March 26th I telephoned the Guild and found it was not prepared to confirm my understanding but promised to do so within a day or two. On April 12th I had an interview with a deputy from The Actors' Equity. He had worked in the Boston production and told a strange tale about Martin Jones' connection with it. I communicated with the Guild and it was evident from my conversation with Miss Priester, and later from a conversation I had with Maxim Lieber, that they were under the impression Jones was co-author of your play MULATTO. I enclose copy of a letter I sent to the Guild correcting this impression.

Since then I have had a letter from Dr. Luongo's lawyer confirming all he told me over the telephone but making one correction in his story, namely, that the seven and one-half (7½%) percent paid to Jones was for his services as director of the Boston production, that in the agreement he made with the Doctor he described himself as "co-author and owner of the play," and then stipulated that "Martin Jones and Langston Hughes are to receive the sum of $25.00 weekly for the use of

To Langston Hughes

Page #2-April 18, 1940.

the play MULATTO." In the twenty-seven years I have been
in this business I have never come across such an unconscion-
able arrangement as it affects the author of the play. Boston
has a population of about 900,000 and he only asks $25 per
week (something an agent would never be allowed to do) while
he had already indicated the value of the leasing rights to the
play when he leased it to Englewood, N. J. (population 18,000)
for $175.00, to Asbury Park, N. J. (population 15,000) for $250,
Newark, N. J. (population 450,000) for $300.00, and Washington,
D. C. (population 490,000) for $300.00.

Mr. Jones has given me many headaches in connection with
his agreement for this play, and I frankly admit I have been
waiting patiently to catch up with him. He owes you $175.00
from the advance payment made in September 1935, and he owes me
commissions amounting to nearly $400.00. It never was intended
when he was cut in for thirty-five percent of your royalties
that I should have my commission reduced from the ten percent
you agreed to pay me to six and one-half percent. It was for
that reason that I made the letter agreement covering his par-
ticipation in the royalties read, "thirty-five percent of the
net royalties earned by Langston Hughes from the play." But
I never could get my hands on his share so to collect my com-
mission on it, and he just ignored all my demands.

I have filed a formal claim with the Guild against any
moneys now due or hereafter to become due Jones from perfor-
mances of your play until my commissions have been paid in
full. I now urge you to file with the Guild a formal claim,
sending it by registered mail, for what is due you for there
is no telling what trick Jones will resort to to prevent you
from collecting this $175 and the entire amount (less credit
to him for his thirty-five percent interest) from the Boston
production. Jones may arrange with other creditors, or dummy
creditors, to file a claim ahead of yours. I have prepared a
letter, which I enclose, the form of which you may follow or
not as your wish, but which I think you should forward to the
Guild without delay, and by registered post. I took this step
to protect my interests and feel you should do the same. Need-
less to say my claim will wait until you have been paid in full.

With kind regards,

Sincerely,

John W. Rumsey

Hotel Grand,
5044 South Parkway,
Chicago, Illinois,
June 17, 1940.

Mr. John W. Rumsey,
American Play Company,
522 Fifth Avenue,
New York, New York.

Dear Mr. Rumsey,

Your letters finally reached me weeks late. They had gone to
a California address where I had not been for nearly two years,
then back to New York, and finally caught up with me here in
Chicago at the completion of my lecture tour.

I am turning them all over to Maxim Lieber who has been handling
all my literary affairs for the past ten years except MULATTO.
And who took that over when you became inactive, in so far as he
could, lacking statements, etc., which we've all always had
trouble getting. I trust you/cooperate with Mr. Lieber in every
way possible in settling past accounts as well as current ones.

I would be delighted to call for an arbitration if that would aid
us in settling and straightening out matters. I certainly hope
you receive your commissions, the guild its dues, and me mine.
How pleasant that would be.

With very best regards to you,

Telephones
VANDERBILT 6-0768
6-0879

MEMBER OF THE INCORPORATED SOCIETY OF AUTHOR'S REPRESENTATIVES

AMERICAN PLAY COMPANY
Representing American and Foreign Authors

Cable Address
AMPLACO

522 FIFTH AVENUE

NEW YORK CITY

JOHN W. RUMSEY
President

September 25, 1940.

Mr. Langston Hughes,
Hotel Grand,
5044 South Parkway, Chicagomills.

Dear Mr. Hughes:-

At the suggestion of Maxim Lieber I am
sending you the enclosed five (5) copies of a revised
complaint in our arbitration action to compel Marjones
Production, Inc. to pay what he owes you. As he has
no doubt advised you I have kept in touch with Mr.
Lieber all along and he agreed with me we would have
to postpone proceeding with this arbitration until after
the summer holidays. I understand you will select Albert
Maltz as your arbitrator and he was in California during
the summer. I have a great many witnesses but I found
it impossible to get them together at the same time un-
til after Labor Day. I spent some of the time during
July and August writing the various towns where "Mulatto"
had been played to get additional information as to dates,
etc. and have consulted with all those who were responsible
for the productions with the exception of two, Alan Moore
and Hurst Amyx. I have therefore re-written the complaint
to make it conform with the information we now have. Will
you please sign and return all five copies in the envelope
enclosed.

I caught an announcement of a production of your play
at the Flatbush Theatre, Brooklyn, Sept. 2nd. I picked it
up on August 27th and notified the producers, Wee & Leventhal
of your sole ownership. They told me they had made an agree-
ment with Martin Jones to pay $50.00 per week for the use
of the play, and to pay him $100 per week for his personal
services as director. I also notified Jones. He telephoned
me the next morning, and informed me he had heard nothing
from the Guild since December 1938, had not been notified
of the termination of his rights as of Feb. 22, 1940, and
wanted to know "what all the trouble is about." There was
nothing I could do to stop the Flatbush production but I
allowed it to go on with the distinct understanding that
Wee & Leventhal would pay the royalty direct to the Guild,
and this they did, and also for the next week at the Bronx
Theatre. My arrangement with these people was that there-
after they should deal with me and they could have the play
at a fair price, say $150.00 per week or better according

TO Mr. Langston Hughes.

PAGE No.2-Sept.25,1940.

to the size of the city. Am sorry to say they have shown
no interest since the Bronx production.

Jones is now in a tangle with the Guild over this
because he wants to produce another play and they will
not let him go ahead unless he pays you in full or puts
up a bond of $1500 to guarantee the payment of royalties
on the new play/ He has turned the matter over to a lawyer
who writes silly letters which indicate he knows nothing
about the facts, and he is urging a speedy arbitration
of your claim. I wrote him on Sept.14th that if he could
induce his client to furnish us with the details of dates
and royalty paid for Bridgeport, Hartford, Worcester, Pough-
keepsie, Allentown and the Majestic Theatre, Brooklyn, we
would proceed with lightening speed. His only reply to
that came this morning, but he gives no information, so we
must go ahead.

Ans. 2/28/41---% arranged by Rumsey. Contracts speak for them
selves. All, Guild, Lieber, you, know they have not been
fulfilled. (COPY sent to Douglas, Lieber)

Telephones
VANDerbilt 6-0768
6-0879

Cable Address
AMPLACO

522 FIFTH AVENUE

NEW YORK CITY

JOHN W. RUMSEY
President

February 26th, 1941.

Mr. Langston Hughes,
Hollow Hills Farm,
Monterey, California.

Dear Mr. Hughes:-

I am sorry to learn from Albert Maltz, whom I saw yesterday, that you have been ill, and hope that this finds you completely recovered.

The second hearing of our arbitration against Marjones took place yesterday, lasting from 2 until 6, and was adjourned until next Tuesday. The other side is only able to defend itself by doing everything possible to confuse the arbitrators, that is, when it is not trying to make me out a liar. One minute they claim they should not be asked to pay for these many performances because the play was a flop, (their own words) and in the next breath they justify Jones' participation in the royalties to the extent of 35% because he did "such wonderful things to the play."

Jones yesterday made the statement that you were so appreciative of what he did to your play that you promised him as much as forty-five (45%) percent, but that you reneged on this. Of course I know nothing about this, but I do know that when Jones formally takes the stand at the next hearing he is going into great detail of what he did for you so that you were able to earn around $6000 from the play, a point they keep throwing at the arbitrators every few minutes. I now know they have a copy of your original script, and a copy of the version used by Jones, and I suspect they are going to dwell at length on what he did. They displayed the copies yesterday, showing the thickness of each, and implied the arbitrators would hear more about the matter later on. They did not know that I had with me a copy of your original script, and a copy of the version used, a copy Jones sent to me, and that yours has 71 pages of dialogue and Jones' has 72½ pages.

Now if you are up to it will you be good enough

TO Mr. Langston Hughes.

PAGE #2-Feby.26, 1941.

to drop me a line and let me know if there is
any truth in Jones' statement that you were to
allow him forty-five (45%) percent. He has a
lawyer who depends entirely upon discrediting
his opponent, and he has been taking shots at you
with statements that you had no play, and that
if it were not for all the fine work Jones did
on it (for which he only gets 35%) the play would
have closed after the first week. Well, all of this
does not alter the fact that there exists a con-
tract and he must live up to it. But it would help
my side a little if I could offset some of his wild
statements with information to the contrary, so if
you will let me know the truth about the 45% incident
I will appreciate it. I am fighting for about
$1000, less $370.00 we acknowledge in credits.

I have an idea that next Tuesday should see
the finish of this. It is the longest arbitration
I have ever been connected with.

BEATRICE RUMSEY,
American Play Company,
33 Weat 42nd Street,
New York, New York.

According to past advice of Dramatists Guild and Mr. Rumsey
complete settlement would be best rather than waiving stop
but I am willing to accept whatever settlement you and Maxim
Lieber agree upon as being wise and fair both to Jones and
myself providing it meets approval of Guild

Langston Hughes