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

HENRY A. HUBMAN
Manager Motion Picture Department

MARCH 26TH, 1934.

MR. LANGSTON HUGHES,
P. O. Box 1582,
CARMEL, CALIFORNIA.

DEAR MR. HUGHES:

HAVE YOU DONE ANYTHING WITH YOUR PLAY ENTITLED MULATTO,
A COPY OF WHICH YOU LEFT WITH US SOME TIME AGO? AT THAT TIME I HAD
SOMEONE ELSE IN CHARGE OF OUR NEW PLAY DEPARTMENT, AND HAVE ONLY RECENTLY
TAKEN CHARGE OF IT MYSELF.

I CONSIDER MULATTO ONE OF THE MOST INTERESTING AS WELL AS
ONE OF THE BEST CONSTRUCTED AND WELL WRITTEN PLAYS I HAVE COME ACROSS IN
A LONG TIME. UNFORTUNATELY I CONSIDER THE SUBJECT A DIFFICULT ONE TO
HANDLE FOR PLAY PURPOSES. I CANNOT IMAGINE ANY PRODUCER READING THIS
PLAY WHO WON'T IMMEDIATELY WANT TO READ SOMETHING ELSE THAT YOU HAVE
WRITTEN.

IF YOU HAVE NOT PLACED MULATTO I WOULD LIKE TO BE PER-
MITTED TO TRY AND DO SOMETHING WITH IT HERE, ALTHOUGH I AM AFRAID THE
MARKET IS VERY LIMITED. MOST PRODUCERS ARE AFRAID TO PRESENT A PLAY
DEALING WITH THIS SUBJECT ALTHOUGH THERE IS A CHANCE I MAY BE ABLE TO
FIND SOMEONE WITH COURAGE ENOUGH TO DO IT.

MAY I HEAR FROM YOU?

JWR
AR

Telephone:
L'Ongacre 5-3301

Cable Address
AMPLACO

AMERICAN PLAY COMPANY, INC.

33 WEST 42nd STREET

NEW YORK CITY

JOHN W. RUMSEY
President

APRIL 26TH, 1934.

MR. LANGSTON HUGHES,
P.O. Box 1582,
CARMEL, CALIFORNIA.

DEAR MR. HUGHES:

I HAVE YOUR LETTER OF APRIL 19TH. MY ADVICE TO YOU IS TO ENTER INTO AN ARRANGEMENT WITH THE WAYFARERS IN SAN FRANCISCO FOR A PRODUCTION OF YOUR PLAY "MULATTO," WITHOUT PAYMENT OF ROYALTIES, BUT WITHOUT COMMITTING YOURSELF TO ANYTHING OTHER THAN A PRODUCTION FOR ONE OR TWO NIGHTS, AS YOU MAY WISH. SO LONG AS IT IS AN AMATEUR ORGANIZATION, AND NO ROYALTIES ARE BEING PAID, THERE IS NO REASON WHY YOU SHOULD GIVE AN OPTION FOR A REGULAR FIRST CLASS THEATRE PRODUCTION. IF YOU SHOULD DO SO YOU WOULD ONLY BE COMPLICATING MATTERS FOR YOURSELF FOR YOU WOULD LOSE IN A CERTAIN SENSE YOUR CONTROL OF THE PLAY. IF YOU SHOULD GIVE THE WAYFARERS AN OPTION THEY SHOULD PAY FOR IT. IF THEY FINALLY TAKE THE OPTION UP THEY THEMSELVES WOULD NOT MAKE THE FIRST CLASS THEATRE PRODUCTION BUT WOULD NATURALLY NEGOTIATE WITH SOME OF THE BETTER KNOWN PRODUCERS. IF ANYTHING RESULTED FROM THESE NEGOTIATIONS YOU WOULD FIND YOURSELF DEALING THROUGH A GROUP OF AMATEURS AND EVENTUALLY THE SITUATION WOULD BE DIFFICULT FOR YOU. THE AUTHOR, ESPECIALLY ONE WHO CAN WRITE SUCH A GOOD PLAY AS YOU HAVE IN "MULATTO," SHOULD ALWAYS BE IN A POSITION TO CONTROL HIS OWN WORK.

I THINK SO WELL OF "MULATTO" THAT I AM SUBMITTING IT TO EVERY FIRST CLASS MANAGER, THIS SUBMISSION BEING BACK UP BY MY OWN PERSONAL ENTHUSIASM IN EACH CASE.

I CERTAINLY HOPE YOU WILL GIVE ME A CHANCE TO READ YOUR NEXT PLAY. YOU HAVE NO IDEA HOW MANY PEOPLE I HAVE TALKED ABOUT THE WORK THAT YOU HAVE DONE ON "MULATTO." I MET MR. D. L. JAMES OF KANSAS CITY LAST SATURDAY AND TALKED TO HIM ABOUT IT AND WAS SURPRISED TO LEARN THAT HE HAD MET YOU, THAT HE KNEW YOU QUITE WELL.

IF YOU WISH ME TO PREPARE FOR YOU A SHORT FORM OF AN AGREEMENT BETWEEN YOURSELF AND THE WAYFARERS SO THAT YOUR RIGHTS BE DEFINITELY PROTECTED, PLEASE ADVISE ME AND I WILL BE GLAD TO DO IT FOR YOU.

WITH KINDEST REGARDS,

JWR
AR

YOURS SINCERELY,

Telephone:
L'Ongacre 5-3301

Cable Address
AMPLACO

AMERICAN PLAY COMPANY, INC.

33 WEST 42nd STREET

NEW YORK CITY

JOHN W. RUMSEY
President

JUNE 28TH, 1934.

DEAR MR. HUGHES:

I WOULD NOT LIKE TO BUILD UP YOUR HOPES REGARDING "MULATTO" AND THEN HAVE YOU DISAPPOINTED, BUT I CANNOT HELP WRITING YOU THAT CHESTER ERSKIN IS EVEN MORE ENTHUSIASTIC ABOUT IT THAN I AM. I HAD DINNER WITH HIM THE OTHER NIGHT AND TOLD HIM ABOUT THE PLAY, WITH THE RESULT HE ASKED ME TO SEND HIM A COPY OF IT. HE HAS JUST TELEPHONED ME THAT HE THINKS IT IS ONE OF THE BEST WRITTEN PLAYS HE HAS COME ACROSS IN A LONG TIME, ALTHOUGH IT IS NOT WHAT WE CALL "BOX-OFFICE." HE DOUBTS VERY MUCH WHETHER IT WOULD HAVE A RUN OF MORE THAN THREE WEEKS, BUT CLAIMS THAT HE WOULD GET A KICK OUT OF PRODUCING IT. HE HAS ALREADY TAKEN THE MATTER UP WITH HIS FINANCIAL BACKERS AND AS THE MATTER STANDS AT THIS MOMENT THERE IS A CHANCE THAT I MAY TELEGRAPH YOU REGARDING TERMS. I HAVE AN IDEA THAT YOU WILL BE ASKED TO TAKE LESS THAN THE USUAL TERMS OF $500 ADVANCE ON ACCOUNT OF 5% OF THE FIRST $5000, 7 1/2% OF THE NEXT $2000 AND 10% ON ALL OVER. OF COURSE I WILL DO THE VERY BEST I CAN.

IN THE MEANTIME, JUST IN CASE ANYTHING HAPPENS, I WISH YOU WOULD LET ME KNOW IF YOU HAVE DONE ANYTHING WITH ANYONE ELSE THAT MIGHT INTERFERE WITH A CONTRACT WITH MR. ERSKIN. UNDER THE MINIMUM BASIC AGREEMENT OF THE DRAMATISTS GUILD MR. ERSKIN WOULD BE ENTITLED TO ACQUIRE THE EXCLUSIVE RIGHTS TO THE UNITED STATES AND CANADA.

WITH KINDEST REGARDS,

JWR
AR

Telephone:
L'Ongacre 5-3301

Cable Address
AMPLACO

AMERICAN PLAY COMPANY, INC.

33 WEST 42nd STREET

NEW YORK CITY

JOHN W. RUMSEY
President

JUNE 4TH, 1935

DEAR MR. HUGHES:-

I PRESUME THAT YOU HAVE TAKEN IT FOR GRANTED THAT I HAVE FORGOTTEN ALL ABOUT YOUR PLAY "MULATTO." FOR SOME TIME I HAVE BEEN UNDER THE IMPRESSION THAT MR. CHESTER ERSKIN WOULD MAKE SOME SORT OF A CONTRACT WITH YOU TO PRODUCE THIS PLAY HERE IN NEW YORK. HE DEFINITELY TOLD ME THAT HE WANTED TO DO IT BUT EVIDENTLY HIS MOTION PICTURE ACTIVITIES HAVE MADE THIS IMPOSSIBLE, ESPECIALLY AS BOTH HIS THEATRICAL AND MOTION PICTURE VENTURES ARE FINANCED BY OTHER PEOPLE.

I HAVE INTERESTED A MR. MARTIN JONES, WHO HAS A STOCK COMPANY AT DOBBS FERRY, NEW YORK. HE WOULD LIKE TO TRY THE PLAY OUT FOR ONE WEEK, PAYING NO ROYALTY. THE WHOLE IDEA BEING TO SEE JUST HOW THE PLAY WILL BE ACCEPTED, AND FROM THIS PARTICULAR TRY OUT PRODUCTION, WHAT ITS POSSIBILITIES ARE FOR A REGULAR PRODUCTION IN NEW YORK CITY.

DOBBS FERRY IS ABOUT FORTY FIVE MINUTES FROM NEW YORK CITY, AND IT IS POSSIBLE TO HAVE ALL THE NEW YORK PRODUCING MANAGERS AT THE OPENING PERFORMANCE OR SUBSEQUENT PERFORMANCES DURING THE WEEK TO LOOK AT THE PLAY.

MR. JONES IS RUNNING A REGULAR SUMMER STOCK COMPANY AT DOBBS FERRY BUT PLANS TO PRODUCE ABOUT THREE NEW PLAYS. ARE YOU WILLING TO ALLOW HIM TO PRODUCE YOUR PLAY IN THIS WAY. AS I HAVE ALREADY INDICATED IT WILL BE A TRY-OUT PRODUCTION FOR ONE WEEK ONLY. IT IS CUSTOMARY TO GIVE SUCH A MANAGER AN OPTION TO CONTRACT FOR THE REGULAR PRODUCING RIGHTS OF THE PLAY, SAID OPTION TO BE EXERCISED NOT LATER THAN FOURTEEN DAYS AFTER THE TRY-OUT PRODUCTION. IF HE SHOULD TAKE UP THIS OPTION THEN HE WOULD ENTER INTO A REGULAR MINIMUM BASIC AGREEMENT WITH YOU IN WHICH HE WOULD AGREE TO GIVE THE PLAY A FIRST CLASS PRODUCTION WITHIN SIX MONTHS FROM DATE OF CONTRACT.

I WILL APPRECIATE IT IF YOU WILL LET ME KNOW IF YOU ARE WILLING TO NEGOTIATE AN AGREEMENT ALONG THE TERMS AND CONDITIONS OUTLINED ABOVE. IN VIEW OF THE PECULIAR CONDITIONS EXISTING IN THE THEATRICAL BUSINESS HERE TODAY, I THINK IT WOULD BE A VERY GOOD IDEA

Telephone:
L'Ongacre 5-3301

Cable Address
AMPLACO

AMERICAN PLAY COMPANY, INC.

33 WEST 42nd STREET

NEW YORK CITY

JOHN W. RUMSEY
President

AUGUST 9TH, 1935

MR. LANGSTON HUGHES,
CARMEL, CALIFORNIA.

DEAR MR. HUGHES:-

"MULATTO" WAS PRODUCED AT THE WASHINGTON THEATRE, DOBBS FERRY, NEW YORK, ON WEDNESDAY NIGHT, AND I SAW IT LAST NIGHT. IN SPITE OF A VERY AMATEURISH PRODUCTION, CAST AND DIRECTION, THE STRONG DRAMATIC FEATURES OF THE PLOT HELD THE AUDIENCE. UNFORTUNATELY THE WOMAN WHO PLAY'S "CORA" GAVE AN INTERPRETATION THAT IN MY OPINION WAS AS MUCH LIKE "CORA" AS YOU WROTE HER, AS DAY IS LIKE NIGHT. IT WOULD BE A WASTE OF TIME TO DWELL ON THE ACTING OR THE DIRECTION FOR IN THE EVENT THE PLAY IS PRODUCED IN NEW YORK CITY AS A FIRST CLASS PRODUCTION THE CAST AND DIRECTION WOULD BE SOMETHING ENTIRELY DIFFERENT.

THE PLAY NEEDS "POINTING UP," AND IT NEEDS LENGTHENING. A LITTLE CAN BE DONE IN THE FIRST ACT AND MORE IN THE SECOND AND THIRD. THE THIRD ACT IS PARTICULARLY WEAK, AND EVEN A VERY FINE ACTRESS PLAYING "CORA" WOULD HAVE HER WORK CUT OUT TO MAKE IT SATISFACTORY.

NO MATTER WHAT IS DONE WITH THE PLAY IN THE WAY OF RE-WRITING, IT WILL STILL, OF COURSE, BE STARK, BRUTAL DRAMA, AND PROPERLY DONE SHOULD HOLD ANY AUDIENCE ALTHOUGH YOU KNOW IT WILL NOT BE A POPULAR PLAY. HAVE YOU THOUGHT OF RE-WRITING THE PLAY, AND HAVE YOU ANY IDEAS ON THE SUBJECT? IF NOT, WOULD YOU PERMIT SOME RE-WRITING TO BE DONE BY A NEW YORK DRAMATIST WHO WOULD, OF COURSE, HAVE TO BE COMPENSATED FOR HIS WORK OUT OF YOUR ROYALTIES? I DO NOT KNOW WHO COULD OR WOULD DO THE WORK BUT IF IT MEETS WITH YOUR APPROVAL I WILL SEE WHAT CAN BE DONE.

CHESTER ERSKIN IS THE ONE PRODUCER WHO HAS SHOWN A VERY STRONG INTEREST IN THIS PLAY, AND I AM TRYING THIS MORNING TO GET HIM TO GO AND SEE IT TONIGHT. IF HE FEELS AS I DO I THINK HE WILL TAKE AN INTEREST IN THE PLAY WITH MARTIN JONES, THE MAN WHO PRODUCED IT AT DOBBS FERRY.

212 S. Pleasant St.,
Oberlin, Ohio,

November 22, 1935.

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

Dear Mr. Rumsey,

Any news yet concerning the receipts of MULATTO? It's been on
about a month now, and I've had no repart so far.

I'm working on a new play that I hope will be better, and have
less inter-racial business in it, and therefore probably a wider
appeal. I hope to have it finished by the New Year.

Until further notice, you may address me at the above address.

(COPY)

212 S. Pleasant Street,
Oberlin, Ohio,

December 4, 1935.

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

Gentlemen:

Since I've written you twice within the last month and have received
no answer of any kind from you concerning my play MULATTO now at the
Vanderbilt in its sixth week, and since I've had no statements from
the play since it opened—being under the impression that it was
your business to secure these for me—and thinking that perhaps Mr.
Hunsey may be ill and out of the office, but since no one else there
seems to answer letters, I've written my friend Arthur Spingarn at
36 West 44th Street and asked him to get in touch with you and secure
some information for me, and get me the box office statements of the
theatre. Otherwise, how am I to know what the play is making, when
the advance has been covered, and when further monies will be due me?
I would very much appreciate some direct word from you.

Telephone:
L'Ongacre 5-3301

Cable Address
AMPLACO

AMERICAN PLAY COMPANY, INC.

33 WEST 42nd STREET

NEW YORK CITY

JOHN W. RUMSEY
President

DECEMBER 5TH, 1935

MR. LANGSTON HUGHES,
212 So. PLEASANT STREET,
OBERLIN, OHIO.

DEAR MR. HUGHES:--

I AM SORRY TO HAVE TO REPORT THAT MR. JONES HAS BEEN MOST UNTKIND IN HIS TREATMENT OF YOU, AND ALSO THIS OFFICE, WITH RESPECT TO THE BOX OFFICE STATEMENTS SHOWING THE FINANCIAL RESULT OF HIS PRODUCTION OF YOUR PLAY "MULATTO." I HAVE BEEN AFTER HIM SINCE THE EARLY PART OF NOVEMBER, AND HE HAS PROMISED AGAIN AND AGAIN TO SEND ME THESE STATEMENTS. I HAVE SENT HIM SEVERAL LETTERS ON THE SUBJECT, BESIDES TALKING TO HIM ON THE TELEPHONE. I HAD TO SEND HIM A VERY SHARP LETTER THIS MORNING WITH THE RESULT THAT HE HAS SENT ME THE ENCLOSED BOX OFFICE STATEMENTS DOWN TO NOVEMBER 30TH. HE SEEMED TO THINK THAT BECAUSE THERE WAS NO MONEY DUE YOU THAT IT WAS NOT NECESSARY TO SEND BOX OFFICE STATEMENTS, AND THIS IN SPITE OF THE FACT THAT I TOLD HIM THAT THE BOX OFFICE STATEMENTS MUST COME ALONG REGARDLESS OF WHETHER OR NOT THERE WAS ANY ROYALTY TO BE PAID.

I AM EXTREMELY SORRY THAT YOU HAVE HAD TO WAIT SO LONG FOR THESE STATEMENTS. YOU WILL APPRECIATE MY POSITION WHEN I SAY THAT MR. JONES HAS GIVEN ME NO END OF TROUBLE, TAKEN A GREAT DEAL OF MY TIME, WHEN HE COULD SO EASILY HAVE COMPLIED WITH MY REQUEST WHEN I FIRST MADE IT SOME WEEKS AGO.

YOU WILL NOTICE THAT THE BUSINESS HAS STEADILY INCREASED UNTIL NOVEMBER 30TH. DURING THE CURRENT WEEK I UNDERSTAND THAT THE BUSINESS HAS FALLEN OFF, BUT SO IT HAS IN NEARLY EVERY OTHER THEATRE EXCEPT THOSE HAVING SENSATIONAL HITS LIKE "DEAD END" AND "BOY MEETS GIRL." CHRISTMAS TIME IS APPROACHING AND THE PUBLIC IS SAVING ITS MONEY FOR CHRISTMAS PRESENTS.

WITH KINDEST REGARDS AND MY DEEPEST REGRETS FOR THE TROUBLE YOU HAVE BEEN PUT TO.

JWR:B

Telephone:
Longacre 5-3301

Cable Address
AMPLACO

AMERICAN PLAY COMPANY, INC.

33 WEST 42nd STREET

NEW YORK CITY

JOHN W. RUMSEY
President

December 6th, 1935.

Mr. Langston Hughes,
212 South Pleasant Street,
Oberlin, Ohio.

Dear Mr. Hughes:-

I received this morning your registered letter about
the "Mullato" box office statements, and immediately telegraphed you that
they had been mailed early this morning.

I am not complaining, but I had to send to Mr. Jones' office three
times yesterday. I sent him a stiff letter by hand and my office boy came
back with an envelope containing the box offices statements to November 30th
but with the week of November 23rd missing. I sent him back and he brought
back the missing statements but they included two for the matinee perfor-
mance of November 22nd and no statement for the night performance of that
date. This meant I had to send him back again, and I was plenty mad at
Mr. Jones because we were anxious to get the statements off to you yesterday
afternoon, whereas he delayed us so that we could not mail them until this
morning.

Again I want to say how sorry I am about this. It has not happened
to this office in years, not since we used to do business with the Shuberts.

With kindest regards,

Telephone:
L.Ongacre 5-3301

Cable Address
AMPLACO

AMERICAN PLAY COMPANY, INC.

33 WEST 42nd STREET

NEW YORK CITY

JOHN W. RUMSEY
President

December 6th, 1935.

Mr. Arthur B. Spingarn,
36 West 44th Street,
New York City.

Dear Mr. Spingarn:-

The box office statements covering performances of "Mullato" by Langton Hughes, from the opening performance October 24th down to November 30th have been mailed to Mr. Hughes.

I know all about the rules of the Dramatists Guild, and the Minimum Basic Contract, and the obligation of Mr. Jones and also this office to Mr. Hughes. But this is a crazy business and it is not possible to put a gun at a man's head and force him to do things with the result I was depending upon promises made to me every other day by Mr. Jones to send these statements. I am not complaining when I say that yesterday I had to send to his office three times to get the statements, and each time my boy was kept waiting so that practically his entire day was given up to this job. On his first trip he brought back an envelope containing the statements down to November 30th, but with the week of November 23rd missing. We sent him back and when he brought the week of November 23rd the statements had two for the matinee performance of November 23rd and no statement for that night. This meant a third trip because we were anxious to get these statements off to Mr. Hughes last night.

I have written Mr. Hughes about the matter, explaining this difficulty, and I have also written to Miss Sillcox of the Dramatists Guild. This is the first time this sort of thing has happened to us in many years.

There is still a balance of about $27.00 to be earned off the advance payment this week, and then if Mr. Jones keeps the play going checks for royalty will go forward to Mr. Hughes.

With kindest regards,

December 12th, 1935.

Re MULATTO

Mr. John W. Rumsey,

c/o The American Play Company, Inc.,

33 West 42nd Street, N. Y. City.

Dear Mr. Rumsey:-

Langston Hughes has forwarded to me the statements
of the box office receipts which you sent to him. From
these it appears that for the week ending November 30th,
there was an unearned balance of royalties of $26.67.
It is obvious from this that for the following weeks there
are royalties due.

I wish you would keep after the producer and see
that statements and royalty checks are forthcoming promptly.

Sincerely yours,

212 S. Pleasant Street,
Oberlin, Ohio,
December 26, 1935.

Dear Mr. Rumsey,

Thank you for your letter of December 19th enclosing statements of MULATTO for the weeks ending December 7th and 14th, and for your Yuletide message. I would appreciate immensely receiving a check for the amount due me this week by air-mail as I am quite broke just now. I trust you have gotten the money from Mr. Jones by this time. Too bad he is so difficult to deal with in regard to so small an amount of money.

My literary agent, Maxim Lieber, at the suggestion or rather authorization of Arthur Spingarn, has offered to act as my personal representative while I am away from New York, and to see if he cannot help us in getting regular weekly statements and checks when due from Mr. Martin Jones. Since he writes me frequently in regard to other work of mine that he is handling, he can at least keep me informed as to what is going on. If you wish to, you may send all future statements and monies due me directly to Maxim Lieber, 545 Fifth Avenue, New York, which would probably be more convenient for both you and myself.

Is there any truth in the report as published in yesterday's N.Y. Daily Mirror (December 25) regarding a production of MULATTO in Mexico City early in January under the management of Elias Alamaya? When I was down there last winter German Cueto, director of one of the government theatres was anxious to have me do a play for them.

In case MULATTO continues to run and Mr. Jones continues to be difficult, do you not think I had better write the Dramatists Guild about it? If it is hard to collect a small amount from him, it will hardly be any less hard should the amount grow bigger. If there is money due me at the moment, I need it, and soon, since people to whom I owe money myself, seeing my play continuing its run in New York, naturally think I ought to begin to pay them from what I am making. (?) (x) (!)

With very best holiday wishes to you,

December 30, 1935.

Dear Mr. Rumsey,

Thank you for statements for MULATTO for the week ending December 31st. I am sorry we have so far been unable to get a check from Mr. Jones. I am sure he must pay the cast and the stage hands. I see no reason, therefore, if he wishes to keep the play running, why he should not also pay the author the small weekly amounts which the statements show as being due. Since the check for $88.50 which you had expected to send me last week did not arrive, on Saturday afternoon I wrote the Dramatists' Guild, explaining the case to them. If Mr. Jones were a poor producer struggling along in the name of Art, the case would be quite different, and I would be willing to waive royalties—but Mr. Jones is hardly conducting an art theatre at the Vanderbilt, is he?

Rowena Jelliffe, director of the Gilpin Players in Cleveland writes me that sometime ago she was asking you if MULATTO were available for a Cleveland presentation, by her players. She says she has had no answer, and has therefore written you again.

Is there any truth to the report published in the MIRROR that the rights for a Mexican translation and production have been arranged?

With best wishes for a happy New Year to you,

27

Telephone:
L'Ongacre 5-3301

Cable Address
AMPLACO

AMERICAN PLAY COMPANY, INC.

33 WEST 42nd STREET

NEW YORK CITY

JOHN W. RUMSEY
President

JANUARY 2ND, 1936

MR. LANGSTON HUGHES,
212 S. PLEASANT STREET,
OBERLIN, OHIO.

DEAR MR. HUGHES:-

I HAVE MADE REPEATED DEMANDS UPON MR. MARTIN JONES FOR THE PAYMENT OF ROYALTY DUE YOU IN ACCORDANCE WITH STATEMENTS RENDERED TO YOU UP TO AND INCLUDING DECEMBER 21ST. I WAS AT FIRST QUITE EMBARRASSED BY THE FACT THAT IT WAS NECESSARY TO CALL IN A RIVAL AGENT TO HELP ME IN A MATTER WHICH FROM MY LONG EXPERIENCE AS AN AGENT I SHOULD HAVE BEEN QUITE CAPABLE OF TAKING CARE OF MYSELF. I AM FURTHER EMBARRASSED BY A STATEMENT FROM MR. JONES THAT HE HAS BEEN VISITED BY MR. SPINGARN AND MR. LIEBNER, AND THAT AFTER HE HAD EXPLAINED HIS FINANCIAL SITUATION TO THEM, TO THE EFFECT THAT HE WAS NOT PREPARED TO PAY THIS ROYALTY, HE WAS ADVISED BY THEM THAT IT WAS NOT NECESSARY FOR HIM TO "RUSH THE MATTER." THIS IS THE SORT OF TROUBLE WE MAY EXPECT WHEN THERE ARE "TOO MANY COOKS." I AM INSISTING THAT MR. JONES PAY THIS ROYALTY BUT IF MR. SPINGARN AND MR. LIEBNER ARE TEMPORIZING WITH HIM THEN I AM NOT GOING TO BE OF MUCH HELP TO YOU.

THE DRAMATISTS GUILD HAS TODAY RECEIVED A LETTER FROM YOU ON THIS SUBJECT. I HAVE EXACTED FROM THE SECRETARY OF THE GUILD A PROMISE THAT HE WILL WRITE A VERY SHARP LETTER TO MR. JONES TODAY SO THAT IT WILL ARRIVE AT HIS OFFICE TOMORROW MORNING AT THE SAME TIME HE RECEIVES ANOTHER SHARP LETTER FROM ME.

I HOPE YOU WILL NOT MIND WHEN I TELL YOU THAT WHEN I LAST WROTE MR. JONES I TOOK THE LIBERTY OF QUOTING CERTAIN SECTIONS OF YOUR LETTER OF DECEMBER 26TH FROM WHICH QUOTATIONS HE COULD SEE THAT IT WAS IMPORTANT THAT THIS MONEY BE SENT TO YOU AT ONCE.

I HOPE YOU DO NOT THINK THAT THIS IS A SMALL MATTER SO FAR AS THIS OFFICE IS CONCERNED. IT WAS UNDERSTOOD AT THE TIME THAT MR. JONES PAID $500.00 ADVANCE THAT THE PERSON WHO WAS TO REWRITE THE PLAY WAS TO BE PAID 25% OF THE ROYALTIES. THE RESULT WAS THAT WE PAID MR. JONES 25% OF $450.00 NET ADVANCE ROYALTY, OR EXACTLY $112.50. UNTIL AND UNLESS MR. JONES PAYS THE ROYALTY THAT IS NOW DUE I HAVE NO CHANCE OF RECOVERING THE $112.50 I PAID HIM BECAUSE WHEN YOU AGREED THAT HE SHOULD BE PAID 35% FOR REWRITING THE PLAY IT WAS UNDERSTOOD THAT THIS WAS TO COME TO HIM AFTER YOU HAD RECOVERED THE $500.00 ADVANCE. IN OTHER WORDS THE AMERICAN PLAY COMPANY IS AT THIS MOMENT OUT OF POCKET $112.50, AND I AM TRYING TO GET IT FROM MR. JONES AT THE SAME TIME. I AM TRYING TO GET YOUR ROYALTIES.

Telephone:
L'Ongacre 5-3301

Cable Address
AMPLACO

AMERICAN PLAY COMPANY, INC.

33 WEST 42nd STREET

NEW YORK CITY

JOHN W. RUMSEY
President

JANUARY 6TH, 1936

DEAR MR. HUGHES:-

MARTIN JONES TELEPHONED ME ON SATURDAY MORNING THAT HE HAD "SETTLED WITH MR. HUGHES FOR $120.00." I HAVE JUST TALKED TO MR. LIEBER AND HE IS UNABLE TO CONFIRM THIS IN FULL. UP TO AND INCLUDING DECEMBER 21ST, MR. JONES OWED A TOTAL OF $216.67, OF WHICH AMOUNT YOUR SHARE WAS $140.83, AND HIS SHARE WAS $75.84. IF HE HAD PAID US THIS MONEY IN ACCORDANCE WITH THE CONTRACT WE WOULD HAVE CREDITED HIS SHARE AGAINST THE $112.50 WE HAVE ALREADY PAID HIM.

I POINTED OUT TO MR. LIEBER, AND ALSO TO MR. JONES, THAT THE MINIMUM BASIC AGREEMENT THAT YOU SIGNED CAN NOT BE CHANGED EXCEPT IN WRITING BY BOTH PARTIES TO THE AGREEMENT. MR. LIEBER AND MYSELF PROPOSE TO SEE MR. JONES AND ARRANGE TO HAVE THE MATTER HANDLED IN A PROPER WAY. HOWEVER, IT IS BEST THAT WE FIRST HEAR FROM YOU AS TO YOUR UNDERSTANDING OF THE ARRANGEMENT, AND WHEN WE ARE SURE OF WHAT THE CHANGES ARE WE WILL DRAW UP THE NECESSARY MODIFICATION OF THE AGREEMENT, HAVE IT SIGNED BY YOU AND MR. JONES, AND SEND A COPY OF IT TO THE DRAMATISTS GUILD.

MR. JONES ACTED IN A VERY UNETHICAL WAY WHEN HE COMMUNICATED WITH YOU DIRECT REGARDING WAIVING THE ROYALTIES. CONSIDERING HOW MUCH TROUBLE HE HAS PUT ME TO HE COULD HAVE AT LEAST TAKEN SOME NOTICE OF MY POSITION IN THE MATTER.

I THINK I WROTE YOU LAST YEAR, OR AT LEAST I TOLD YOU WHEN YOU WERE IN THE OFFICE, THAT MR. JONES HAS GIVEN ME EVIDENCE OF A VERY STRONG FINANCIAL POSITION. HE HAD $75,000 TO START WITH AND A CALL ON ANOTHER $25,000. HE BOUGHT ANOTHER PLAY FROM ME THE SAME DAY HE BOUGHT YOURS. OF COURSE, HE IS ACCOUNTING TO A CORPORATION, AND IT ANNOYS ME THAT I CAN NOT FIND OUT IF IT IS ONLY YOUR 65% OF THE ROYALTIES HE HAS MANAGED TO WAIVE OR WHETHER HE HAS ALSO WAIVED HIS SHARE OF 35%. OF COURSE, IT IS THE OLD STORY OF A MANAGER ASKING THE AUTHOR TO SHARE THE MANAGER'S LOSSES WHEN HE WOULD NEVER THINK OF OFFERING TO SHARE ANY PROFITS WITH THE AUTHOR.

MR. LIEBER STRESSED THE FACT THIS MORNING THAT HE IS SEND-
ing me a CHECK FOR $12.00 TO COVER OUR COMMISSION ON THE $120.00 PAID BY MR.
JONES. I HOPE YOU WILL NOT BE OFFENDED IF I SAY TO YOU THAT THIS IS OF VERY

January 6, 1936/ Oberlin, Ohio.

Dear Mr. Rumsey,

Mrs. Jelliffe of the Gilpin Players in Cleveland informs me that they will do MULATTO, putting it into rehearsal at once, if she can get the little theatre rights from you. If Mr. Jones is closing it in New York as his wire of last week indicates (UNLESS ROYALTIES ARE WAIVED CLOSING NOTICE WILL BE POSTED SATURDAY signed MARTIN JONES) he might not object to having it done for eight or ten performances out here. Mrs. Jelliffe says she has written you twice, but has had no answer. I believe that I mentioned it to you in my last letter, giving you her address. You may refer to Barett Clark for references regarding the Gilpin Players, if need be. They are one of the best little theatre groups in America, and the oldest and finest company of Negro players.

As to Mr. Jones and MULATTO, I don't mind in the least seeing the
show closed if he refuses to pay the monies due me, and I hope that
you or the Guild will be able to collect for me. As I wrote you, I
did not call upon Mr. Lieber as a "rival agent," I called upon him
and Mr. Spingarn in the capacity of personal friends at a time when
I could get no word from either you or Mr. Jones, and had no idea
what was happening in regard to the play, since VARIETY was my only
source of information. At that time, I did not know of Mr. Jones'
attitude, or I would certainly have appealed to the Dramatists' Guild
sooner, and you can be sure that I never gave instructions to either
Mr. Lieber or Mr. Spingarn to temporize with him. My first knowledge,
however, of Mr. Jones' true attitude came through Mr. Lieber, who
informed me that Jones refused to pay royalties and threatened to close
if I did not waive them. A few days later Mr. Jones confirmed this by
letter and followed it with the wire as copied above. I do not see
where waiving the small amount of royalties that my statements show
would be of any appreciable help to a man like Mr. Jones who had a bank
account of $100,000 before the play opened. Why in God's name would he
need my $35.00 of the week ending December 21st? Kindly collect said
$35.00 for me. And the rest also.

33

Telephone:
L'Ongacre 5-3301

Cable Address
AMPLACO

AMERICAN PLAY COMPANY, INC.

33 WEST 42nd STREET

NEW YORK CITY

JOHN W. RUMSEY
President

JANUARY 8TH, 1936

MR. LANGSTON HUGHES,
212 SOUTH PLEASANT AVENUE,
OBERLIN, OHIO.

DEAR MR. HUGHES:-

I HAVE YOUR LETTER OF JANUARY 6TH. IT IS TRUE I RECEIVED ONE LETTER FROM MRS. JELIFFE REGARDING PERFORMANCES OF "MULATTO" IN CLEVELAND. I SENT IT ON TO MR. JONES BECAUSE HE CONTROLS THE RIGHTS TO THE PLAY, AND HE ALONE, AT THIS TIME, CAN SAY WHETHER OR NOT IT SHALL BE PRODUCED BY AMATEURS IN A LARGE CITY LIKE CLEVELAND WHERE HE MAY ULTIMATELY DESIRE TO PRODUCE THE PLAY WITH THE ORIGINAL NEW YORK CAST. YESTERDAY MORNING I RECEIVED A TELEGRAM FROM MRS. JELIFFE. I SENT THIS TO MR. JONES WITH A COVERING LETTER ASKING HIM TO REPLY TO HER AT ONCE. I AGREE WITH YOU THAT INASMUCH AS HE IS THREATENING TO CLOSE THE PLAY, HE SHOULD BE GLAD TO HAVE AN OPPORTUNITY TO HAVE IT PRODUCED IN CLEVELAND OR ANY OTHER CITY WHERE SUCH DECIDED INTEREST IS SHOWN IN YOUR WORK.

SEVERAL WEEKS AGO, BEFORE I HAD RECEIVED ANY BOX OFFICE STATEMENTS FROM MR. JONES, AND WHILE I WAS TRYING TO GET THEM FROM HIM, HE INTIMATED TO ME THAT HE WOULD LIKE ME TO APPROACH YOU ON THE SUBJECT OF WAIVING YOUR ROYALTIES. I BLUNTLY TOLD HIM THAT I THOUGHT HE HAD AN AWFUL NERVE TO EVEN MENTION SUCH A THING WHEN HE WAS SO DILATORY IN COMPLYING WITH THE TERMS OF HIS AGREEMENT WITH YOU IN FAILING TO SUPPLY BOX OFFICE STATEMENTS. I ALSO TOLD HIM AT THAT TIME THAT I DEFINITELY WOULD NOT ASK YOU TO WAIVE ROYALTIES, BUT THAT IN THE INTEREST OF ALL CONCERNED I MIGHT SUGGEST A REDUCTION. HE HAS NEVER MENTIONED THE MATTER TO ME AGAIN. NEITHER DID HE TELL ME THAT HE WOULD CLOSE THE PLAY IF THE ROYALTIES WERE NOT WAIVED. I HAVE WRITTEN HIM MANY TIMES, HAVE TALKED TO HIM OVER THE TELEPHONE AND HAVE MET HIM SOCIALLY OUTSIDE OF OFFICE HOURS. HE HAS HAD EVERY OPPORTUNITY IN THE WORLD TO LET ME KNOW WHAT WAS IN HIS MIND.

I FULLY AGREE WITH YOU IN THE POSITION YOU TAKE. YOU KNOW NOW, FROM THE LETTER I WROTE YOU YESTERDAY, EXACTLY WHAT IS DUE YOU UP TO DECEMBER 28TH, AND UNLESS YOU STOP ME I AM GOING TO USE DRASTIC MEASURES, THROUGH THE DRAMATISTS GUILD, TO MAKE MR. JONES PAY IN FULL. I AM PROMPTED TO DO THIS NOT ONLY BECAUSE HE OWES THE MONEY TO YOU BUT BECAUSE HE HAS CONSISTENLY IGNORED MY LETTERS, ESPECIALLY THOSE WRITTEN RECENTLY ON THE SUBJECT OF AN INTERVIEW WITH ME ON THE SUBJECT OF HAVING ANY MODIFICATION OF YOUR CONTRACT SET FORTH IN WRITING.

TO MR. LANGSTON HUGHES

2- JANUARY 8TH, 1936

PLEASE DON'T THINK I AM HAVING AN UNPLEASANT QUARREL WITH
MR. JONES FOR I HAVE DONE EVERYTHING IN A PERFECTLY REASONABLE AND
DIPLOMATIC WAY IN SPITE OF THE FACT HE INSISTS ON IGNOREING ME IN THE
MATTER OF ASKING YOU TO WAIVE ROYALTIES. HE DID THIS BECAUSE HE
THOUGHT HE COULD GET YOU TO DO EXACTLY WHAT HE WANTED, AND HE KNEW
VERY WELL THAT I WOULD OPPOSE HIM. AS I HAVE ALREADY SAID, THERE IS
NO OBJECTION TO ASKING YOU TO REDUCE THE ROYALTY FOR THE TIME BEING,
BUT I DO NOT BELIEVE THAT AN AUTHOR SHOULD BE ASKED TO WAIVE HIS
ROYALTIES WHEN EVERYONE ELSE CONNECTED WITH THE PLAY, BACK OF THE
CURTAIN AND IN FRONT OF THE CURTAIN, ARE BEING PAID.

I HAVE JUST TALKED TO MR. LIEBER AND HE AGREES WITH ME
THOROUGHLY. I AM GOING OVER TO SEE HIM THIS AFTERNOON SO WE CAN
GET TOGETHER ON HOW WE ARE TO PROCEED AGAINST MR. JONES.

WITH KINDEST REGARDS.

JWR:B

JANUARY 24TH, 1936

MISS BEATRICE RUMSEY,
C/O AMERICAN PLAY COMPANY,
33 WEST 42ND STREET, NEW YORK CITY.

DEAR BEATRICE:-

I AM VERY SORRY BUT YOU WILL HAVE TO TELL MR. JONES (BY SHOWING HIM A TYPED COPY OF THIS LETTER, OR A PHOTOSTATIC COPY) THAT I AM COMPELLED BY OUR CONTRACT WITH THE DRAMATISTS GUILD TO SEE THAT CONTRACTS BETWEEN MANAGERS AND AUTHORS ARE CARRIED OUT IN STRICT COMPLIANCE WITH THE TERMS OF THE MINIMUM BASIC AGREEMENT. PLEASE REMIND HIM THAT I WROTE HIM ALL ABOUT THIS A FEW WEEKS AGO, AND IT IS NOT MY FAULT IF HE HAS SEEN FIT TO IGNORE WHAT I HAVE WRITTEN. IT DOES NOT BOTHER ME THAT HE HAS BEEN RUDE, IN A BUSINESS WAY, IN TREATING THE WHOLE MATTER AS IF IT WAS OF NO CONSEQUENCE.

THE FACT REMAINS THAT I _MUST_ ABIDE BY THE TERMS OF THE AGREEMENT, AND IT IS NOT FOR ME, NOR FOR HIM, TO MAKE CHANGES EXCEPT IN SUCH MANNER AS IS PRESCRIBED BY THE GUILD. IN OTHER WORDS WHATEVER CHANGES IN TERMS, OR IN THE GENERAL CONDITIONS OF THE AGREEMENT HE MAY _THINK_ HAVE BEEN CONSENTED TO BY MR. HUGHES MUST HAVE THE LATTER'S APPROVAL _IN WRITING_. I DO NOT OWN THE PLAY AND IF MR. HUGHES WISHES TO LET MR. JONES HAVE IT FOR ONE PERCENT OF THE GROSS RECEIPTS THAT IS THE PRIVATE BUSINESS OF MR. HUGHES, BUT INASMUCH AS A CONTRACT FOR THIS PLAY IS ON FILE WITH THE GUILD THEN ALL CHANGES MUST BE IN WRITING AND A COPY MUST BE FORWARDED TO THE GUILD TO BE ATTACHED TO THEIR OFFICE COPY OF THE ORIGINAL AGREEMENT. NOW IF MR. JONES HAS SEEN FIT TO IGNORE MY PERFECTLY POLITE AND HELPFUL LETTERS ON THIS SUBJECT THEN IT IS JUST TOO BAD FOR MR. JONES.

PLEASE CONSULT WITH MR. LIEBER, AND THEN I SUGGEST, REQUEST AND EVEN DEMAND THAT CHARGES BE IMMEDIATELY BROUGHT AGAINST MR. JONES BY SUBMITTING THE FACTS TO THE GUILD. HE WILL THEN BE FORCED TO ARBITRATE THE MATTER. THIS SORT OF THING CAN NOT GO ON FOREVER, AND I CAN NOT AFFORD TO PUT MYSELF IN BAD STANDING WITH MR. HUGHES, AND WITH THE GUILD SIMPLY BECAUSE MR. JONES ELECTS TO TREAT THIS MATTER IN A VERY UNBUSINESSLIKE MANNER AFTER I HAVE TAKEN THE PRECAUTION AND TROUBLE TO WARN HIM IN WRITING JUST WHAT MUST BE DONE. MR. HUGHES WILL BE JUSTIFIED IN FILING CHARGES AGAINST ME WITH THE GUILD, AS WELL AS AGAINST MR. JONES IF I DO NOT DO WHAT I AM SUPPOSED TO DO UNDER THE TERMS OF OUR CONTRACT WITH THE GUILD, WHICH OF COURSE IS EQUIVALENT TO A CONTRACT BETWEEN THE AMERICAN PLAY COMPANY AND MR. HUGHES.

PLEASE TAKE THIS MATTER UP WITH MR. LIEBER, AND THANK HIM FOR HIS HELP, AND ALSO TAKE IT UP WITH MR. DOUGLAS OR MISS SILLCOX, AND LET THEM UNDERSTAND THAT SO FAR AS THE AMERICAN PLAY COMPANY IS CONCERNED WE WISH THE MATTER HANDLED IN STRICT CONFORMITY WITH THE MINIMUM BASIC AGREEMENT.

Hotel Grand,
4056 So. Parkway,
Chicago, Illinois,
January 30, 1936.

Dear Miss Rumsey,

I am happy to know that the American Play Company has appealed to the Dramatists' Guild for their vigorous aid and assistance in collecting the amounts due us from Mr. Martin Jones and MULATTO. I have long ago ceased to be amused by weekly statements without checks from a play that continues to run and run—and produce nothing.

Mr. Don Angus Douglas writes to inform me that there is no collaboration contract on file with the Guild between Mr. Jones and myself. This contract was in the nature of a "rider" attached to the original contract. If it is not in the hands of the Guild, would you be so kind as to send them a copy?

I wish herewith to acknowledge receipt from you of statements for the weeks of January 4th, 11th, and 18th. The above address in Chicago will reach me directly until the 12th of February.

Thanks a lot for your interest in the matter. I hope your uncle is having a nice vacation. I wish I were in Bermuda, too. It is so cold out here in Chicago that everybody is wearing ear-muffs!

Telephone:
Longacre 5-3301

Cable Address
AMPLACO

33 WEST 42nd STREET

NEW YORK CITY

JOHN W. RUMSEY
President

FEBRUARY 6TH, 1936

MR. LANGSTON HUGHES,
c/o ARNA BONTEMPS,
731 EAST 50TH PLACE,
CHICAGO, ILLINOIS.

DEAR MR. HUGHES:-

MR. DON ANGUS DOUGLAS OF THE DRAMATISTS'
GUILD TELEPHONE ME THIS MORNING IN ANSWER TO A LETTER I SENT
HIM IN WHICH I TOLD HIM THAT UNLESS WE RECEIVED THE ROYALTY
DUE YOU IMMEDIATELY WE WOULD INSIST UPON EXERCISING OUR RIGHT
UNDER THE MINIMUM BASIC AGREEMENT TO CANCEL THE CONTRACT. MR.
DOUGLAS TOLD ME THAT HE HAD ALSO RECEIVED A LETTER FROM MR. JONES
IN WHICH HE SAID THAT HE COULD NOT PAY THE ROYALTY TO YOU BECAUSE
OF A LIEN THAT WAS SERVED ON HIM AGAINST ANY MONEY DUE YOU.

WHEN MR. JONES DISCUSSED THE MATTER WITH MR.
LIEBER AND MYSELF IN THIS OFFICE HE MENTIONED THIS LIEN. HE SAID
THAT A PROCESS SERVER CAME TO HIS OFFICE AND HANDED HIM A DOCUMENT.
HE GLANCED AT THE PAPER, SAW YOUR NAME AND THEN THREW IT TO THE
FLOOR. THE PROCESS SERVER PICKED UP THE PAPER AND WALKED OUT. MR.
JONES HAS AN IDEA THAT THE OTHER NAME ON THE PAPER WAS "WOODS" BUT
HE IS NOT SURE. SINCE THEN NO ONE HAS TRIED TO SERVE HIM AGAIN NOR
HAS HE HEARD ANYTHING FROM ANYBODY ABOUT THE MATTER, BUT HE STILL
FEELS THAT HE WOULD BE HELD IN CONTEMPT OF COURT IF HE PAID YOU ANY
MONEY.

THIS IS ALL VERY RIDICULOUS AND IN MY OPINION A
VERY LAME EXCUSE FOR NOT PAYING THE ROYALTY. I HAVE THEREFORE ASKED
MR. DOUGLAS TO INSIST THAT MR. JONES PAY THE MONEY TO THE DRAMATISTS'
GUILD TO BE HELD IN ESCROW UNTIL THIS SITUATION IS CLEARED UP. HE IS
DOING SO TODAY.

IF MR. JONES DID RECEIVE SUCH A LIEN HAVE YOU ANY
IDEA WHO MIGHT HAVE SERVED IT? AS SOON AS WE HAVE THIS MATTER CLEARED
UP THE GUILD WILL BE ABLE TO RELEASE THE MONEY.

I AM ENCLOSING TWO BOX OFFICE STATEMENTS - WEEK ENDING JAN 25TH AND WEEK
ENDING FEB. 1

Telephone:
Longacre 5-3301

Cable Address
AMPLACO

AMERICAN PLAY COMPANY, INC.

33 WEST 42nd STREET

NEW YORK CITY

JOHN W. RUMSEY
President

FEBRUARY 18TH, 1936

MR. LANGSTON HUGHES,
HOTEL GRAND,
5046 SOUTH PARKWAY,
CHICAGO, ILLINOIS

DEAR MR. HUGHES:—

SINCE MY RETURN TO NEW YORK LAST WEDNESDAY I HAVE BEEN ASSURED EACH DAY BY THE DRAMATISTS GUILD THAT MR. MARTIN JONES WOULD SEND A CHECK IN FULL PAYMENT OF THE ROYALTY DUE YOU UP TO FEBRUARY 1ST. NEEDLESS TO SAY HE FAILED TO KEEP HIS WORD, AND ALTHOUGH MR. DOUGLAS OF THE DRAMATISTS GUILD ASKED ME ON FRIDAY AFTERNOON TO DO NOTHING ABOUT THE MATTER, BECAUSE HE WAS SURE HE WOULD RECEIVE A CHECK FROM MR. JONES ON SATURDAY MORNING, I SENT JONES A REGISTERED LETTER OF TERMINATION OF CONTRACT ON FRIDAY NIGHT. MR. DOUGLAS HAD PROMISED THAT HE WOULD TELEPHONE ME ON SATURDAY MORNING AFTER HE RECEIVED THE CHECK. HE TELEPHONED ME AT 1 P.M. AND WHEN I ASKED HIM IF HE HAD RECEIVED THE CHECK IN THE MORNING MAIL HE REPLIED THAT HE HAD NOT, THAT IT HAD JUST BEEN SENT TO HIM BY HAND. OBVIOUSLY THE PAYMENT WAS MADE AS THE RESULT OF MY REGISTERED LETTER RECEIVED BY JONES SATURDAY MORNING.

JONES DID NOT SEND THE $723.80 HE ACTUALLY OWED, BUT SENT TO THE GUILD $477.97 WHICH HE CLAIMS TO BE YOUR 65% OF THE ROYALTIES ACTUALLY EARNED. BUT THE PAYMENT WAS MADE UPON THE CONDITION THAT IT BE HELD BY THE GUILD UNTIL MR. JONES SHALL BE RELIEVED OF ANY RESPONSIBILITY WITH REGARD TO LIENS FILED WITH HIM BY YOUR CREDITOR OR CREDITORS.

I HAVE TAKEN THE LIBERTY TO DISCUSS THE MATTER WITH WILLIAM J. CLARK, AND HE HAS REFERRED ME TO HIS LAWYER. I AM ADVISED THAT YOUR INDEBTEDNESS ORIGINALLY AMOUNTED TO $123.50. INTEREST AND DISBURSEMENTS HAVE BROUGHT THE SUM TO A TOTAL OF $162.00, BUT A SETTLEMENT CAN BE MADE NOW FOR $140.00. WHILE IT IS TRUE THAT MR. PRENTISS TAYLOR OWES HALF OF THIS THE FACT REMAINS THAT YOU ARE PARTNERS AND IF THE TOTAL SUM CAN NOT BE COLLECTED FROM ONE PARTNER THE OTHER PARTNER WHO MAY BE SOLVENT MUST PAY THE ENTIRE AMOUNT. YOU PROBABLY KNOW THIS LAW AS WELL AS I DO. I HAVE NO RECORD OF ANY OTHER LIENS THAT HAVE BEEN FILED AGAINST YOU HERE.

I TAKE IT FROM YOUR LETTER OF FEBRUARY 8TH, THAT YOU

MR. LANGSTON HUGHES

PAGE 2- FEBRUARY 18TH, 1936

WISH TO PAY THIS MONEY TO MR. CLARK, AND IN ORDER TO RELEASE THE PAYMENT THAT JONES HAS ALREADY MADE I AM SENDING MR. CLARK'S LAWYER OUR CHECK FOR $140.00 THIS MORNING, AND THEN IF THERE IS NO MORE RED TAPE INVOLVED I WILL IMMEDIATELY SEND YOU THE BALANCE.

I HAVE DECIDED THAT THE ONLY THING TO DO WITH MR. JONES IS TO FILE A COMPLAINT AGAINST HIM WITH THE DRAMATIST GUILD AND FORCE HIM TO ARBITRATE THIS MATTER. HE NOW CLAIMS THAT HE HAS NO LETTER IN WHICH WE SET FORTH THAT YOU ARE TO RECEIVE THE FIRST $500.00 OF ROYALTIES EARNED BEFORE HE CAN PARTICIPATE TO THE EXTENT OF 35%. I ENCLOSE COPY OF THE LETTER COVERING THE INCREASE FROM 25% TO 35%, AND YOU WILL NOTE WHAT WE SAY ABOUT YOU RECEIVING THE FIRST $500.00, AND YOU WILL ALSO NOTE THAT HIS 35% IS OF THE NET ROYALTIES. FOR SOME UNKNOWN REASON HE IS EVIDENTLY TRYING TO PREVENT ME FROM RECOVERING THE $112.50 I PAID HIM BETWEEN THE TIME THAT WE AGREED TO GIVE HIM 25% AND OCTOBER 23RD, 1935 WHEN WE AGREED TO EXTEND THE AMOUNT TO 35%.

I HAVE DISCUSSED THIS MATTER WITH MR. LIEBER IN WHOM I KNOW YOU HAVE GREAT CONFIDENCE, AND HE IS WILLING TO BACK ME UP TO THE LIMIT ESPECIALLY AS HE FEELS THAT MR. JONES HAS TREATED YOU VERY BADLY, AND WILL NO DOUBT CONTINUE TO DO SO UNTIL WE TAKE DRASTIC ACTION AGAINST HIM.

I ENCLOSE FOUR COPIES OF THE COMPLAINT AND HOPE THAT YOU WILL SIGN THEM AND RETURN THEM TO ME AS SOON AS POSSIBLE AS I AM ANXIOUS TO FORCE THIS MATTER INTO ARBITRATION WITHOUT FURTHER DELAY. THIS IS NECESSARY BECAUSE HE MAY CLOSE THE PLAY OR RESORT TO ALMOST ANY TRICK TO DEPRIVE YOU OF YOUR MONEY NOT TO SAY ANYTHING OF DEPRIVING ME OF MINE. IF HE HAD PAID THIS MONEY PROMPTLY MR. CLARK'S LAWYER WOULD NOT HAVE HAD AN OPPORTUNITY TO SERVE A LIEN ON JONES AND GIVE THE LATTER AN EXCUSE, ALTHOUGH A VERY FEEBLE ONE, TO DEMAND THAT THE DRAMATISTS GUILD HOLD THIS $477.97 PENDING A SETTLEMENT OF ANY CLAIMS AGAINST YOU. I AM QUITE SURE THERE ARE NO OTHER CLAIMS AGAINST YOU, BUT I AM ALSO SURE THAT THE DRAMATISTS GUILD WILL BE EXTREMELY CAREFUL NOT DO PLACE ITSELF IN A POSITION OF RESPONSIBILITY BY PAYING OUT THIS MONEY UNTIL IT IS SURE OF ITS POSITION.

WITH KINDEST REGARDS.

JWR:B

C O P Y

FEBRUARY 20TH, 1936

REGISTERED

MR. MARTIN JONES,
VANDERBILT THEATRE,
NEW YORK CITY.

DEAR MR. JONES:-

I WROTE YOU ON FEBURARY 18TH, ASKING FOR EVIDENCE REGARDING ANY COURT ACTIONS INVOLVING YOU AS THE RESULT OF YOUR CONTRACTUAL RELATIONS WITH LANGSTON HUGHES, AND DID SO BECAUSE YOU WROTE THE DRAMATISTS GUILD ON FEBRUARY 14TH, THAT THE $477.97 YOU PAID ON FEBRUARY 15TH, SHOULD BE HELD BY THE GUILD UNTIL YOU ARE LEGALLY FREE OF ANY RESPONSIBILITY OF COURT ACTIONS INVOLING MR. HUGHES. YOU HAVE NOT REPLIED TO MY LETTER, NOR HAVE YOU RESPONDED TO CALLS FROM MR. DON ANGUS DOUGLAS OF THE DRAMATISTS GUILD ON THE SAME SUBJECT.

THIS IS TO ADVISE YOU THAT IF YOU DO NOT GIVE ME THE INFORMATION I HAVE REQUESTED IN MY LETTER OF FEBRUARY 18TH, ABOUT THESE COURT ACTIONS, I WILL TAKE IMMEDIATE STEPS TO RELEASE THE MONEY IN THE POSSESSION OF THE GUILD THAT IS DUE MR. HUGHES, AND ANY RESPONSIBILITY FOR SUCH COURT ACTIONS AS YOU REFER TO IN YOUR LETTER OF FEBRUARY 14TH TO THE DRAMATISTS GUILD WILL BE SOLELY ON YOUR OWN SHOULDERS. YOU HAVE HAD EVERY OPPORTUNITY TO GIVE US THE INFORMATION WE REQUESTED, AND I AM FORCED TO BELIEVE THAT YOU ARE ACTING IN AN ARBITRARY MANNER IN ORDER TO CAUSE LANGSTON HUGHES, THE DRAMATISTS GUILD AND THE AMERICAN PLAY COMPANY, INC. AS MUCH TROUBLE AS POSSIBLE. THIS SITUATION CAN NOT CONTINUE ANY LONGER.

JWR:B

THE INFORMATION REQUESTED IN THE SECOND PARAGRAPH OF THIS LETTER MUST BE IN OUR POSSESSION BY TWELVE O'CLOCK NOON, FRIDAY, FEBRUARY 21ST, 1936,

Telephone:
L'Ongacre 5-3301

Cable Address
AMPLACO

AMERICAN PLAY COMPANY, INC.

33 WEST 42nd STREET

NEW YORK CITY

JOHN W. RUMSEY
President

FEBRUARY 24TH, 1936

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

DEAR MR. HUGHES:—

I ENCLOSE COPY OF A LETTER THAT I WROTE TO MARTIN JONES ON FEBRUARY 20TH, AND WHICH WAS SENT TO HIM BY REGISTERED MAIL. I AM NOW INFORMED BY THE DRAMATISTS GUILD THAT MR. JONES HAS SENT WORD THAT HE HAS NO LEGAL DOCUMENTS SHOWING ANY CLAIMS AGAINST YOU, AND THAT HE IS WILLING TO HAVE THE MONEY, MENTIONED IN MY LAST LETTER TO YOU, RELEASED AND PAID OVER. UNFORTUNATELY SATURDAY WAS A HOLIDAY, AND THE GUILD COULD NOT DEPOSIT MR. JONES' CHECK UNTIL TODAY. THEY DO NOT WANT TO PAY AGAINST THIS CHECK UNTIL IT HAS CLEARED WHICH MAY BE TOMORROW OR WEDNESDAY. I DO NOT BLAME THEM FOR THIS BECAUSE MR. JONES MAY STOP PAYMENT ON IT. THE VERY SECOND THEY TELL ME THE CHECK HAS BEEN PAID I WILL SEND YOU OUR CHECK TO COVER THE AMOUNT.

IT APPEARS THAT WILLIAM J. CLARK SECURED A JUDGMENT AGAINST YOU FOR $162.00, COVERING THE AMOUNT THAT YOU OWED HIM PLUS DISBURSEMENTS AND INTEREST. AS I WROTE YOU IN MY LAST LETTER I TOOK IT UPON MYSELF TO SETTLE THIS MATTER FOR $140.00 SO THAT THE MONEY JONES PAID TO THE GUILD COULD BE RELEASED. I NOW ENCLOSE SATISFACTION OF JUDGMENT AND DISCONTINUANCE OF THE ACTION OF WILLIAM J. CLARK AGAINST LANGSTON HUGHES. I WOULD SUGGEST THAT YOU PUT THESE AWAY FOR FUTURE REFERENCE AS YOU MAY WANT THEM IF YOU SEE ANY OPPORTUNITY TO COLLECT PART OF THIS MONEY FROM PRENTISS TAYLOR. I FORWARDED PHOTOSTATIC COPIES OF THESE TWO DOCUMENTS TO THE GUILD, AND THE GUILD SENT THEM ON TO MARTIN JONES AS EVIDENCE THAT THIS PARTICULAR CLAIM HAD BEEN SETTLED.

THE PLAY IS NOT ANNOUNCED TO CLOSE. I REGRET THAT I CAN NOT GIVE YOU ANY FIRST HAND INFORMATION ABOUT IT BECAUSE MR. JONES WILL HAVE NOTHING TO DO WITH ME BECAUSE I HAVE BEEN POUNDING HIM ABOUT THE PAYMENT OF THESE ROYALTIES.

I HAVE MR. MAXIM LIEBER'S AUTHORITY TO QUOTE HIM AS SAYING THAT HE HOPES THAT YOU WILL SIGN THE COMPLAINT THAT I SENT YOU, AND THAT YOU WILL PERMIT US TO FORCE JONES INTO ARBITRATION. IT NOW TURNS OUT THAT HE IS LESS THAN A CHILD IN THE THEATRICAL BUSINESS, NEVER ANSWERS LETTERS, NEVER DOES ANYTHING TO BE HELPFUL EVEN THOUGH HIS CONTRACT REQUIRES IT. HE HAS NOT YET SENT ME BOX OFFICE STATEMENTS FOR THE WEEK ENDING FEBRUARY 8TH,

Telephone:
Longacre 5-3301

Cable Address
AMPLACO

AMERICAN PLAY COMPANY, INC.

33 WEST 42nd STREET

NEW YORK CITY

JOHN W. RUMSEY
President

MARCH 4TH, 1936

MR. LANGSTON HUGHES,
180 WEST 135TH STREET,
NEW YORK CITY.

DEAR MR. HUGHES:--

LAST WEEK MR. MARTIN JONES PAID US $146.36 ON ACCOUNT OF THE ROYALTY THAT HE OWES FOR PERFORMANCES OF "MULATTO." AFTER DEDUCTING OUR COMMISSION OF TEN (10%) PERCENT I AM SENDING HEREWITH OUR CHECK FOR $131.73.

YOUR COMPLAINT AGAINST MARJONES PRODUCTIONS, INC. AND MARTIN JONES IS NOW IN THE HANDS OF THE AMERICAN ARBITRATION ASSOCIATION. I HAVE BEEN ASKED TO SUGGEST AN ARBITER TO BE SELECTED BY YOU. HAVE YOU ANY ONE IN MIND? OF COURSE, IT WOULD BE GREATLY TO YOUR INTEREST TO SELECT A PLAYWRIGHT. WILL YOU LET ME KNOW AS SOON AS POSSIBLE SO I CAN SEND WORD TO THE ASSOCIATION?

MR. JONES HAS NOT REPLIED TO MY LETTER REGARDING FUTURE PAYMENTS TO YOU, AND IT IS ONLY TOO EVIDENT THAT WE WILL HAVE TO PRESS FOR AN EARLY ARBITRATION IN ORDER TO BRING THIS MATTER TO A HEAD, AND TO BRING MR. JONES TO HIS SENSES.

WITH KINDEST REGARDS.

JWR:B

MARCH 11TH, 1936

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

DEAR MR. JONES!—

THIS WILL ACKNOWLEDGE RECEIPT OF BOX OFFICE STATEMENTS COVERING PERFORMANCES OF "MULATTO" FOR THE WEEKS ENDING FEBRUARY 29TH AND MARCH 7TH. WE ALSO ACKNOWLEDGE TWO CHECKS FROM MARJONES PRODUCTIONS, INC., ONE FOR $71.86 AND ANOTHER FOR $74.06. THESE AMOUNTS HAVE BEEN PLACED TO YOUR CREDIT.

THERE IS NOTHING WITH THE STATEMENTS TO SHOW HOW YOU ARRIVED AT THE AMOUNT OF ROYALTY YOU HAVE PAID US IN THE TWO CHECKS MENTIONED.

WE AGAIN CALL YOUR ATTENTION TO THE FACT THAT YOU ARE CONSIDERABLY IN ARREARS IN THE PAYMENT OF ROYALTY DUE ON THIS PLAY, BUT INASMUCH AS IT IS ONLY TOO EVIDENT THAT YOU PROPOSE TO IGNORE YOUR OBLIGATION TO MR. HUGHES AND THE AMERICAN PLAY COMPANY, INC. UNDER THE AGREEMENT OF SEPTEMBER 2ND, 1935 WE CAN DO NOTHING ELSE BUT WAIT UNTIL THE MATTER IS SETTLED AT THE FORTHCOMING ARBITRATION RESULTING FROM THE COMPLAINT FILED AGAINST YOU BY LANGSTON HUGHES.

WITH KINDEST REGARDS.

SINCERELY,

JWR:B

Telephone:
LONGacre 5-3301

Cable Address
AMPLACO

AMERICAN PLAY COMPANY, INC.

33 WEST 42nd STREET

NEW YORK CITY

JOHN W. RUMSEY
President

MARCH 13TH, 1936

MR. LANGSTON HUGHES,
c/o HARPER - APT. 1D
634 ST. NICHOLAS AVENUE,
NEW YORK CITY.

DEAR MR. HUGHES:-

IN ACCORDANCE WITH MY LAST LETTER

I AM SENDING HEREWITH CHECK FOR $131.33, WHICH

REPRSENTS $145.92 (LESS OUR COMMISSION) PAID BY

MARJONES PRODUCTIONS, INC. ON ACCOUNT OF ROYALTY

AS OF MARCH 7TH, MR. JONES OWES THE
AMERICAN PLAY COMPANY, INC. THE GROSS SUM OF $635.16.

WITH KINDEST REGARDS,

SINCERELY,

JWR:B

634 St. Nicholas Avenue,
c/o Harper, Apt. 1D,
New York, New York,
March 13, 1936.

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

Dear Mr. Rumsey,

Thank you for your letters of March 4th and the 11th, and
for your check for $131.73 on account of the royalties due
me from MULATTO.

At your suggestion, I am enclosing herein all the box-office
statements I have received, with the exception of those for
the first six weeks of the play's run. These early state-
ments are on file in Arthur Spingarn's office. If you wish
them, I will ask him to post them to you, so that you will
have a complete set for the arbitration.

I'm still supposed to stay indoors a few days until I get
completely over the grippe that had me down.

With best regards to you,

P.S. I'm also enclosing the original wire of January 3rd in
which Jones threatened to close show if I did not waive roy-
alties. I did not answer this wire.

According to the papers, Mr. Jones is now casting a road com-
pany of MULATTO to open in Philadelphia the end of March.
Have you any information concerning such a company?

Telephone:

L'ongacre 5-3301

Cable Address

AMPLACO

AMERICAN PLAY COMPANY, INC.

33 WEST 42nd STREET

NEW YORK CITY

JOHN W. RUMSEY
President

APRIL 2ND, 1936.

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

DEAR MR. HUGHES:

THE ARBITRATION OF YOUR CASE AGAINST MARJONES PRODUCTIONS, INC., AND MARTIN JONES TOOK PLACE ON TUESDAY AFTERNOON. ALL ARGUMENTS BY THE OTHER SIDE WERE BASED ON THE LEGAL TECHNICALITY THAT MARTIN JONES THE INDIVIDUAL WAS SOMETHING DISTINCTLY DIFFERENT, SEPARATE AND APART FROM MARTIN JONES MASQUERADING UNDER THE CORPORATE TITLE OF MARJONES PRODUCTIONS INC., AS ARE THE NORTH AND SOUTH POLES.

MR. JONES SELECTED AS HIS ARBITRATOR MR. LYLE ANDREWS WHO HAS BEEN CONNECTED WITH THE VANDERBILT THEATRE FROM THE DAY IT WAS BUILT. IT WAS ONLY TOO OBVIOUS THAT HE WAS NOT INTERESTED IN ANYTHING BUT RENDERING A VERDICT IN FAVOR OF MR. JONES. THE CHAIRMAN, OR AS WE CALL HIM THE THIRD MAN, WAS JOSEPH J. GLATZMAYER WHO IS CONNECTED WITH THE HARBOR CARRIERS ASSOCIATION HERE IN NEW YORK. HE KNOWS NOTHING WHATSOEVER ABOUT THE THEATRICAL BUSINESS AND SEEMED TO BE AGAINST OUR SIDE WHEN THE CASE WAS CLOSED. I THINK WE CAN BOTH THANK MR. JOHN HOWARD LAWSON FOR THE ARGUMENT HE MUST HAVE PUT UP WHEN THE THREE ARBITRATORS WERE ALONE IN CONFERENCE TRYING TO ARRIVE AT A VOTE. THE AWARD IS ONLY SIGNED BY MR. GLATZMAYER AND MR. LAWSON PROVING THAT MR. ANDREWS WAS OPPOSED TO THE AWARD.

YOU ARE THEREFORE TO RECEIVE 65% OF ALL ROYALTIES EARNED AFTER THE FIRST $500.00. I ENCLOSE A STATEMENT AS OF MARCH 28TH SHOWING THAT MR. JONES OWES YOU $389.51.

OF COURSE IT WAS BROUGHT OUT AT THE ARBITRATION THAT MARTIN JONES HAD A PERFECT RIGHT TO WAIVE HIS SHARE OF THE ROYALTIES IN FAVOR OF MARJONES PRODUCTIONS, INC. HIS SHARE TO MARCH 28TH AMOUNTS TO $689.10 SO THAT THE AMERICAN PLAY COMPANY IS DEPRIVED OF A COMMISSION OF $68.91. THAT HOWEVER, DOES NOT UPSET US AT ALL. WHAT DOES CONCERN US IS THE FACT THAT LITERALLY SPEAKING HE HAS HAD HIS $689.10 AND IN ADDITION HIS SHARE OF THE ADVANCE PAYMENT OF $112.50. IF HE HAD PAID HIS ROYALTIES REGULARLY TO THE AMERICAN PLAY COMPANY WE WOULD