EVENING-' PUBLIC LEDGERPHILADELPHIA TtJESDAY,' &UGTJ&T 12, 1919
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THE PRODUCING MANAGERS' ASSOCIATION desires to give expression to its sense of the loy
alty and good conscience of those members of the acting profession who have declined to compromise their
individual freedom as artists and to break contracts, which have been fairly and freely entered into by them.
THE PRODUCING MANAGERS' ASSOCIATION hereby gives notice to all whom it concerns that
it will steadfastly stand by those members of the theatrical profession who are loyally standing by the true
interests of the theater and its patrons in the discreditable strike now in progress.
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DAVID BELASCO
A. L. ERLANGER
GEORGE BROADHURST
WINTHROP AMES
LEE SHUBERT
WILLIAM A. BRADY
C. B. DILLINGHAM
ARTHUR HAMMERSTEIN
ARTHUR HOPKINS
CHAS. EMERSON COOKE
H. H. FRAZEE
EDW. MacGREGOR
ABE LEVY
GEO.C. TYLER
GEO. M. COHAN
ALF. HAYMAN
F. RAY COMSTOCK
MARC KLAW
JOHN L. GOLDEN
FLORENZ ZIEGFELD
JOHN CORT
J. FRED ZIMMERMAN, Jr.
WALTER F. WANGER
RICHARD HERNDON
RICHARD WALTON TULLY
MORRIS GEST -
HARRISON GREY FISKE
SAM H. HARRIS
HENRY W. SAVAGE
SELWYN & COMPANY
A. H. WOODS
WILLIAM HARRIS, Jr.
L. LAWRENCE WEBER
OLIVER MOROSCO
CHAS. COBURN
ADOLPH KLAUBER
GEO. WHITE
MORAN & ANDREWS
All members of the Actors' Equity Association are personally liable f c
all damages and losses to the Managers caused by the strike.
DO NOT BE MISLED-CONSULT YOUR OWN LAWYER
Attention is called to the following letter sent by Mr. Nathan Burkan to the Actors' Equity Associa
tion, copy of which was transmitted to Mr. John L. Golden by Mr. Burkan.
August 10, 1919.
Mr. Frank Gillmore, Executive Secretary, Actors' Equity Association, New York City:
My dear Mr. Gillmore. My attention was called last night to a list of your membership, in which was included my name as a life member.
In view of the strike called against the enterprises managed by my clients, Messrs. Winchell Smith and John Golden and Charles Dillingham, respectively, and in
view of the action of the organizers of the strike in willfully bringing about the breaking by members of your association of contracts of service existing with Messrs.
Smith and Golden and Dillingham, respectively, which have long periods to run, and particularly in view of the fact that Messrs. Smith and Golden and Dillingham, re
spectively, have at all times and on all occasions treated their players with the utmost consideration, justice and fairness, as the striking players as well as all other players
associated with them will admit, and against whom the players can have no legitimate grievance, I must insist that my name be forthwith stricken from your member
ship roll. '
The action of the organizers of the strike in know ingly and willfully ordering players under written contracts of employment with these managers to leave their
employers and break up their attractions, manifests an utter and willful disregard not only of law and order, but of the welfare of youf membership, as well as of the
rights of these managers, and it also betrays crass stupidity on the part of the officers of your association in permitting such acts to be committed.
Let me call your attention to the decision of the Appellate Division of this Department in the case of Grassi Contracting Co. vs. Bennett, 174 A. D., page 249, where
the court held that :
It is not lawful to call a strike, the result of which will be the violation of contracts of its members with their employer's; and the United States Supreme Court,
in Hitchman Coal & Coke Co., vs. Mitchell, 245 U. S., page 229, held that a combination to procure concerted breaches of contract by plaintiff's employes is as plainly un
lawful as if it involved a breach of the peace.
In that case the members of a union were enjoined from inducing or seeking to induce the plaintiffs employes from violating their contracts of employment.
The Court, in protecting those contracts, said, at page 251:
"Plaintiff, having in the exercise of its undoubted rights, established a working agreement between it and its employes, with the free assent of the latter, is entitled
to be protected in the enjoyment of the resulting status, as in any other legal right. That the employment was at will and terminable by either party at any time is of
no consequence."
"The right of action for persuading an employe to leave his employer is universally recognized."
Applying this principle to the facts involved in the strike, the strike organizers, the officers of the Actors' Equity Association, and its membership, were and are
guilty of unlawful acts in directing, inducing, persuading or coercing players under contractual relations with managers to strike, to break their contract, and not to play
at scheduled performances. The contract need not hp for any specific period (although I know of my own personal knowledge that a great many of the contracts are for
long terms, and some have a two weeks' notice clause). ,
In justice to the many players who are members of the association and who do not realize the consequences of the acts of the organizers of the strike, and the
officers of the association, in permitting the organizers to commit the acts which the courts have pronounced illegal, let me call your attention to the famous Danbury Hat
ters' case, known as Law lor vs. Loewe, 235 U. S., 522.
In that case the members of a labor union attempted to compel a hat manufacturer to unionize his factory, left his employment and prevented others from taking
employment therein, and with the assistance of members of affiliated organizations declared a "boycott" on his goods. The court held that all the members of the labor
Hpion who paid their dues were jointly liable with the officers of the union for the damages sustained by their acts. It is not essential that each member of the Union should
have knowledge of the details of the action proposed to be taken by the strike organizers and the officers of the Union.
The court said, on page 529:
"The individual members are liable as principals for what their officer's did in the performance of their duty, even though they did not know of the particular acts
done, or may have disapproved of or have forbidden it."
In that case the plaint iff recovered a judgment for $222,000.00, and many of the members of the Union had their bank accounts attached, their property sold at
public sale under execution, and many were obliged to pay whatever they had, to make good the damage.
The damages in such cases are not apportioned, but each member is liable individually and collectively for1 the entire damage done, and if he has sufficient property,
he must make good the entire damage.
It is beyond dispute now that very serious damage has been inflicted upon a number of managers by the closing of their theaters. The damages are not speculative,
because the managers will be entitled to recover for moneys refunded by them to patrons who were deprived of the opportunity to see the attraction, moneys paid as rent
for the theater while it remained dark, moneys paid to employes who had to be laid off in consequence of the strike, moneys paid for advertising, current expenses, and
possible losses wherever they can be established.
The resulting damage of this strike may run into millions of dollar's, and all those players who have contracts with Managers as well as the officers and strike organi
zers, and the individual members of this association, though they did not participate in or had any knowledge of the strike, may, within a short period of time, find them
selves involved in a serious predicament. By the action of the organizers of the strike and the officers of your association, the life savings of many players have already
teen jeopardized.
I think it is your duty to at once direct all players who have walked out in breach of their contracts to return and to minimize the damage as far as possible.
This letter is written, not with the idea of giving you advice, but simply to justify my action.
Very truly yours,
NATHAN BURKAN.
Mr. Howard Kyle, founder of the Actors' Equity Association, who for more than six years served as a member o.f its Counsel and in other capacities without remunera
tion, has resigned from the Actors' Equity Association. In connection with his resignation Mr. Kyle sent the following letter to Mr. E. H. Sothern, who has also since resigned
from the Actors' Equity Association :
New York, August 5th, 1919.
Dear Sothern:
1 am sorry I didn't get a word to you belore you were induced to send a letter to the Actors' Equity Association, approving the course its officers and council have wrontf-headedly taken. For
no ITinnn (Tore nrn rirr lit in liuin otniifl TJlnl' li .1 1. n rainimiiAil llin t nvu Pnul tmr A ooiMiln i I -.. n u -. Mn..l.nIn. .....I !. l..Itj.llA .. i i. . it ...
mutual agreement
Each manager In
by hia organiza-
Aaunotntmn lias
beui n.n. Uit t" i ear. .mii ' the radicals misapprehended iho bmrit 01 co-opiration that possessed tno managers and attributed their action to motives of fear: thereupon an utterly foolish and
luiucicaoaij uiui mium iras isiucu tuiiteriuug tiua punurmances which hitc inuue iu miiuue ie;ai noiiaay maunees ana ounaay appearances. The arbitrary action was taken despite insistent warn-
,i.Ba iuouc . iiiciuumu in us iii uiKiBcunraa. i ue uKKression came, yuu arc, irum uur muc nen me managers were in an amenaoie slate ot mind and actually will
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.. ...w ......ei. ., ..... . .,,.!,. in men suuiii. 'v """ nisi" .iim "'imij nooui.iiiiiuii u an urum.auuii mm nicy uKiicu iu representatives to meet tnem ana maKe a
jur we uiiiiurut uuuimun ana use oi an iinprutra iu oi ine initea managers rroicciivc .association-Actors equity Association contract to coer a period of three or five years.
. " "c" i"";'u-'"s .'nuiuKcn iiuu-iuii; vBswtiaiiuu (.aim u inciuuen practically uu oi iiieiu is uncer a ik) ii a oy wnicn ne woum lorieu ?i,uuu ir he breached any agreement made
tioru That is any agreement like that of the adontion of a uniform standard contract. This was the vnrv Hituation. nr should I n ninanmmiiiuiii ,..r,i ,i,i,.i, iu akIh v..i(
for a clause by which all salaries shall be reckoned by the performance.
dually willing, as they are now, to stand
In order to sae their own faces our repretentativei proposed publicly that the whale matter of a contract be ghen to an outside Board of Arbitration, thus trying to embarrass the managers.
As I openly predicted, the managers said there was nothing to arbitrate and they have proceeded to use the standard contract United Managers' Protective Assoclation-Actors' Equity Association,
changing only the clause as to how any issue may be arbitrated; meanwhile poor men and women who are actually working under equitable conditions are forced to strike as the result of the bad
leadership of our association.
It is important to remember that the accepted Actors' Kqully Association-United Managers' Protective Association contract was actually drawn up in the first instance by the Actors' Equity
Association itself, and the clauses consenting to play Sunday night performances and legal holiday matinees were put into this' contract by the actors themselves. The changes now demanded, there
fore, constitute additions to our own contract, which we hate proclaimed as equitable all ocr the world. No one has ever prclended that the contract, which is a minimum one. is the best that
might bo secured, and it is only fair to recall that Mr. Marc Klaw, President of the United Managers' Protective Association, spoke at tho ratification supper in November, 1917. saying: "This Is.
a history-making occasion, but the contract as it stands is only a beginning." , , i o
(Signed) Yours very truly,
HOWARD KYLE.
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