"The Court taking into consideration the connection between
the cases, decides to join them, and gives judgment upon
both at one and the same time. Concerning the principal
claim: It appearing that, if it had been decided by the
Court that the prohibition to produce a piece which was
opposed to good manners and public morality, legally made
by a competent Minister, might be looked upon as a case of
_force majeure_, thus doing away with the right of appeal of
the author against the manager, the tribunal has only been
called upon to deal with the plea of justification which
might have been put forward in respect to new pieces where
their performance would seem dangerous to the administration:
"It appearing that in the actual trial the parties found
themselves to be in totally different positions with respect
to the matter, and it is no longer a question of the
production of a new play, subject to the twofold scrutiny
of both the public and the Government, but of a work which,
being in the repertory of another theatre, would there
have had a great number of performances, without let or
hindrance on the part of the Government; with regard to the
position of M. Jouslin, manager of a theatre subsidised by
the Government, it is right to examine him in this case, as
the decisions in previous cases are not applicable to this
action:
"It appearing from the documents produced, and the pleadings
and explanations given in public by the parties themselves,
that the Home Minister, in the interests of the prosperity
of the Théâtre Français, felt it necessary to associate M.
Alexandre Dumas's talent with that theatre, and that to
this end a verbal agreement was come to between Jouslin de
Lasalle and Alexandre Dumas, and that the first condition of
the said agreement was that the play of _Antony_ should be
performed at the Théâtre-Français:
"Further, it appearing, that the play of _Antony_ belonged
to the repertory of the Porte-Saint-Martin; that it had been
played a great number of times without any interference or
hindrance from authority; that it is consequently correct to
say that Jouslin de Lasalle knew the gist of the agreement
to be made with Alexandre Dumas, and that it was at his risk
and peril that he was engaged:
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account