Belasco, David, 1853-1931; Theater -- United States
Belasco was subjected to a peculiarly impudent and contemptible
persecution when Joseph Brooks (the factotum of Klaw & Erlanger and, as
asserted by Belasco, a mere “dummy” for that firm) attempted to maintain
a claim of partnership with him in the production and presentment of
“The Music Master.” The contract signed by Brooks and by Belasco, in
1901, providing for professional exploitation of David Warfield,
assigned the contract made in November, 1900, between Belasco and
Warfield, to the Belasco-Brooks “partnership”; and
[Illustration:
Photograph in Belasco’s Collection.
SCENE IN FRONT OF THE BELASCO THEATRE, PITTSBURGH, PA.
Ten o’clock in the morning, December 6, 1906: Opening of the sale of
tickets for David Warfield’s engagement in “The Music Master”]
the Belasco-Warfield contract, which covered the seasons of
1901-’02-’03, provided for a renewal at the end of that term. Brooks,
accordingly, after “The Music Master” had been written on Belasco’s
instigation and in large part by him and after it had been produced
solely at his expense and risk, claimed a one-half interest in that
prosperous venture and sought an injunction to prevent the play from
being presented except under management of “Brooks & Belasco.” His claim
was flatly disallowed in a decision of the New York Supreme Court,
rendered by Justice Leventritt on October 31, 1904, in the course of
which the court said:
“...Undisputed proof by affidavit is offered that the [three]
theatrical seasons contemplated [in the Belasco-Warfield contract]
ended about the first of May or at all events before the first of
June. The _alleged_ renewal was made by the plaintiff Brooks
several weeks after this latter date.” Furthermore, held the court,
“Whether the option [of renewal] in fact passed to the firm [of
Belasco & Brooks]; whether, if it did, the plaintiff could exercise
it, are questions open to grave doubt; but, conceding the right of
the plaintiff Brooks, the papers show an exercise of the option
after the close of the third theatrical season and insufficient
proof of a custom that the right survived the termination of the
season.... To enjoin a successful actor’s lucrative performance of
a successful play under (_sic_) such circumstances, when in
addition no question of financial responsibility is presented,
would be to grant, in advance of trial, on insufficient proof, the
very relief which the action itself seeks. Motion denied, with ten
dollars costs.”
Belasco’s feeling about “The Music Master” and his esteem of and loyalty
to his friend Warfield are pleasantly shown in a declaration which he
made about them several years ago:
Public-domain text, read in full here on John Shaqi.
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