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:
“From the time the play opened until the present day I have had many offers for it. George Edwardes promised an enormous guarantee if we would come to England. George Newnes, proprietor of ‘The Strand Magazine,’ said: ‘I am not a theatrical manager, but I want to bring your play and Mr. Warfield to England.’ Cyril Maude, Arthur Bourchier, and Sir Herbert Beerbohm-Tree all applied for the acting rights. Another great fortune could be made out of the piece were I to allow it to be played in stock and moving pictures, but I have turned a deaf ear to all inducements. ‘The Music Master’ is for David Warfield; more than that, The Music Master is David Warfield.”
A SHEAF OF OLD LETTERS: IN THE MATTER OF THE THEATRICAL SYNDICATE.
All of the following letters by Belasco were written during the first year of “The Music Master,” and they well characterize the purposes of the Theatrical Syndicate and well indicate Belasco’s lively opposition to that oppressive monopoly. The second of them is addressed to his cousin, the son of the famous English actor David James, and it refers to a proposal made by the younger actor so named that he should be brought to America, to act in some of his father’s parts, under the management of Belasco.
(David Belasco to Blanche Bates.)
“Belasco Theatre, New York,
“September 28, 1904.
“My dear ‘St. Louis Pet’:—
“Thanks for your message. It was sweet of you and your dear mother to think of me. Warfield and his little play hit them hard, and we have struck another terrific blow in the solar plexus of the Syndicate.