Variety (July 1919)

Variity : 'V':"v>. ; -' : '-' •'.; .'• : :& y A. No, I think the musicians vent oat first then the stage bend, went out later; then the White Rate went out QTBut the White Rate went out to help the other*, did they A. In accordance with a local agreement made In that town at that time and for that town only. f Q. Didn't aome of the deputy organizers of the White Rate Actora' Union go to Oklahoma City to assist the striker A. I think that there was one there. Q. Who was that? A. Mies Corson. . ^ .*.. .■ Q. Didn't Mlse Corson subsequently go out there? A. Later, yes. I think Mr. Qllmore was there and Mr* Sargent also at Intervals. ■ ■_ = „ . Q. is It not a fact that on Sept 8, 1910, Mr. Mountford wired an Act called the Pour Kings, who were then p ay log at the Princess Theatre In Wichita, Kansas, the following ulegram: "Suggest on leaving Wichita; get lost on Jour- ney; never arrive Oklahoma City. This fight ie for your benefit and all actors. Obedience your simple duty. Dis- obedience lei treachery. We did not allow headline act Mc- Victors to open this week, but know can depend on all of you." Signed, Harry Mountford, International Secretary. A. I don't know that any such telegram was sent I don't know that Mr. Mountford sent It Q. Do you know that Mr. Mountford testified before the Oklahoma Btate Board of Arbitration T A. I know that he testified, yes. Q. Were you there at the time? .". ~ " A. No, Q. If he testified that he sent such a telegram, you would say that occurred T A. If he swore he sent It, he sent It Q. Didn't the White Rats Actors' Union pay out as ex- penses on the Oklahoma strike over 84,000? A. I cannot tell you about that without referring to the books of the organisation. Q. Will you refer to it, Mr. Fitspatriok? A. I will It I can. I think it la In the Auditor's report Oklahoma Strike Expense, $4,498.08. Q. Waa not the strike in Oklahoma City by the White Rats the result of an International executive order? A. Tea. It had to be. Q. And isn't Respondents' Exhibit No. 87 that order! I will show it to you, appearing In Variety of August 11, 1915? i A. Tea. • • Q. And was not that order repeated in Variety of August 28k 1916T *^ A. I could not tell you, I presume it was. Q. In and by what order were not the members of the White Rata Actors' Union, directed not to appear or play in certain theatres In Oklahoma City, excepting two, I think T A. They were directed not to appear in certain theatres. Q. And those theatres were A. Theatres on strike. Q. Were non-union houses T A. On strike. Q. Had those theatres refused to sign the closed shop agreement? A. Mr. Slnopoulo refused to do anything. Q- I call your attention to this language in Respondent's Exhibit 88, whioh la an advertisement In Variety of August 1016, entitled. "To all concerned In the operation of vaude- ville in legitimate theatres." and signed, "Harry Mountford, International Executive." In that advertisement appears this statement "Members of the White Rats and A. A. A. and Members of the Musicians' Union and I. A. C. S. G., to avoid trouble with these aots and actors are requested not to as- sociate with them, to have nothing to do with them, and not even to talk to them until tbey have purged their offenses against organised labor"; and Just preceding that statement are the names of four acts. And I ask you what offenses against organized labor the acts named in that advertise- ment were guilty oft .v A *.X beir nad violated their sworn obligations an members of the White Rata Actors' Union to obey the call of the duly elected and properly constituted authorities, and in refus- 5*. ©woe out of the theatre when ordered they violated BMWJNUM and ware not to be depended upon by anybody, neanabl ft ^ What r ° U W ° Uld Ca " und6Blrables or unde " A. I would not mention them at all. I think they are the scum of the earth. Q. That list continued to Increase from time to time, did X not? A. It did, yea. „2;.i, n ? 7m P aMtah «l the list of the names of those who refused to comply with your strike order? A. TftS. ...Q* A* 0 - tt aome, Instances you published that list with a ftaSMtt" ,tae ' Wlth tt ° *"*$*■^MUoriam*a1 ^ IS 8, ,. D *** t0 all decent people, yes. «. Would you call that a blacklist? A. No, I call that a black border. \ torn ™aMt"i 0f am * > ' 7m ™ lW not dlsnI,y * lth u,e A. No, it waa not a black list mo'row^fnlT *' W,U Uhm . UnUI ten °'<*<* '<" (Whereupon at 650 P. M., an adjournment was taken ,,n tU to-morrow, May 2 8, 1919, at ten' oX ok A? M.) " " Th« »«h™ S 881 88th Street New Tork City. Appearances as heretofore noted. PRIDAyTmAY 23 JAMES WILLIAM FITZPATRICK teeUned'affoHowa* ""**"' "* haV,n * been W»«lr sworn. CROSS EXAMINATION (Continued) By Mr. Goodman: addressed*'' mS^L^J 1 ? ?i rike F ««*»*■ «*« Oklahoma, Mr^P?tswtr 8 i°ck? and t0 *" aCtorB on * b, » In A. Tea. Q. When you testified on direct examination that ) h .,. S-'7d.7 a f» a J.,f. n5r ttoe . m ASfflW £%£ the fiat ?h-5 a M DB ^ 8tr l ke - how d0 y° u reconcile that wKh inV'rsummer^ iW' 01 * ™ <*" a " trtke ,n K A. It was forced on us. aJS. «■£ not a fBct that while this strike wbb on In ow« ttTwhlto Htt. ft8 A?. nr ,n . ?, W , ahomft Clty S*1 a requo?t W ?o to adjust thetr* A M« 8 ^ nl(>a , f ? r » w»«"bw» and offered •ren1S U St.r othe? act B ? " * ° Wh " e Rata a pref " A. No, sir. ^£LP £ lg"J«F*to** ItuWto adjust or settle OkMed shop? managers agreed to an absolutely A. I don't know that that Is true, no. I aerer hserd It before. ( Q. I show you "Variety" ot September 8, 1010, sad ask you whether that recalls any of the facts to your mind? A. No, that la a news story, Mr. Goodman. I haven't any knowledge ot what is In the newa story. Q. I know, but did you read the story at the time? A. I did, yes. Q. Headed, "Managers make two requests for conference to end fight" A Any conference we have ever had with anybody, either in Oklahoma or anywheres else, we have always been sur- prised and ttokled to death to get Q. It any such request for a conference was made In Oklahoma City to the representative of the White Rata in Oklahoma City, you don't know anything about it do yon? A, No. I would know though If it was made, I think. Q. And do you now deny that the managers In Oklahoma City in September, 1816, asked for a conference with the organisers or representatives ot the White Rats then located out there? A. No, I would say I don't know anything about It, I did not deny it Q. Did you make any Investigation at the time this article appeared in "Variety"? A. No, it was being handled by Mr. Mountford and the deputy organizer who had charge of the situation there, and they were perfectly able to handle it If there was sa agree- ment not to go back unless all went back, I am very glsd to know that the White Rata did not accept any suoh offer of preference. Q. That la, to give them a preference? A. Tes. , Have to keep faith with people. Q. Did not your organisation continue each week to pub- lish either one or two-page advertisements*in "Variety*' con- taining executive orders connected with this strike and statements by Mr. Mountford about the organization, Its policies and so forth? A. I could not tell you without referring to "Variety," Mr. Goodman. . v . Q. well, for example (showing paper to witness), Septem- ber 1, 1916; they did that week, did they? A. I think that is a repetition of the original strike order. Q. Tes, but I mean it was continued, not going into what the contents were particularly. And the following week, September 8th, there were also two pages ot advertisements under the heading "White Rata News." A. It waa a .repetition of this original. Q. And a repetition of the original strike order? A. Tea,* Q. And also a list of aots which the White Rats Actors' Union requested other actors or members of the association, rather; not to associate with or have anything to do With? A. Tes. . Q. The IIsca on this date, Mr. Fitzpatrlck, amounted to eleven acts, did It not? A Yba Q. And the week ot September 16th "Variety" contained two pages of party executive orders and partly statements signed by Mr. Mountford? A. Tea. That Is entirely different This was an Interna* tlonal order ordering White Rats not to come from one state into another to play with a Sunday night show In Waterbury. Q. This In one portion on page 16. A. Tea, the first one. Q. But the International order ot the strike still continued? A. Tee. Q. Directing members ot the association not to accept contracts or appear upon the stages of the Empress Theatre or the Broadway Theatre of Tulsa, Oklahoma. J^ Ygg Q. Waa there a strike on at Tulsa, Oklahoma, at that time? > A. It was the same manager, I believe, that had the two theatres. Q. On page 18 of "Variety" of September 16, 1018, Is an advertisement bearing the name Vaudeville Managers' Pro- tective Association at the end thereof. A. Tes. Q. Isn't that the first advertisement or statement of any kind up to that time printed In "Variety" by the Vaudeville Managers' Protective Association affecting the White Rata or giving notice of any kind that they would not employ White Rats under the conditions mentioned In the advertise- ment? A. I don't know without looking over the— Q. Well, I have all the "Varieties" here from September, A. I know whether It was published or not it was known. Mr. Goodman: I move to strike out. the answer, "it was known," Mr. Examiner. By Mr. Goodman: > Q. Was there any printed matter In "Variety" or any other publication prior to that date? A. Tes, I think I can find lots of them If I have time enough to look them over, «& SFMJ!? S«™ you all of the recess and all of the "Varieties" that are here to look them over to find them. On that point, the "Varieties" are all here from September, 1916, to and beyond this date, and I will ask you to go through all of them or Mr. Mountford can do It meanwhile. Examiner Moore: Suspend that until Mr. Mountford can get It all together. By Mr. Goodman: Q. I ahow you "The Player" of January 26, 1917, and ask you to look at Respondent's Exhibit 67. A. Yes. Q. Will you please explain to the Examiner what Is meant by that advertisement which reads. "Serious. It any one goes to work against the strike order we advise them to carry a lily in his or her hand. There will be no other flowers.' A. I don't know what it meana, unleas It is a reprint 2' « ,ln ? *hich was in a Broadway show at the time used by Mr. Jolson at the Winter Garden. Q. Tou notice that advertisement is on the editorial pan right underneath the statement of the ownership of "The Player" and the statement that Harry Mountford Is the editor? i,i A, ,.I es -v PerbapB * WM te "entity them as pure and Illy-like characters. Q. It was not for the purpose of threatening any of those persons who violated your strike ordtir with physical violence, was It? A. No. Q. Tou testified you had a conference with Mr. Pantages at the Knickerbocker Hotel? ■—mf*™ A Yss sli* *' Q. Do 'you" remember the date of that conference? A, No. Q. I mean nearly? A A X i hlnk ■* waa tM tlned in the latter part of November or the first part of December, 1016. «u»oai«r Q. Of course it was subsequent to the adoption of the referendum on this resolution providing for offensive and defensive alliances with the other crafts in the theatrical trade T ♦h A ; ?i here was no provision that it should be done at all, that there should be suoh an alliance. .*--»««• ■.,*■•; em ••■ Q. No, but the International Board was authorised? A. It was,not It 'eaid, "Are you"—in the words ot the resolution—"Are you in favor ot an offensive and defensive alliance with the other crafts in the theatre?" Q. Was that voted in favor? A. An expression of opinion, yes. > :. Q. Tou testified on direct examination that Mr. Pantagea objected to the White Rats' Union Shop, and stated that, "If a scrub woman had trouble with me and she belonged to the Janitors" Union and she walked out of my theatre—If I sign this unlpn shop agreement with you all the actors on my bill will walk out 7 ' A. Tes. Q. And you said, "That Is bosh, that la utterly untrue"? A Tea. Q. Now, Isn't It a fact that that Is exactly what happened In Oklahoma City in the summer of 1016? i A. No, It is not i Q. Haven't you testified that the musicians first went on strike and that the other crafts were drawn In, Including the White Rats? A. Tea. We had an agreement In Oklahoma City. We had no agreement with the Janitors' Union, nor have we any International agreement with the stage hands, musicians or operators. That waa a local situation, purely. Q. Mr. Pantages, or the Vaudeville Managers' Protective Association, could not have prevented you from making any agreement you pleased with the Janitors' Union, or any other union, could they? ~ —^..- : _ A. Ten, they could, by giving us a conference. Gould have prevented the whole trouble. They were assured again and. again and again that we had no agreement with anybody In the organized labor movement nor that any one could force ub into such an agreement Q. Then why waa there a referendum vote of the members of your association when you were elected for them to pass on this question? A. It was to get an expression. Q. Now, wait a minute. To pass on this resolution: "Are you in favor of offensive and defensive alliance wherever and whenever poasible with the organized musicians, organ-. ■ ized stage hands, and all other organised bodies of the A. As an expression ot opinion to guide the International Board in its actions. Q. Why did you want an expression of opinion If, after you got their opinion, It was never your intention to make any offensive or defensive alliance with those crafts? A. Because we must know what the opinion of our organisa- tion Is. * Q. Inasmuch as their opinion waa in favor of It didn't you have authority to make such offensive and defensive alliance? A. We might have, yes. Not on the strength of that rase* lution, though. It would havo boon— -y ■ Q. Ton have answered my question, you had the right A. And I have the right to anawer it and explain It it was merely an expression of opinion. We wanted to find out how the actora in the organization felt about such a protective alliance, because It was a constant source of argument and discussion that If the White Rats' were unionized they would be drawn into atago-hande' lights and musicians' fights, and that is an absolute untruth, and it waa to get an exact expression of the opinion how the actors In the country felt shout it that that resolution was submitted to a vote. It was not to secure any power, or anything else. - Q. When yeu submitted the annual report on June 25, or thereabout, 1017, to the White Rats Actors' Union, did that/ report contain a true statement of the conditions? ' A. Tes. -„■;:;■ Q. That report waa signed by you and Mr. Mountford?' .'- A. Tea. Q. I call your attention to the statement in this report: "It was quite evident that this organisation would have to resort to force." What I want to know, is, what time were ' . you referring to, when was It quite evident that the organise- - tion would have to resort to force? A. I don't know. I will have to aee the context of the report I don't keep that in my head. Mr. Goodman, there was only one copy and two carbons of that report printed., How have you got a copy of it? , Q. You can search me. Here It is (showing paper to wit- ness). A. Tou mean, what does it mean? Q. What time, what period are you referring to when' you say it was quite evident that the organisation would have to resort to force? When did It become quite evident? A, It was evident after the publication that there would be no White Rata played In any theatre after October 81st .' Q. 1016? ■;;.'.'-', A. 1818, yea ' Q. Are you quite certain about that being the time? .'"■■■ A. As near as I can recall. There is a break there in the continuity of that report Q. Tea, I am going to give you the balance ot It now. Tour report to your members continues with this statement— . A. I think It all ought to be read, Mr. Goodman. Q. Now, Just a moment, please. I am cross-examining you; you are not cross-examining ma . A. No. but it is unfair to take one sentence of a report" Q. This Is all going In. Immediately following that etatement la this, and I will read it all: "It waa quite evident this organization would have to retort to force, and the problem faced'the officials charged with conducting it of how with their limited capital they would compete with the unlimited capital accumulated by graft and extortion by their opponents." Now, in October or September, or In the summer of 1016, what waa the limited capital to which you referred? A. The limited capital to which we referred? Q. Tea. A. The fact that in proportion to the amount of money In the Vaudeville Managers' Protective Association and, the money we bad at our disposal and our obligations was little or nothing to face a big fight " Q. How much money did you have at that time in the A. I don't know. I knew at that time. I don't know now. I knew every week how much money we had. Q. Have you any means at hand of Informing this Commis- sion how much money the White Rata Actons' Union had In the summer of 1016? A. No. 'ft Would you aay that It was more than a few thousand A I wouldn't say anything about It I don't know. Q. Perhaps this will refresh your recollection: The report continues, ''Therefore, the only posalble way of making the few thousand of White Rata' funds do the work of hundreds or thousands was to tire the managers out in spending money before the actual blow waa struck." Does that refresh your recollection as. to the moneys the White Rats had? *• No- I knew alwaya that there never waa very much. q. When you made this report, however, that statement to your members was true, was It not? A. Yea, Q. At another part of this report you say, "Hundreds of acts were sent all over the country and kept In readiness, and ao great was the expense and so severe the strain that Ions before February 5th, when the strike was declared, Mr. Mur- doch wrote to Mr. Albee, whioh letter we have in our pos- v •'.V.; '■■'- •i;';:' m -:■'■& raw m .v.. v JJ.V-. . ; .-M r '*. ' . - : . \\ ■ - • : , •