A STAY OF PROCEEDINGS
"THE PRINCE AND THE PAUPER" INJUNCTION TEMPORARILY LIFTED
Notwithstanding Judge Daly's injunction restraining Samuel L. Clemens, Daniel Frohman, and Mrs. Abby Sage Richardson from presenting Mrs. Richardson's dramatization of Mark Twain's "The Prince and the Pauper," the papers in which were served in Albany on Saturday, the play was given in Detroit last night, according to the schedule arranged for its long Western tour.
This was done without defying the law and without incurring the liability for contempt proceedings, for yesterday Messrs. Howe & Hummel secured from Judge Henry W. Allen of the Court of Common Pleas an order requiring the attorneys of the invalid playwright, Mr. E. H. House, to show cause on March 12 why the injunction should not be vacated and a stay of proceedings pending the result. Subsequently the order was modified so as to be returnable this morning at 11 o'clock, and then the question will be argued.
In support of their motion Messrs. Howe & Hummel submitted affidavits by which their clients agreed to file bonds to any amount that might be fixed by the court and to deposit the royalties with the court pending the determination of their rightful ownership.
Manager Daniel Frohman said yesterday, in reference to the outcome of the court proceeding in the matter of "The Prince and the Pauper," that he felt that the court should take action for damages against Mark Twain in behalf of Mr. House and not against himself, as he entered in good faith upon the execution of a contract with Mr. Clemens, and went to great expense in doing so. So far as he was concerned as a manager, his dealing were with Clemens, as the owner of the book and of the rights to its dramatization. He could not be expected to go beyond the prima-facie evidence of Clemens's right to make the contract with him, and if Mr. House has good ground for damages they are against Clemens, and not against him.
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Related articles concerning the Prince and Pauper: Related article in the New York Herald Articles from The New York Times January
21, 1890 - ELSIE LESLIE [review of opening of "The Prince and
The Pauper"] |
 Recommended biography: A YANKEE IN MEIJI JAPAN; THE CRUSADING JOURNALIST EDWARD H. HOUSE available from amazon.com |
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