Monday, Jul. 29, 1929

Equity v. Hollywood

Last week there was action in embattled Hollywood, where Actors' Equity Association (theatre union) is struggling to gain dominion over cinemactors. Observers were delighted. Previously the pother had lacked punch (TIME, July 8). Chief among Equity desires is that cinemactors shall be forced to work under protective Equity contracts, which regulate working hours and conditions.

Producers ignore Equity. They feel that Hollywood's night labor and freakish habits are elements in a new industry which Equity cannot be expected to understand, which have been justified by that industry's prosperity. Director Lionel Barrymore likened Equity's campaign to a major operation on a child.

Sometime ago Equity President Frank Gillmore declared that members signing non-Equity contracts after June 5 would be suspended. Many a player paid no attention, signed such a contract. Among them was Tully Marshall, long-faced character actor.

Last week, to provide a test case, Equity sued Actor Marshall and his employers. Warner Brothers, for $1,000,000 damages. Actor Marshall was a model Equity member from 1913 until suspended last June for signing his non-Equity contract. Equity charged that he had violated the agreement of June 5, asked for temporary restraining orders and, later, permanent injunctions to prevent Actor Marshall from working with Warner Brothers without Equity sanction. The damages were asked for an interview, reputedly prepared by Actor Marshall and the Warner Brothers, in which the actor denounced Equity, shook the morale of its members.

Judge Arthur McComb of Los Angeles Superior Court ordered Actor Marshall to appear before him on July 29 to show why he should not be enjoined from fulfilling his Warner Brothers contract. But the judge issued no restraints or injunctions.