Show "THE OGDEN STANDARD-EXAMINE- SUNDAY MORNING R -- n rs P 1 - - z i ' - nw m Play That Tfte - i 4s o mo a Brought Beauties to Stardom and Made Millions for Two Men Kicks Back HARD After One Woman s Sixteen- Year Battle to Collect a Fortune v v nil ii XL - ' v v A j ! vA : v r7rA i v r : : 4 Vc" vjy Sst ' ww'M-'K'- ' xy- - fin If s - 1 i II SEPTEMBER 9 19287 " ' 5 S 3& 'e ft ) a ' i t!Wi ?s y t sS" "1 st1" ( tili ipi r li 1 ?! 1 fcS s Ji 1111 1 5 1 1 1 ? s J :t G S 31 H 4 111 li 1 1 1111 S S3 sS - : shy v 4r SS 55 & 8 SS s Mi! si k y S S s"° ii 1 & s - s fci SS w i 1 I ¥£ s- " v ' ? - f ff-- Is 4'''" - ' 's' r vsa- s iS n 1 1 1 1 Jt si 8 M 1! s v i m II II II Pin s 4 u N H IJ 0 s i mi I & 1 Ml Hi git i II I 1 I I 1 s 1 J 1 I II111 sa " I?' I K a d Bill 1 V 1 '"'VSJ--A A If ard numbers In American dance programs Hawaiian orchestras still en tertain in night clubs and any number of them tour the country in vaudeville All of this constituted real success for Mr Tully and Mr Morosco whose fortunes waxed accordingly as they f eft and correctly interpreted the fluctuating pulse of Broadway It is an axiom of the Great White Way that "You never can tell what will please the crowd" and that fame and fortune lie in wait for the lucky man who introduces a novelty which captures and holds the vacillating interest of New York's masses o In the meantime while the bank books were bulging with new and large entries others were receiving direct benefit from "The Bird of Paradise" Laurette Taylor who offered the original interpretation of the Hawaiian princess was sent zooming toward ' stellar heights Then came Lenore Ulric In the same role Mr Tully declared that Lenore's interpretation was ithe most impassioned and realistic She enjoyed 'marked success'and since has carved out a niche of her own in the theatrical hall of fame Bessie Barriscale was another to interpret this role and to go on to glory in the movies Guy Bates Post established himself as a finished actor by interpreting the role of the beachcomber and Lewis Stone who since has become a screen star also was helped to fame by the ukuleles of "The Bird of Paradise" Seemingly everybody was happy The audiences shed sympathetic tears and went away sentimentally sad and satisfied The author and the producer appreciated the returns from their efforts and the stars enjoyed flattering press notices and fattened salaries 4$ A - ' -- S ' " to s Cut there was one person who didn't appreciate all this She was Mrs Grace A Fendler and sixteen years ago she started a legal campaign to collect a large share of the profits of the production claiming that it wa3 based upon her orig- Tully-Morosc- II inal script In her California home she planned her case and Judge Mayer of the United States District Court assisted her with his advice In addition her son then in Harvard turned the course of hi3 studies into legal channels and began f MTV'1 " s - t 4 islands and how she had been inspired to write the play by visits to Hawaii Then she told of visiting David Belasco in New York and discussing the play with him Mr Belasco couldn't pro- - s ? mm ? & V A via vv xs ' " i A s s5Vk ' s2 esr t f ! If K? MOT Ml from "The Bird of Paradise" Lewis Stone to the American Scientist Gazing Up at Laurette Taylor the Hawaiian Princess with Whom He Fell In Love-Mis- s Taylor Interpreted the Famous Stage Role in the New York Production She Was the First Actress to Create the Part A Scene Newjpapei Teatur : V if I i ' s yi Oliver Morosco Ieft and Richard Walton Tully Prtducer and 'Author Respectively of "The Bird of Paradise" Wfio Derived Fortunes from the Play and Who Now May Be 'Made to Turn Oter Their Takings to Mrs Fendler ft V 1 f' y 4' i'l Pill 1 ? K ys' preparing briefs for his mother Finally the case came to trial and much interesting evidence was submitted Mrs Fendler recounted how she had written a play based upon life in the 4 rs 9 utwha v ? ss i - ventional thouh sufficiently strong meloj drama It was laid in the Hawaiian Islands ihere was the unregenerate beachj comber and the beautiful Hawaiian princess Then came the fast cinating American erirl and K her fiance who was to underf ? take scientific study in the islands " The rise and fall of ' these four furnished thi meat of the play The American scientist bel came enamored of the Hawaiian princess and sank down through varioTh6 lous social strata beachcomber fell in love with the American erirl and rose to a position of wealth and power Finally there was the g ending The Sirs Grace A Fendler Who Claims That the Successful "Dird of Paradise' American scientist bavinjjt Was Based Upon Her Own Script "In Hawaii and Who Recently married his' Hawaiian Won a' Referee's Decision for Three Quarters sweetheart took ber to of a Million Dollars in Royalties "civilization" She found the transplanation intolLITTLE less than twenty years ago"The erable She loathed shoes and the prim clothing of society Instead she longed for the grassi-skirteBird of Paradise" a play produced by freedom of her native village arid the Oliver Morosco and adveVtised as writ naive charm of her folklore At last the situas-tio- n ten by IH chard Walton Tully was "knocking became unbearable The princess rushed 'em dead" on Broadway In theatrical' parlance back to her dear Hawaii with a broken heart and shattered illusions it was a "wow" and that means a tremendous Then she determined to sacrifice herself to hejr success There were New York companies The volcano of Kilauea was erupting people Southern companies New England companies and it was a Hawaiian superstition that only Chicago companies — companies toured "the the sacrifice of a beautiful woman could apu sticks" with it and "The Bird of Paradise" was pease the angry god of the volcano The prinj-ceoften presented in stock All of this success decided that she would be that sacrifice brought many dollars into the coffers of the and she was seen poised upon the rim of the Messrs Morosco and Tullv steaming Crater about to leap But NOW "The Bird of Paradise" has turned Suddenly her Hawaiian lover a sweetheart of Into a hoodoo! At least it is a hoodoo for her childhood rushed up from the other side and Morosco and Tully For Mrs Grace A Fendler waved her back But she would not listen amjl after sixteen years of litigation has obtained a precipitated herself into the lake of molten lavi referee's decree awarding her $781891 as her below Down came the curtain share of the profits of the play which she deThe emotional reaction of the audience howl clares was based upon a script submitted by her ever was not entirely due to the story itself to Mr Morosco Both Morosco and Tully have 'nor even to the excellent acting of many starji who won fame in "The Bird of Paradise waged bitter war upon Mrs Fendler's claim Fof that "The Bird of Paradise" was a steal from the play was the first introduction the America her original script but she has stuck tenaciously public had to the lilting adagio of Hawaiian to her guns There still is a certain amount of music The whole business of the drama was shot through with the strains of Hawaiian meli-od- y litigation ahead It isn't at all certain that Mrs Fendler will There were scenes in which the young meh sat before their thatched huts strumming their get the money for Mr Morosco recently filed a voluntary petition in bankruptcy and while ukuleles while several coaxed haunting Hawaiian Mr Tully is reputed wealthy even that sublime folksongs from 6teel guitars The drifting etate may be achieved on less than three-quartestrains of "Aloha Oe" wafted audienceward while at other times the tempo "brightened eviof a million dollarsl Behind "The Bird of Paradise" and its success dencing the quickened sheer rhythm of thp Is a fascinating story of love money and fame islands and the bright happy dances of thji islanders captivated the onlookers Kichard Twenty year3 ago Walton Tully was a "rising young dramatist" He had made his bow The music however was for the most pari to Broadway with a play called "The Rose of sadly sweet and In keeping with the play the Rancho" which was produced by David Hawaiian folklore was worked In wherever posBelasco but was just a "moderate money show" sible and the American public "ate it up" Then suddenly "The Bird of Paradise" ap"The Bird of Paradise" ushered in the craze peared with Tully as author and Morosco as Hawaiian melody which swept the country! for producer Broadway — even the Broadway of of the ukulele blossomed is the Impresarios — yesteryear pulled out its handkerchief and tenements and the country never hajs poorest Was it weeping at the play? Well-part- ly wept taken more wholeheartedly to any fad: Traces of this influence survive today and many "The Bird of Paradise" proved to be a con Hawaiian harmonies still are included as stand A II f ''B - a 4 tear-jerkin- 'MM L iv s g Extraordinary Photograph of the Hawaiian Volcano of Kilanea In Eruption With the Silhoutted Figures of the Princess and Her Native Lover Reproduced as They Appeared in the "Uig SceneT of "The Bird of Paradise" Superimposed Above isl a Photograph of Lenore Ulric Who Won Fame in the Role of the Princess and Who Offered a Nearly Perfect Interpretation According to Mr Tully v 1 i1 ill 1 si- s 'A I gS' 1 BktIm 198 ! ( ' j j j ' duce the play and Mrs Fendler had departed ' disappointed Later she testified she sent the script to Oliver Mbrosco who as that time was engaged in modest production most of his holdings being in the West He kept the script some time said Mrs Fendler and then returned it Then later she attended a performance of "The Bird of Paradise" and according to her testimony found that it closely followed! the original script ofi "In Hawaii" So ishe sought Judge Mayer and was advised to bring action against Tully and Morosco Mr Tully testified that he dug the plot out of an encyclopedia and that the play was named "The Bird of Paradise" because the real bird of paradise is the only 'tropical bird which" cannot ' be transported and live Finally a referee Saul B Baron awarded Mrs Fendler $781891 damages This claim of course has to be certified by the Supreme Court But in similar cases this certification j frequently has proved merely a formality and although it i3 possible even then that further legal complications man ensue Mrs tendler Is much nearer daylight in her action that she ever has million dollar award been and the three-quartmay be said to be within her grasp t er & v 4 ft ii f? 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