Today’s post continues with the story of New York Studios for one more post. In 1912, the firm brought suit against the owners of the Colonial Theatre. In court they tried to recovered money that was due from F. & H. Schweppe for a “Moonlight Olio.”
I have read many tales of honest and hard-working people who were not paid for their work. They all seem to share a similar story. Only twice, have I had the misfortune of being “stiffed;” pretty good for being in the business more than thirty years. However, for me that was twice too many. I think that the first time was the hardest as I didn’t see it coming. It concerned painted ceremonial settings for the Ancient & Arabic Order of the Nobles of the Mystic Shrine – go figure.
While researching the life and times of Thomas G. Moses, I have repeatedly read the letters of correspondence between scenic studios and various Masonic organizations, begging for money owed from scenery that was already designed or installed. In many ways, I feel quite fortunate with only suffering from two dishonest clients.
Not being paid from a Masonic organization is similar to not being paid from a religious institution; they know better. I always think back to Thomas G. Moses quote, “My experience with Church Committees, of all denominations was such that I almost promised myself never to enter another Church. I found a lot of dishonest men that were pillars of the church and naturally I looked upon them as good Christians, and their word should have been as good as their bond.”
There is an interesting dance that often occurs with a client, or organization, owes money for completed work and has no intention of paying. After a series of delays, a lame excuse is often presented as justifying nonpayment. It really doesn’t matter to the client at this point, as the vendor has already delivered everything promised; they are simply waiting for compensation. So the client just sits, gambling in a way, and hoping that no legal action will ensue. The person owed the money contemplates whether the amount is large enough to incur additional legal fees. In 1912, New York Studios decided the amount was worth it. Their particular story had to do with a client paying for scenery that was not returned in 1911.
On March 18, 1912, the “Star-Gazette” reported “The New York Studio, painters of stage scenery of all sorts has begun action against Schweppe Brothers, owners of the Colonial Theatre on Main Street to recover $90, claimed to be due on a “moonlight olio drop” which was furnished that theater. It is alleged that settlement made with Schweppes at a certain figure providing the local firm would return the drop. The studio says the drop has not been returned” (Elmira, New York, page 3). In other words they rented a drop and decided to keep it. The first time round they lost the case in city court.
On September 4, 1912, the “Star-Gazette” reported “The New York Studios Company, through their attorneys, Baldwin & Allison, have appealed from a jury’s verdict in city court which was rendered in favor of Fred and Henry Schweppe, owners of the Colonial Theatre block. The action has been tried in a city court to recover $90, which the New York Studios Company alleged was due them for a ‘Moonlight Olio.’ The jury held that the Schweppe Brothers were justified in their position. The jury rendered that verdict on July 25” (Elmira, New York, page 11).
Now there is the basic question here: “What is a Moonlight Olio?” There is an ongoing discussion about “olio, the machine” versus “olio, the scene.” In this particular case it is painted scenery, more specifically a backdrop that depicts a moonlight scene or has a moonlight effect. Olio likely refers to the studio design label. Examples of “olio” drop compositions can be found in the Performing Arts archives at the University of Minnesota. The Twin City Scenic Co. collection has an entire box of olio designs, with each label using an “O” for olio, for example, O-89. Olio drops were musical numbers placed between the scenes of a play/melodrama and were independent of the main storyline. Back to the court case…
By 1915, The “Star-Gazette” published the ongoing 4-year saga of the moonlight olio, reporting, “The action grows out of the furnishing scenery for the Colonial. The original claims were settled at 75 cents on the dollar and in the settlement the Messrs. Schweppe were to return a moonlight drop, which is one of the canvas painted drops which make the background of the stage setting. The studios had furnished two olios and it is claimed that the wrong one was returned. From this incident, four years ago, grows the present action for $90. It was tried once in City Court and Messrs. Schweppe were successful. The studios appealed” (1 June 1915, page 7). On June 2, 1915, the verdict was published – $90 was awarded to the New York Studios. The “Star-Gazette” commented, “The $90 is the full amount of the claim but it is not so much the money as a vindication of lawyers that was being fought for” (1, June 1915, page 7).
The $90 fee for the Moonlight Olio is the equivalent of $2,380.44 today. Although this was not a great amount of money for a scenic studio to lose in product, they had to fight this battle in a very visible arena. Their legal actions sent a signal to other theaters and clients that New York Studios would not back down; they would collect money owed, regardless of the amount.
To be continued…
