New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-10-05
clyS THE POLICE WE'RE PAID
a., uANMERsTEIN AGAIN AIRS HIS
GRIEVANCES

-. MAKES CHARGES AGAINST MEssRS ROSTER
AND bal AND ASSERTS THAT THEY
GAVE $1,000 FOR PROTECTION.
Albany oct 4-Application made TO Attor-
rev-General Hancock to-day in behalf OF oscar
,,ars.a,n that he bring an action against John
I,os,er and Albert Bal ana Roster. Bal & co. for
,be,r removal as directors of the company, on the
ground of misconduct ana ma'feasance in ONCE
VIZ Hammersien j. the third director OF the com
any and was represented by Howe & Humme
,saac Fromnle and c. A. Collin appeared for the
ornoration and the two directors. Tracy. Board
man & Platt will also repreceni the defence.
A, the request % the attorneys for the company
an adjournment WAS taken until October - at
II 20 a M as the papers were served OIL! yeStef-
dav BENJAMIN Steinhar;. who represented Howe d
unn,mel before the Attorney General requested
mai immediate action DE taken for the purpose
If removing the two directors Mcssrs. Roster
and Bal alleging that they We're violating tn'
rights Of his client daily He said tha; Mr.. Ham
mersten the owner of certain property III
New-York City. knowr as Hammers;eins opera
House in Thrty-fOurth-st.; that Hammersten ana
Kcs,er and Bal entered into agreement 10 form
a CORPORATIONS that il was understood that the TWO
directors Roster and iid., wcr" to manage the
business of the corporation in one respect WINE
Hammers.ein was 10 act in another capacity ana
that Hammessten was to have 1920 o. the STOCK
and the Other two SN,VF re Sill NNHN NJ
and Rial werr not property dischargins hei" duties
as directors.
The hearing. which lasted for three-quarters OF
An hour was devoted wholly to the question OF
giving Mossrs. Kos;er and Bal more time. but in
us progress lively and sometimes personal cross
fire took place regarding the action of both sides
In his chargs OF improper expenditures by Mcssrs
Ms an Item of 900 on the booAs Of the company
which Mr.. Hdmmerstein was told. when NJ inquired
denied T' this ' and a
was made. Mr.. Stenhardt also alleged that there
missions miss Which Mr Hammersien says were paid for
police protectio2 and 500 had been suoscrlned t d9w
10 names were mentioned. Mir. Fromme denied
this also saying that the commissions were paid TO
Mr steinharl, further, alleged that Nj. Hammer
stein had been excluded from directors meetings.
He said Mr. Hammersten also alleged that Roster
and Bial carried various other res of business
Riai 4 co. Nj Fromme admitted this last charge.
but said that the goods 50 500 we're at lover
prices than the" could be purchased from other
Ir the progress OF these statements the argument
between the opposing counse. became warm and
Sir Fromme referred TO Mr.. Hammerstein. who
insanity. This resulted in Mr.. Hammerstsin. Mr.
steinhardt and Mr. Fromme being engaged in
such heated discussion that the AuorneY-'ien-
eral compelled TO check IT and stop further
discussion such lines
the assertion that the affairs of tn company
mismanaged statement that last month
the company had cleared $1,000 on capital IN
vested OF $4,000
The action which the Attorney-G eneral is asked
70 bring COntemplates the removal by the courts
Of Messrs Roster and Bial directors. and the
appointment by the governor with the approval
OF the Senate. of their successors, and. pending
the decision OF the courts in such action. the
appointment OF temporary receiver II a new
election of directors should be ordered by the
courts Messrs. Roster and Bial. owning majority
Of the stock. could re-elect themselves. ard THIS
Mr. Hammerstein wishes to avoid. The Attorney
General says that he cannot remember when any
similar action was asked. Howe Hummel are
n the afildaVitS on which lneN ask tndt
this action be brought and serve them on the
other side tomorrow. Roster and BARS attorneys
will then file their answer and the arguments on
the merits of the will begin before the At
torney General week from Saturday.