New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-10-14
DECIDED AGAINST MR. H4NMERSTEIN.
THE ATTORNEY GENERAL DECLINES TO INTER-
vENE IN TIE ROSTER & BIAL COM
PANY CONTROVERSY.

PANY CONTROVERSY
Albany oct 13.-There was a hearing to-day be-
fore Attorney General Hancock on the application
of Oscar Hammersten that the Attorney General
bring an action TO remove Messrs. Roster and Bal
as two OF the directors OF the Roster & Bal Com
pany, in NewYork, on the ground % mismanage-
ment. The Attorney Generals decision was ad-
verse TO Mr Hamnerstein. who is the third director
of the company. The action contemplated the APP
pointment OF a temporary receiver pending "A final
determination thereon by the courts: and, II the
decision be favorable. the appointment by the Gov
ernor of two directors take the places Of Messrs.
Roster and Bal these directors to be confirmed by
the Senate.
After a short discussion as to the method OF pro-
cedure Benjamin Stenhardt submitted his case.
ying that Mr.. Hammersteins grievance had been
presented in n general way at the last hearing
Isaac Fromne for the defendants. began by sub
hitting affidavits that they had made an expert
examination Of the corporations books for Ham
merstein despite the fact that the latter had
sworn that access to them was denied him. Con-
corning the charge that he not allowed TO take
part in the management and perform his duties
as vice president. IL shown from the bylaws
that his duties were merely nominal. and there
fore could not be interfered with. Another ai-
davit presented, made by Hamnerstcin. swear
ing of personal taxes including $4,000 represented
I'm the stock OF the Roster e Bial Company. Incl
dentally. the success OF the new music hall was
brought out Mr.. Fromme saying that $Gl,G) in net
profits had already been divided among the parties.
although $4,000 had been expended In Improvement
The profits for month were $1,000.
The animus OF the present application, counsel
charged. lay in the desire for revenge harbored by
Hammersten against Roster. dating back to the
assault upon Kesslcr In the music han on Septem-
Der a. As the closing down OF the sunday per
formances and the Saturday matinee. which Ham
merstein alleged showed acknowledgement. Mr..
l,,l ,.yIs
obligatory upon them in view OF the llammerstein
attacks upon the character OF the women attending
the matinees and his refusal 10 counienance the
sale OF liquors on SUNDAY NlflaNIts We're pre-
scented to show that Messrs Roster and lhnl were
reputable business men: Mr. Hamm"rsten was
characterized as dirty man with very dirty
hands
and the corporation. Mr.. Fromme declared that
everything was regular the liquors and cigars being
profit of not than 10 per cent. on the con-
trary. he asserted. MIR. Hammrrstcin had removed
A. g. Boardman followed. asserting that the At
torney-Genera had Discretionary powers TO interfere
but that he had never heard Of a ease similar 10
nterf@red The courts were wide open for the settle
ment of Just such disputes. Professor Collin argued
that supposng Roster a liial were guilty OF all that
had been charged the parties were amply respons-
bic and the ordinary actions in the courts
amply able 10 dispose of the matters at issue. Il
would be an indigniiy to call upon the Governor by
a little petty quarrel. II the Court thought Re-
capital Of $1,000 1t would Interfere. but otherwise
IL probably would not
MIR. Steinharlt replying TO Roster & Bars attor-
ncys, insisted that his client had been wlon8ti. II"
recalled the fac; that Roster y Bal had ben con-
viciei OF keeping n disOrlerly house in Twenty
third-st. There We're mysterious statements In the
books OF the corporation for six months Of $50 In
commissions which could not be explained. showing
malfeasance IN office the part of these directors
or the charge Of perjury against Hammerstein coun-
sci declared that Il Was only cas-" wnrr" corrupt
officials OF New York promised To fix th" thing FOR
Mr.. Hdmmerstcin in return for Few theatre tickets
The charges Of Mr. Hammsrsfein Involved tho con-
version OF over $9l0" IN six months. ne alleged;
The Attorney General took the papers. and to-
night gave brief opinion In favor OF the defend
ants saying in part.
THE corporation is conceded 10 be solvent ana
II appears To hc proslcring In business. The al
legged delinquents are financially responsible" Nj
Hammerstcin Is entitled 70 bring an action IN his
own one of the stock holiors OF the cor
poration to restrain The alleged Illegal acts com
mtted by the directors Roster and BAL. and u ap-
pears that such action has already been com
rnencsl by him in the superior Court oi the city ~
Ncw-York am not satisfied that this TX q matter
which requires the Intervention ~ the ATTORNEY
General the Governor and the Scnat" or that
the public interests require that such an action as
is requested should be commenced. Tho appica-
ton is Therefore denied