Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-09-29
Mr.. ALBAUGH'S sREJoINDER
The Answer He Will Fis in the Opera
House Controversy.
Will Deny the Charge That His
Habits Are Irregular and His
Temper IrsscfbIe.

In the answer which Mr.. John W. Al
beugh is expected to file in the suit insti-
tuted against him last week by Mr.. Urian
H. Painter for the appointment oil re-
ceiver for the Lafayette Square Opera
House, and for dissolution of the part
Dership between them, it is understood that
Mr.. Albaugh will enter a general denial.
He will, it is said, state that they entered
into a partnership in December, 1891. for
the construction Of theater In Washing
ton, of which Mr.. Albaugh was to he the
manager at an annual salary of $4,000; that
the cost of the building was not to exceed
500. 900. of which each partner was to con-
tribute So, COO the balance to be raised by
mortgage, and that there were no written
articles of agreement.
Ills Allegations.
Mr.. Albaugh will explain. 1t is expected,
that February %, 1886, he, managing
partner, and with the consent of Mr..
Painter, entered into contract with Sam
uel F. NordIinger, professionally known as
Samuel +. Nixon, and J. Fred. thinner
man. doing business as Nixon & thinner
man, theatrical managers.s for booking all
attractions at the Lafayette Square Opera
House for FIVE years, and provided that
Nixon & Zimmerman should receive one
third the profits and $15.00e. BY this con-
tract, 1t Will be claimed, the partn ership be-
tween Mr.. Albaugh and Mr.. Painter be-
came formed for the fixed and definite
period of five years at least
Also that the advances of money made
by Mr.. Painter exceeded those made by
him, Mr.. Albaugh is expected to admit, but
that the exact amount of The difference is
unknown, claiming that Mr.. Painter has
disbursed all moneys advanced and has
refused to submit vouchers therefor. Mr..
Albaugh will deny that he has withdrawn
he IN w
was not entitled. and that there is no
money on hand to pay the installment of
rent and other expenses maturing in Oc-
tober. o. y
He will further deny that the opera house
Is incomplete, although admitting that
there is q vault in the basement not
fitted UP or furnished, and that it was
proposed to have u roof garden; which
would necesssitate spending large sum.
Mr.. Painter, he will claim, wants to fit up
the basement as Turkish bath and to COM
plete the roof garden, to which Mr. Al
baugh is opposed, as the revenue from
and it is, common history in the theatrical
world. that roof gardens have been dis
astrous and have entailesf loss
Denial ns. to Haheas.
Mr. Albaugh will deny that his habits are
uncertain and his temper. irascible, assert
ing that the contrary hak been proved by
his forty-two years experience in theatri-
cal enterprises, during thrty-two years CT
which, he has been manager The Opera
House. he will contend, has been profitable,
denying that the business cannot now be
carried on successfully; also that Mr.. Pain
ter has been refused voice in the control
OF the business. The. allegation that the
Lyceum Theater Baltimore. is mortgaged
to it's market value and that the revenue
from it is insufficient TO pay the charges
will also be denied, the theater costing
$4,000. and is morigaged fbr only sa5,o0o.
Mr.. Albaugh will further deny that he is
without means to pay any balance found
due Mr.. Painter, and will contend that his
interest in the partnership assets is greater
than any amount that may be found to be
due Mr.. Painter