New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-09-22
MUSIC HALL LICENSES.
MR. HAMMERSTEINs LICENSE AND
OTHERS

THE OLYMPIA MANAGER ARRESTED AND
SUMMONS ISSUED FOR WEBER & FIELDS.
Acting Inspector Brooks procured warrant for
the arrest OF Oscar Hammerstein proprie,o of the
olympia music hall. yesterday afternoon. charging
MN with violation OF the concert law. This is an
incident in the struggle that has been waging be-
tween CHARLES Frohman and Mr.. Hammerstein
over the production of The Car and the Cherub."
tragedy OF Chinese life. which Mr.. Frohnan re-
CARDS as an infringement on another Chinese play
Inc FIRST Born" which he intends 10 produce
Al the suggestion OF Mr.. Frohman the police
represented at Olympia on Monday night when
the cat and the Cherub" was acted for the first
time. Acting Inspector Brooks. Roundsman Cohen
and Patroman Mcconnell were in the house and
took notes. Yesterday morning tho Acting In
spector made verbal report to Chi,f McCullagh.
ana the Chief ordered the matter to be laid before
Magistrate Mott in the Yorkville Court The
Magistrate, on the affidavit which Roundsman
'ohen signed issued A warrant and Brooks took
the warrant to on Mr. Hammerstein in
person
Mr.. Hammerstein is not the only manager to
come under the observation o. the police one OF
CAPTAIN Sheehan's first official acts was to have
Weber Fields's Music Hall visited by several OF
the men under his command. and the evidence OBJ
tanned by them induced the captain TO obtain a
summons for the managers TO appear In court this
afternoon The managers Of both music halls
charged with producing theatrical plays under con-
cert licenses. in violation OF Section 1928 Of the
Consolidation act which permits only vocal and
instrumental performances" and they are further
charged with selling liquor where thea ,rlcal per-
Torrance given
After his arrest Mr. Hammersteln was taken to
the Yorkvle Court. He indignant at the ar
rest. which he termed an outrage. He said that ne
could not understand why he always selected
as the whom 10 try test He said
that others had done the same az he had done and
he did not like being made scapegoat
Frederick House was with Mr. Hammerstein
his counsel He said that Section 1898 of the Con-
soidation old statute, and that It ought
to be back number. Mr.. Hammerstein was pa
rolled in the custody Of his counsel until next Tues
dav when he will be examined on both charges.
r. Is said that there are likely to be yet more
victims of the sudden accession OF vigilance In
the matter Of music halls. The managers OF Kos
ter & Biars Music Hall have been announcing
elaborate ballet ono OF the attractions OF
their opening season. and the present plan is to
present II next Monday night. II this plan IS
ried out II Is said. they will stand in equal peril
OF the law with the managers of Olympia and
Weber & Fields's.
In the course Of the discussion Of the present
problem reference has been made 10 decision
made in a police court year and half ago or
so when Mr. Hammerstein was charged with vio-
lation OF the law with regard 10 concert halls.
The Magistrate then declared that although the
law was viola ted It's letter yet the class Of
entertainment involved had gone so long under
so many different city administrations. that he
could not rule II unla wful without implied reproach
70 his predecessors In Office and to others. and
moreover that the condition had become so firmly
established that large sums Of money had bfen
invested IN good faith and with the understanding
that 1t would not be interfered with. and that he
did not feel justified In interfering now.
There IL feeling among men who manage the
hut. halls that the laws
nresent unjust 10 themselves. They point out that
music halls pay smaller sums for their concert
licenses than they do for heir theatrical licenses
and that for these smaller sums. as the laws are
now administered. they have greater privileges.
since they seem able to give the same sorts OF en-
tertainments II they choose. and are also permitted
20 sell liquors. as tho theatres are not
What would be the result" a theatrical mana
ger was asked last night. III the Law were amended
80 as 10 make all license fees the same and 10 per-
init managers sell liquors or not. as they chose
I'm a little while" ne replied. There would be
caf4s in all the theatres Why. DO YOU know.
have trouble now with people who want to 3r ing
liquors into the theatres They want to send me
ushers ont for them. and they want 10 go out, ana
get Them themselves for members OF their parties
who stay in their seats or their noxes' lnei reaiy
think 1t q hard'n'p '""' W. VIII "'' ''''"''
Then wha, solution OF the whole matter do you
6 make mem stop F TIM , .Soad a5ey PG be
allowed to pay smaller license fees than We ana
have more privileges? .,-., =, o,,o
These remarks may convey information to some
neoplc At any rate. II IS likely thdt many were
unaware that there was such strong desire u
procure liquors In theatres where heir sale Is ior-
hidden bv law. Another curious feature Is that
Inc existing law should allow SONGS ana dances OF
nIestiona bic taste and morality IN places wnere
drinks are served and should discriminate against
such an absolutely blaneIesS perlorihh"i a.
Cat and the Cherub" merely hecauS" II IL tnea'-
rlcal. ,,..t-- g. t-a,te saIl
last night that he should lght the case 10 lne
highest courts Il do not believe our perlornance
can be construed as theatrical one saiu ne;
hut OF course We shall abide by the necislon OF
me court this afternoon. However. my attorneys
are instructed TO protect the interests o. me nous
and its patrons and stone VIII ne ielt untutned
TO do this The case might as well he settled no"
captain sheehan said that word had reaSned MN
maj Weber a Fields were giving theatricai per
formonce on a music nall license ana ,nere was
nothing for him 10 do but 10 act qulcR!. re
,tten3ed Nonda- nights performance anu !est'r-
day morning had a summons served -. , 49,
1s'ha second performance OF the Cat anH me
,.hsr,,h' vas given at Olympia last nlgnt. DrlnhS
80 served through the first part OF the pro
"ramma which consisted OF numerous VandeNlle
SO hnt they were not served while me pay WIS
1otny on Whether this was because the pay was
- ar whether Il was because inc nous" "as
rLa,rcd Cor tho greater part or tne tifhe was ny
n"i,a nIain 70 the observant audience. but PROV
dhv ,be answer 10 this question does not aHec' 'he
tatus n