The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-05-02
DIDN'T CLOSE HIS THEATER.
HAMuERSTEIN's VICTORIA OPEN
~ SPITE or 10 COPS.
McAdDO Refuses LceBse--Justlcs Trunx
ISypeS InJunctiOn--Stage skSIights
Don't suit Building Department
Mere spite. swears Hammerttein.

Don't suit building Department
Mere spite, swears HammerStein.
Oscar Hammers,ein scored on his old
onemy, Isaac Hopper Superintendent OF
Buildings, last night, and incidentally
routed a small army OF cops who we're sent
by Commissioner MoAdoo to close bis Vic
toria The2ter. The theater wasn't closed,
and the cops were withdrawn shortly be-
fore the performance was to begin Su-
preme Court Justice Truax issued an in
junction restraining the police from clos
ing the house. The injunction is returnabls
on Wednesday. When Oscar found he had
beaten his enemies he was so joyful that he
danced hompipe in the lobby Of his theater.
Oscars troubles began late yesterday
afternoon. He was in his Office at the
Victoria when his telephone began TO ring.
He answered and the voice at the other
end said it belonged in Commissioner
McAdoos Office The voice said that It had
been ordered TO tell Oscar that the Build
ing Depart nent had of sed to indorse his
applications for renewal Of licenses for both
the Fields and the Victoria theaters and
that Mr.. McAdoo wanted TO give him notice
that neither house would be allowed 10
open at night.
Mr.. Hammerstein didn't mind having TO
keep the Fields theater closed last night,
for il closed for the season on Saturday.
But TO keep the Victoria shut made him
furious. He tAlephoned to Emanuel Blu
menstiel. his lawyer, and told him to hurry
to the Victoria and await his return. Then
Oscar jumped into an automobile and went
TO Police Headquarters. where he man
aged after a struggle, TO see Commissioner
McAdoo, but with scant satisfaction.
II was nearly o'clock when he got back
TO the theater aad found his lawyer waiting.
They were soon at the Office OF a notary
public across the way from the playhouse,
and Oscar, coached by his lawyer, gave
birth TO an affidavit which said be was a
victim Of petty spite on behalf Of the Build
ing Department. The complaint of the
department against the Victoria has to do
with the skylights on the stage. In his
affidavit Oscar recited how the building
had been approved by the department last
year, and that the head Of the department
had only begun TO find fault when Oscar
began to say things about him. In the
eyes Of the law, Oscar said, he was only
running a concert hall and he wasn't obliged
to have stage skyhghts, but that he had
put them in at great expense at the sug-
gestion Of Mayor Lows Building Super
intendent, Perez NJ. Stewart.
lawyer Blumenstiel found an automobile
and went chasing after a Supreme Court
Justice to apply for an injunction with
Oscars affidavit as the basis for IL. Il was
after o'clock when he got to the home Of
Justice Trlax at IL East Sixty-fifth street
After reading the affidavit. Jusl-e TTuaS
granted the injunction.
In the meantime. Oscars anger was in
creasing At o'clock twelve cops unoer
command Of Roundsman Fogarty appeared
at the theater Fogarty stationed his men
around the various exits through which
Oscar said he would kick District Attorney
Jerome. Fogarty found the manager and
told him what he had been sent 70 do. Os-
car likes Fogarty. but he couldn't forbear
telling him a few things about the people
who were trying to do him harm.
Some 200 people had arrived and were
storming the box Office for tickets. When
the cops were placed around the playhouse
they attracted a crowd outside None of
the spectators knew what the trouble was.
Nobody who did know was enlight sning
them.
Ten minutes before s o'clock an auto
mobile came dashing down Seventh ave-
nue.. Two blocks away Oscar recogni zed
the occupant who was waving paper over
his head. When Oscar saw smile on his
enissary's face a block away. he began TO
dance that honpipe he invented
Blume lstie bounded ont OF the auto
mobile and displayed the injun ton. Then
it was served on Roundsman Fogarty, who
lost no time in sending it to Capt. Flood
at the West Forty-seventh street station.
Flood telephoned to Commissioner McAdoo.
A few minutes before s, the cops at the thea