New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-05-11
GIRL MUST QUIT WHOOP|NC
Mayor Tells Police to Stop Show
at New York Theatre.
REFUSES THEATRE LICENSE
Manager Seeks Injunction, but
Cannot Force Police to Allow
Playhouse to Open.

The police, acting under the order D
Mayor Gaynor. have prohibited further PEI
| formances of THE Girl With the Whooping
| Cough" Il farce that has been running fo1
| two weeks at the New York Theatre The
license OF the theatre expired on Sunday
and the Mayor wrote to Police Commission
er Baker directing him to refuse to renew
| it on the ground that the show was in
decent.
AS result, there was no performance or
Monday night despite the fact that Az H
Woods, the proprietor of the show, obtained
an injunction from Justice Mccall of the
Supreme Court. restraining the police from
interfering with the performances. The
injunction, however, was useless, inasmuct
as the theatre itself had no license.
The Mayor had received reports of the
indecency of the farce, and directed Com
missioner Baker TO attend performance
Mr.. Baker did So and reported to the Mayo,
that he did not believe the show "a fit one
No immediate action was taken but when
the theatres license expired on Sunday
Commissioner Baker refused to renew I
The Mayor then sent the following letter q
Mr.. Baker:
Your report has been communicated to
me. and your action in refusing to renew
the license to the New York Theatre
which has just expired. and thereby clos
ing the place last night and preventing a
continuance of the so-called play which
was running there. Is approved. Please
with me and get some guaranty of future
decency. The people of this city have
enough emo Of false and d., nasty theatres 1.. as
papers, and want to drop them.
Commissioner Baker. when asked yester-
6av aF1 tba r1rOhititioD of 10 show. is
sued this statement:
The Police Commissioner says that he re-
ceived numerous complaints in reference
to a show called THE Girl with the Whoop-
ing Cough now performing at the New
York Theatre. He wrote a letter to Abra-
ham /. Erlanger, stating that the show
would have to be taken off the boards or
he, the Police Commissioner, would not re.
new the license of the theatre. and last
night the performance was cut out ano
the Commissioner received letter from
Mr.. Erlanger, stating that he would COM
ply with the Commissioner request
Henry L. Goldsmith and Mirabeau L.
Towns appeared before Justice Mccall in
the Supreme Court in injunction proceed
ings. and argued that the Commissioner of
Police. in closing the play because of the
alleged improper character, had assumed
ar arbitrary power of judicial control that
was not within his province a Commits
sioner of Police. They quoted the Commits
sioner in affidavits as saying that he would
not permit the play as long as Miss Suratt
was in it: that he had stopped her per
for1nance in other theatres and would not
permit her to play in this play in this city.
nor would he allow the play.
Justice Mccall said he would give the
matter careful consideration. but the uues-
ton as TO the Objectionable character of the
Offering was overshadowed for the time
being by the fact that the theatre had no
license. Lawyers representing the New
York Theatre and Miss Suratt Contended
that the orderly way TO proceed would De
to arrest the performers if the play were
Objectionable. but not to damage the prop
erty rights Of those Interested
II Is understood that the Mayor has re
ceived complaints against other shows now
running in New York. Although he would
make NO statement last night regarding
these complaints, it is understood that he
has referred them TO the Police Commits
sioner for Investigation
The show opened on the evening of April
o. II was almost unanimously condemned
by the critics as insuffera bly, stupid and
vulgar Miss Tsleska Suratt, q former
vaudeville performer. was featured as the
star"