The San Francisco call., 1910-11-26
Hammerstein Claims Tetrazzini
Under Option to Renew
Contract for Concerts
Leahy Retorts 'We'll Make
Them Eat Their Injunction"
While Lawyers Plan Battle
Especial Dispatch TO The CALI

| seventh heaven of delight, for she
stands to win, whether Manager Will
lam H. Leahy is successful or Impres
sario oscar Hammerstein enforces the
| Injunction sued out by the latter She
is eager to sing in San Francisco and
would much rather appear under the
direction of her old time friend Leahy
Impressario Oscar.
All parties to the suit except the diva
were in Judge Hough's court this aft
| ernoon ready to argue the case. Law
yer SpeIlman, for Leahy. had persuade ed
Judge HoIgh to hear the case imme-
zini would lose large amount If she
were not permitted to fulfill her con-
tracts for concerts at $2,500 each in
! San Francisco beginning December 6.
Large Force of Lawyers
Hammerstein's determination to fight
| the case to finish was seen in the ar
ray of lawyers that surrounded him in
court, viz: Moses II. Gassman, Louis
j. Vorhaus. former Judge Herman Jo-
!
sephs and Sidney Fisher. Judge Hough
was compelled to deny an early hear
ing, however. as the papers in hte case
had not been completed by either side.
He accordingly set a hearing for the
| original date, December 2, when each
manager will present string of afi-
davits TO substantiate his claim
At the Belmont hotel tonight Leahy
was in high spirits over his prospects
of wining. To The Calls correspondent
he said:
"Of course, one never can unfailingly
forecast the decision of court, but ]
am so confident of winning that Istoday
wired to San Francisco to arrange for
the concerts as advertised.
Concert Dates Delayed
The date will necessarily be delayed
a week or 10 days, however. If the
courts decision favors me. as 1 expect,
there will be three, possibly four con-
certs given In San Francisco and
Tetrazzini will draw tremendously in
the city that first recognized her great
talent. Although she had sung for four
seasons successfully In London, and for
three months continuously, in Septem-
Der of this year she drew 10000 per-
SONS to the Crystal Palace at an extra
concert at prices ranging from three
shillings admission to guinea (s5.2o)
seat
Tn the legal controversy with Ham
merstein 1 will present proof in the
shape of letters, affidavits and oral
testimony showing that Hammerstein's
alleged contract with Tetraszini was
merely the usual right of renewal,
which he failed to exercise.
Attempt to Change Terms
II will show that May last he wrote
Tetrazzini that his representative
would call on her In London and that
May 2s his son, Arthur Hammerstein,
and Andreas Dippel, director of the
Metropolitan opera house, called to see
her and proposed that the series of 40
appearances in the United States that
had been transferred by Hammerstein
to the opera company on his general
assignment be reduced to Is concerts
at $4,000 each. besides Is regular
operas.
Mime. Tetrazzini said she would
agree to 80 performances provided the
compensat ton for each concert and
opera be fixed at an increased price.
Arthur Hammerstein and Dippe1 exact
ed from her an option on this agree
ment holding good until June Z.
'On his return to America, DippeI,
after consulting the Metropolitan opera
house directors, made counter proposals.
with the result that Tetrazzini grew
tired of the haggling over terms and
in July (after the option made June z
had expired), I was surprised at re-
ceiyinr in San Francisco letter from
the prima donna placing her services
at my disposal
Abandonment of Option
.Hammerstein says that he wrote
Tetrazzini May 20 telling her that al
though he was informed that his rep
her on terms, he expected her to rec
ognize his right to a renewal of con-
tract, but l. will show that in July. en-
route to Egypt, Hammerstein said to
Tetrazzini I am through with concerts.
Besides / am a sick man.
Nine. Tetrazzini answered cheerily
over the telephone tonight when asked
about the prospect of her singing in
San Francisco:
sI am happy. I am delighted at the
prospect. but am asked not to speak
of the legal side. You see" she
laughed, my tongue is tied by some
and my vocal cords by others to this
controversy. l am what you call it en-
Joined by both sides. so please excuse .
"Are you vexed at Mr.. Hammerstein
for his legal prooeeding?'
Mon, non," she laugher. "It is a
matter of business, nothing more
1t is understood that in his affidayits 8
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