New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-08-23
TRUST" ANSWERS OSCAR
IN METROPOLITAN SUIT
Opera Company a Combination
in Restraint of Trade, Is
Defence of HammersteIn.
FORCED HIM TO SELL OUT
Alleges He Was Wrecked by
Representations of Rival That
He Was a Bankrupt
Gives History of Deal.

Charges that the Metropolitan opera
co,onanv ~ A combination in restraint
Of trade" and that It has practised IA
vorite devices Of trusts to maintain 'seil
supreme in the New York operate neio
will constitute the defence OF oscar Ham
merstein in the answer which he VIII NE
In the Supreme Court this morning TO the
suit of the company TO prevent his en-
"a ging again in the production OF opera.
The answer covers seventy-nine pages.
In March the company was aroused to
action by Hammerstein's announcement
that ne intended to resume opera produc-
ton in the city, despite contract dated
April 26 1910. in which he was pledged
for cash consideration OF sl,2OOOO TO
keep out of the local field for ten years.
This contract is repudiated on the grounds
that at the time II was made the un-
scrupulous tactics of the Metropolitan had
rendered him mentally and physically In
competent To transact his business.
Prior To 1905, when Mr. Hammerstein
began his opposition, the answer states.
the Metropolitan gave opera through
regular season I'm New York only. II
served Boston. Philadelphia and Chicago
to a limited extent. and other cities only
occasionally. Its scenery and costumes
were inferior. its repertory limited, ana
its music OF low order. the result be-
ing a substantial dividend since the public
was paying for good opera.
Mr.. Hammerstein says his initial con-
tracts cost him $4,000 for stars" and
III nal To, atff Ia a. 70
sc mble that would command public sup
port The Manhattan opera House cost
approximately 10000. The public how
ever. rewarded him. he says, and his
success led him TO build his Philadelphia
opera House. which cost 10000. The
good fortune continued through 1879. when
he gave the most extensive repertory ever
offered In this country.
Then came the change. the answer pro-
ceeds. announced by the breaking OF con
tracts by his singers. After many mac
LETT him, he says, the Metropolitan pun
the New Theatre, increasing the per
formances I'm this city TO sixteen week
and invading Philadelphia. A. a result
he says. his forces were demoralized. and
he personally was so broken down physi
cally that when the contract selling hin
out was forced upon him he signed Il
without comprehendlng its import
Among the charges are those that th'
Metropolitan is engaged In interstate ant
international commerce; that Mr.. Ham
merstein was wrecked In his ventures bl
the Mefropoiitans representations ina
he was bankrupt. that since 1910. wher
IN" opposition was destroyed, the out
put of the Metropolitan has steadily de
Perforated and that when Mr.. Hammer
| stein announced this year hts intention
20 enter the local operate field the Met
ropolltan instlgated the city Club TO an
nounce plan FOR English opera In or
| dor To head on his plans I'm that direc
| ton For such reasons. the answer con
| Guides. the contract with the Metropol!
! tan should be declared null and void.