New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1918-11-24
THE SCANDAL OF THE TICKET SPECTATOR;


picion at the opera house to such an
extent that credits which had former
~ been extended to the firm were re-
fused him. In the early days Of Sep
TENDER, having collected $4,000 from
their subscribers, Tyson & Co opened,
special deposit account at the
Metropolitan Trust Company. Wish
ing to raise money to purchase
more theatre and opera tickets, Hart
man negotiated loan with the trust
company, and pledged the tickets pur-
chased from the Metropolitan Opera
Company as collateral With 100000
thus obtained he liquidated the debt
due to the opera company. In time
the special deposit account reached
the sum of 100000, but the trust
company permitted Tyson a. Co. to
draw against it, and only two-thirds
of the tickets had been redeemed for
Tyson &, Co.'s subscribers when they
were confronted by the fact that the
opera season was about to open and
that they were unable to meet their
obligations to their patrons Sub
scrbers who went to Tyson e. Co.
with their receipts and demands for
their tickets were informed Chat they
could not deliver them, as they were
in the hands of the trust company,
which held n lien on them.
The dilemma in which the subscrib-
crs to the opera were placed by the
action of Tyson g. Co. and the opera
and trust companies was peculiar
one and not without it's dverting
side, though few of those concerned
were in a mood to see anything hu-
morous in it. For years there had
been much complaint on the part Of
persons who had found it impossible
to secure seats at the opera house
because of the fact that practically
all the desirable stalls were sub
scribed for, especially on the nights
made popular by fad, fashion and
singer or two, which were always an
nounced as sold out as soon as the
weekly sale opened. At these poor
souls the customers of the ticket
agents were in a position to smile,
commiseratingly or derisvely, as
their dispositions prompted. Sudden
ly it appeared that these much en-
We'd beings had been living in a
FOOLS paradise. They had imagined
that they were subscribers to the
opera, but found that they were only
customers of brokers, against whom
they were powerless to enforce the
most ordinary kind Of business con-
tract-to compel delivery Of goods
bought and paid for, CONSERVATION
seized them at the prospect of not be-
ing able to take part in the social
function which marks the opening of
, the operate season. That Opening was
only day or two distant. Some SUBJ
scribers evolved the theory that the
custom Of many years and the acts of
the opera company had made Tyson &
GO. agents of the opera company. Were
they not? Lord Chief Justice Coke
long ago laid down the maxim: "Oui
iaclt per alum facit per Sc" Was
there not evidence that Tyson & Co.
were agents Of the opera company in
the TACT that two letters had been sent
out to subscribers with the Metropoli-
tan Opera House heading. one dated
March, 1910, telling them of the reason
or the increase in prices, and another.
dated April, 1912, telling Of the re-
allotment to the agencies of the seats
hitherto held by them, ocering to re-
new the subscription for patrons and
concluding with the suggestion that
all communications be sent to TYSON
d 90? Yes, truly. The opera com
! pany said, however, that it was not
responsible for the use which TYSON
d Co. had made Of its circular letter
but the inference seemed clear, and
some OF the persons who held not
unnatural view proposed to test the
validity OF the proposition by present.
ing their receipts to the opera officials
and demanding admission to their
seats. But they were forestalled bv
an ohclal announcement of the opera
company which was curt and to the
point: THE Metropolitan Opera Com
pany begs to announce that it will
honor only the regular tickets issued
by the opera company"
Trust Company Opens Office
Meanwhile the opera opening was
approaching The trust company set
up an office at the Manhattan Hotel
where 1t offered an opportunity 20
subscribers who could produce evidence
that they had paid for their tickets TO
rebuy the same tickets at a small dis
count 90 cents on So adding tho
threat that tickets not "taken NM
would be put on sale to the public at
noon CT November II, the first night
OF the season. Loud and indignant
protests followed this action. but to
all compliments the assistant treas
urer of the trust company replied that
all the subscribers owned was CON
tract with Tyson & Co. that the lat
ter would deliver tickets, while the
trust company having taken the tick
cts as collateral for loan would pro-
tect itself by realizing on them. Mr..
Edmund L. Baylies, of counsel for
the trust company but also q namhe,