The sun., 1919-10-28
OPERA In GERMAN
STOPPED BY COURT
But German Operas Sung in
English Will Take Its
Place.
FIRST OFFERING TONIGHT
Star Company in This Way
Hopes to Get Around the
Laws Inhibition.

The American Legion and Mayor John
F. Hyian have succeeded In stopping
opera in the German language. but they
have not yet succeeded in stopping Ger
man opera. In spite Of the fact that In
the Supreme Court yesterday Justice
Giegerich vacated the injunction which
restrained the Mayor and other city
officials from interfering with the pro-
duction of German opera in the Lexing-
ton Theatre, the Star Opera Company
announced last night that 1t would con-
tinue Its programme. excepting that the
of in German. The season will be re-
sumed this evening. 1t was stated. with
Won Webers Der Freischuetz." or THE
Free Shooter" which will have the dis
tinctlon. il such it be. OF being the first
German opera ever sung in English in
New York city
In his decision vacating the injunc-
tion Justice Giegerich pointed out that
the singing OF German opera was in
itself an innocent act and not against
dangerous when II became an annoyance
to tie citizens of the community and
source of potential danger through the
fact that large numbers of police had
to be drawn from their duty In other
parts of the city to protect the singers
Under such circumstances the Justice
said he felt 1t his duty to vacate the In
junction and thus permit the city to stop
the production of opera in German. JUS
tice Giegerich also referred In his de-
cision to Otto Goritz, managing director
Of the Star Opera Company and the
hymn of jubilation which Goritz sung at
dinner party following the sinking Of
the Lusitania and the killing of a large
number of American women and chill
dren
The Judges Ruling.
The Justice said
The giving of the proposed perform
ances in German Is opposed by the va
rious local organizations Of the Ameri-
can Legion. The public hostility to the
proposed project has been rendered
more bitter by the fact that 1t has been
widely advertised that the general di-
rector and producing manager of the
company is a German citizen who has
been charged with having stated that he
has no intention of becoming an Ameri-
can citizen and stays here only because
of the money he can make. He has also
been charged with being the author Of
song sung by himself celebrating the
sinking of the Lusltania.
Whether all of these charges are true
do not have to attempt to determine
The important fact Is that they are
made and widely believed. and the ef-
feet upon the people. not yet recovered
from the passions OF war, is substan-
a ba
had been proven.
'On the evening OF the first perform
ance a riotous crowd Of 5000 or 1000
people filled the streets. surrounding the
opera house and resisting large bodies Of
the police when efforts were made to dis
perse them. When the next performance
was given the riotous demonstrations
were more pronounced and the collisions
with the police were more serious. Three
policemen were injured. one of them hav-
ing his leg fractured, another having his
hand smashed and another having his
hip injured
I'm addition to these victims. about
fifty policemen were struck with various
missiles, and the extent of the injuries
thus Inflicted have not been shown. Az
fdavits of well known citzens state that
the police showed great self-restraint
and handled the situation well.
After a careful consideration of the
facts appearing in the papers and of the
arguments OF counsel. I have reached
the conclusion that the motion to con-
tinue the injunction should be denied
Opera Itself Innocent.
II may say that / recognize that the
production of German opera is an act
innocent in itself. II does not follow.
however, that an act innocent under or
dinary circumstances may always be
done regardless Of time. place or con-
ditions. The shooting of pigeons on
ones own grounds may be a lawful act
but II, as a result crowds collect out
side tic grounds to shoot escaping birds
the lawful act becomes a nuisance. The
mere act of conducting a motion picture
show on Sunday may be lawful. but II
done in a thickly populated neighborhood
near large church and on a main thor
oughfare along which people pass to and
from worship II may become unlawful
and be enjoined.
ut is easy to imagine other cases
where acts harmless under normal con-
ditions may be dangerous in time OF
public excitement For example, when
the inhabitants of a city are infiamed by
race riots II may be permissible. even
necessary, for the police authorities to
prohibit white men from passing into
sections of the city inhab by negroes
and vice versa.
'Tt is no answer in such cases to say
that 1t is the duty OF the police to pro-
tect innocent people in the exercise Of
their lawful rights. So many unreason-
able people night choose to exercise un-
Important lawful rights so as to require
the entire police force to protect them
md leave the great mass OF the COM
munity exposed to disorder and lawless-
ness. In the present case, on the second
night, more than 500 policemen were en-
ployed to cope with the disorders.
TN all such cases It is conditions, not
theories, that the police authorities have
70 deal with, and the courts should be
cautious in overruling the judgment of
those charged with maintaining order.
This case does not deal with a con-
stltutional right, or In fact with any
right at all. The giving of an operntic
performance in this city is a privilege
which can be exercised only by those
who have procured a license from the
Commissioner of Licenses. The power
10 revoke such licenses is placed in the
courts of record Of the city. There is
ro question presented, however. as to
revocation of the license. All that the
Mayor and the other police authorities
have done is 10 have forbidden the Civ
Ing of the particular kind OF opera In
question. In passing IL may be worth
while 10 point out that there is a mani
fest difference between giving German
opera as a commercial enterprise. with
It's widely advertised appeal TO the pub
lie for support, and the enjoying of Ger
u1n opera privately. The latter Is nat
Involved in this case