The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-10-21
Police Battle Soldiers and
Ex-Fighters StOrming
Lexington Theatre.
MANY'ARE BADLY HURT
Opera Director, Warned by
Inspector DAILY, Persists
in Going Ahead.
HEARING IN CITY HALL
Loyalty of Star Company Folk
Thrcshed Out Before the
Mayor

Mayor Hylaa. following a hearing
IN City Hall. decided at 7 o'clock last
night that the opening performance
Of German opera in the Lexington
Theatre could not take place until
after the ratification of the peace
treaty. He directed the police to see
that his order was obeyed.
Nevertheless. the company did open
its season and sang its entire pro-
sramme. including selections from
Wagner's Die Meistersiuger" and the
operetta. "A Night in Granada" by
Conrad Kreutzer. Meanwhile. in Lex
ington avenue and other streets a
crowd of active service men and MEM
hers of the American Legion. which
had made the protest upon which the
Mayor based his action, were trying to
reach the theatre and were buffeted
by the policemen on horseback and
afoot.
sailor was knocked senseless by
what was said to be n nightstick and
taken to Flower Hospital. marine.
struck by horses hoof. was removed
10 the same hospital A policeman was
hit over the head by half a billiard
ball. A chunk of stone from the coping
Of building opposite the theatre in Lex
ington avenue was tossed into the street,
striking the fender Of an automobile and
just missing Police Inspector Underhill
and some Of his men.
After several sorties, which were re-
pulsed by the police, who seemed to be
acting as gently as they could, and after
the mob OF German opera haters had
been driven away from the theatre. there
was a free for all mixup Mt Park avenue
and Fifty-lrst street. Milk bottles and
stones came sailing at the police from
the centre of the band of several hun
dred men in uniform or with American
Legion buttons on their coats
Policeman Fells Sailor.
II was in the police drive that followed
that Henry Weyman. a sailor from the
George Washington, was felled by the
reputed nightstick Of policeman. Henry
Schwab, a member of Manhattan Naval
Post Of the Legion. who had led the
protestants in the hearing in City Hall.
but who, with other leaders OF the
Legion, was against rioting. got several
policemen to accompany him in an auto
mobile to Park avenue and F1fty-hrst
street before the n.ghtstick episode oc-
CURED. He tried 10 talk to the crowd
and persuade them TO go home. but they
beat him off with gale of hooting and
jeering.
Grover Whalen, Commissioner OF
Plants and structures, was sent TO the
theatre early in the evening by Mayor
Eylan. He arrived soon after Chief IN
spector DAILY had notified otto Goritz,
general director OF the opera company
and Harry Herts the business manager
tnat the performance could not start
The opera officials told Daily that the
Mayor had no right 10 interfere and that
they would go ahead
All at once, Just before o'clock. the
time for the curtain to rise. 1t was an
nounced that the police would not inter-
fere, but would devote themselves 10
seeing that the public in and out or the
theatre was protected. The explanation
for this reversal came from City Hall In
the form Of this message from the
Mayor, telephoned to Whalen:
After concluding that the opera
should be deferred until the ratification
Of the treaty OF peace. l endeavored 10
reach the Corporation Counsel 10 ADVISE
with him as to my legal right to have
the police arbitrarily refuse to allow
people to enter the Lexington Theatre.
Told Cops Not to Interfere.
1T was impossible to reach the Cor
poration Counsel, and I therefore ad-
vised the police not to interfere until
could obtain the advice OF the Corpora
ton Counsel to the end that may
proceed legally
Commissioner whalen heard that the
etar Opera Company had obtained a
temporary injunction from Daniel f.
Cohalan. Justice Of the Supreme Court
and that il was to be served at the the
atre last night. However, Max d.
steuer. counsel for the company, said at
II o'clock that there was no injunction.
hut one would be applied for Tomorrow.
Commissioner Whalen said he was sure
ne city administration would make a
hrh,. and that II there was any legal
way 10 stop German opera in New
York pending the conclusion Of peace
y would be done.
Although aware Of the Mayors deci-
sion. IN. theatre box office continued to
sell tickets for the gala opening per-
iormance" until all seats and standing
'oor had been disposed OF. group OF
doughboys, assured by one Of the man.
'rers that the show would go on and
ma there would be mo hell raising
either told him they were going away
% get the gang. They did some tele-
ohonng and raiding parties were
l9rmed. The principal one started from
Lryant Park.
Claimed He Was Arrested.
Meanwhile, just after the curtain wen,
Np and just before the orchestra was
% play The Star Spangled Banner
mere we're many American flags in the
lHeaue and two on the programmed
'arry b. Herts, the company's business
manager ran down the centre aisle and
.outta The performance viii be given
,LMEnt. | am arrested. I want to
uHesh this out in court" Hertz wac not
IA eOHt'HVed on Eighth Pa0e.