The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-10-22
Management Closes Lexing-
ton Pending Application
for Injunction.
POLICE READY TO ACT
Mayor on Burr's Advice Or
ders Enright to Halt
Performances.
GLASS DOOR Is SMASHED
Man Avoids PatrOlmen and
Hurls Hammer Through
Front of Theatre.

IIOhO VI utdJTCs
No German or other opera was
heard at the Lexington Theatre last
night. The house was closed by the
management pending a decision. to be
given by Justice Nathan Blur of the
Supreme Court to-day, on an applica-
ton by the Star Opera Company for
an order temporarily restraining
Mayor Hylan and the police from in
terfering with the performances.
II the company had not darkened
the theatre voluntarily 1t would have
done SO. under compulsion. Corpor-
alton Counsel Burr advised the Mayor
that German opera at this time would
tend to a breach of the peace" and
should be prohibited. The Mayor di-
rected Police Commissioner Enright to
put this advice into effect. The Amer
lean Legion, which started the fight,
announced that If its assistance in q
legal contest was required It would be
represented by Martin w. Lttleton
and the firm y: Cadwalader, Wicker
sham & Taft.
Herts Plans to Reopen.
Harry B. Herts, early in the even
ing, put up'a sign in the theatre lobby
saying that last nights rendition Of
Ear und Zimmerman" was off and
that tickets would be honored tonight
instead. He said positively that the
opera season, introduced on Monday
with gala performance" would
open tonight and continue for eight
and a half weeks.
Hundreds OF poiicemen-many moro
than were present Monday night, when
mobs of soldiers, sailors and camp fol-
lowers tried to beat their way to the
theatre-invested all the surrounding
streets last night and kept everybody
moving. One of the movers, walking up
Lexington avenue, stopped abruptly on
the sidewalk in front of the playhouse.
He dropped black suitcase. opened It,
took out a carpenters hammer and lift
ing the hammer drove It through a plate
trance. He swung SO hard that his
right arm followed the hammer through
the hole in the glass and his descending
wrist was cut by the Jagged glass, down
which spread a splotch of red.
Fifteen uniformed policemen were
lined up against the row of glass doors,
but the stranger moved so swiftly that
he had smashed the panel before a hand
could be raised. Many fingers clutched
him the instant his feat was accom-
plished. His arm was bleeding He was
taken to the East Fifty-first street sta
ton charged with malicious mischief.
An ambulance surgeon had to be called
to take six stitches In the arm.
This amateur Thor said he was Her
bert Lewis. 4s years old. Of 634 Madison
avenue. He said he had served in France
with the Second Division. but wouldn't
say with what unit.
Acts on Hylan's Request.
The Corporation Counsers advice was
given yesterday in response to a request
from Mayor Hylan, who said that he
wished to take whatever action might
be necessary to defer the German opera
until after ratification of the treaty Of
peace. Mr.. Burr replied:
81 am informed that the Star Opera
Company proposes to give a season of
German opera at the Lexington Opera
House. and that the initial performance
last evening resulted In great disorder
and that a riot was with difficulty
avoided.
The treaty of peace has not been rat
flied as yet. A state of war, therefore,
still exists between this country and Ger
many. 1t is manifest the giving of
German opera, under these circum-
stances in this city at this time would
tend to a breach of the peace, and In my
judgment such performance should be
prohibited and the police should be In
structed to prevent It from taking place"
The Mayor sent the essential part of
Mr.. Burr's letter to Commissioner En-
right, and to II added Make all neces-
sary arrangements to carry out the ad-
vice of Corporation Counsel Burr"
Meanwhile Max d. Steuer, attorney
for the Star Opera Company, was pre-
pairing an application for an Injunction.
The lawyer from Mr.. Steurer's office
who went to Justice Bijurs chambers In
the afternoon supposed that this being
an ex parte matter, he would get the
temporary stay at once. The Justice,
however, after looking over the papers.
ration Counsel represented. Presently
Assistant Corporation Counsel Lehman
appeared, and later Mr.. Steuer himself
Reporters were not present at the long
conference which followed.
Blur Defers Action.
After an hour and a half the lawyers
came out and said that Justice Blur
had deferred his decision until this
morning. They said that there was
matter of law which had to be consid-
cred. Mr.. Steuer announced that pend
ing the decision no opera would be given
and he called up Business Manager
Herts TO have the evening performance
cancelled.
Mr.. Steuer asked Justice Blur to
grant the application on the ground that
the city had no right to interfere with
an entertainment that was in no sense
disorderly or disoyal Assistant Cor
poratlon Lehman offered the fact that