The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-10-24
NIGHT OF PEACE IN
GERMAN OPERA WAR
Plenty Of Police, Not q Sign of
Riot and Only Half q
: House in Theatre.
COURT DELAYS DECISION
Programme Page Telling Of
Teutons Unsubdued by
Cannon Is Cut Out.


Lexington Theatre last night without q
flicker OF disorder anywhere on the
horizon. Three or four hundred police
men, posted all around to repel be-
siegers. found nothing to combat ex-
cept the rain. which fell moderately
during the early part Of the evening
and may have drenched the erdor Of
any who had intended to make trouble.
The explanation offered by inspector
Thomas v. Underhiil. who stood be-
meath an awning TO allow the moisture
N drop from his poncho. was this:
Il guess the experience Of the last
three nights taught the boys that they
couldn't reach the theatre. 80 they have
decided to 20 elsewhere for their sport
Harry b Herts, business manager OF
the Star Opera Company. said that be-
tween 1900 and 1900 tickets had been
sold for the performance, which was
Ear und zimmermann." but At q lib
eral estimate not moro than 500 persons
constituted the audience. The others
were kept away either by the rain or
unwillingness to subject themselves to
annoyance, which. judging from the
events Of previous evenings. threatened
to be serious. From each programme
the management had removed the cover.
upon the advice Of It's counsel, Max ID.
American Legion.
German "spirft" Laulea.
The frst page Of the advertising sec
tion Of the programme had an appeal
for the sending Of food to Germany. The
Legion didn't object TO that, but did not
IKE the sentence. we. who are here to-
night must stop this misery. lest hunger
break the spirit which cannons couldn't
1uell." To the mind Of some Of the
Legion leaders this was propaganda. The
management didn't think 90. but ripped
OF the cover anyways
There could be no interference with
the opera by the city authorities last
night and can be none tonight. because
Justice Giegerich, in the Supreme Court,
yesterday said he could not pass upon
the application for an order making per-
maInent the injunction obtained BY the
without fuller knowledge and study. He
asked the lawyers to submit briefs by
noon tomorrow. He was unable to say
when ne would give his decision.
The American Defence Society, In q
letter sent by Richard NJ. Hurd to
George Brokaw Compton. chairman OF
the American Legion In New York
county offered its support to the Legion
in its fight yesterday. Mr.. Hurd wrote:
one. German synpathizers Of oil kinds
are only too ready to seise the first op-
portunity to glorify tho country with
which we are still at war"
II was said for the American Legion
yesterday that II was Investigating the
war record of Business Manager Herts
of the opera company. Mr.. Herts showed
reporters last night certificates indicating
that he enlisted in the Army Reserve
Corps November IL. 1877; was made a
Sergeant and storekeeper. was COM
missloned as Second Lieutenant in the
Quartermaster Corps on February 20.
1918, and was honorably discharged on
May rs, 1918. When asked why he had
been discharged before the end OF the
war, he said II have no answer to make
In reply to that question"
steuer Denies Mayors Power.
Mr.. steuer told tho court that the
Star Opera Company had leased the
Lexington Theatre for eight weeks at
$3.50 a week. had spent $4,000 UP to
last Monday. had engaged artists at
salaries ranging from $50 to $3.50
week and $1,000 a performance and
was producing noropera composed after
the year 1890. He said the Issue was
whether or not the Mayor had q right
to interfere with legitimate enterprise
carried on by an American citizen.
rs Il liberty" he asked, when the
Mayor can tell me what language /
am to speak in my office or In what
language an artist may sinsr' He
pointed out that there was no Federal
or State law or city ordinance against
the use of German. and had not been
during thu war. Therefore. he argued.
the only plea OF those opposing Ger
man opera was that 1t would occasion
rioting.
This plea, Mr.. steuer said, was stun
ming, for II amounted to the rioters
saying to law abiding citizens: "If
you abide by the law I'll create q riot"
He said that law and order wore being
turned topsyturvy.
Cites Soldiers Resentment.
For the city. Assistant Corporation
Counsel Nicholson cited the city
charter. which requires the police to
suppress and prevent crime. Tho pro-
duction OF German opera, he said.
might in itself be merely q question of
bad taste or bad Judgment, but the fact
that II caused indignation and resent
ment tended toward a breach Of the
peace therefore the city administration
had tho right 70 stop the opera, especially
mt a time when the streets were filled
with soldiera
Justice Gieserich interrupted Mr..
Nicholson to ask II q rapid transit
strike might not cause as much popular
resentment as German opera
Martin w. Attleton, speaking for the
American Legion, paid his respects to
Otto Goritz. managing director Of the
opera and one of the singers "0oritz,"
he said. enjoyed no enviable reputation
during the war, but when the LusitAnia
sank he sang q song OF 5ubilation and
sang II here In our own country" Mr..
1ittleton argued that the Mayor and
not the courts was entrusted with the
duty of preserving the public peace
The Mayor. after hearing both sides and
getting advice OF the Corporation CouA-
Gel, had tried % stop the performance.
The Mayor" Mr.. Littleton said, has
the power TO stop performance II It
tends to q breach Of the peace"
Where do you md such power con-
ferredr asked Justice Giegerfch.
TT Is not necessary to md It." Mr.,
Littleton answered. "It 10 q simple de-
duction from one thing TO another. He
mas the right TO resort to any means to
preserve the peace"
Hints at Public Nuisance.
n Mr., Littleton's opinion the question
vas Should these people be allowed 10
hsuht this thing in the faces of men