The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-07-20
THE SUNDAY TRAVELLING QUESTION.
The Philadelphia City Railroad Cars Stop
ped by the Mayor and Police.

The Philadelphia City Railroad Cars Stop
ped by the Mayor and Police.
The city OF Philadelphia is ell excitement owing to the
Sunday travelling question: and the matter Is beginning
10 wear serious appearance The clergy are preach
ing against IT, and the Mayor and police have put stop
70 Inc running the On Saturday ast the Board OF
Directors Of the and Coates Streets Passenger Rail
way hed meeting 70 determine the course to be pur
sued in relation to travelling Sunday The following
letter frem his Honor the Mayor was read
OFFICE THE MAYOR OF TILE CRY OF PmLADnPmA,
July 10, 1859
10 TIE PRESIDENT DIRECTORS GREEN CoArEs
STREETS PHILADELPHIA PASSENGER RAILWAY COMPANY.
GESrEMES-Com plant has been made before me In be-
bali OF the congregation OF the Green street Meiho list
Episcopal church. located in Green street, above Tenth,
that Sunday last their religious dis
nrbed by the moving Of the your passenger rail
way and that like annoyance anticipated on toe com
the arrest Of ore Of the drivers Of your cars on last
Sunday, when the allegation that the driving and
ming Of railway that day was, under the cir-
c0msances OF the breach OF the peace took place
on the reasonable expectation that the Legality Of such
would be forthwith submitted for judicial deter.
mnaton which has not, however, been done.
The Supreme Court Of Pennsylvania, 10 their exposition
oi the act Of Assembly OF 1884, have decided that the
running Of public conveyances on Sunday thereby for
b1deu 90 Harris 1l3. johnson Vi. the Commonwealth
dephia in the construction OF the aduzed
thni he worldly business prohibited by that statute may
be carried without disturbing neghbor, or IN any
way attracting public notice. and in such cases. although
che Law s viossed ano its penalty may bs enforced,
ul6Oru0riy
upOn the Offenders but the business transacted be Of
such character as to disturb the quiet OF the neghbor
hood or Of an individual nsgneor or be carried on ia
assembled for religious purposes it would be INSIDE
neaDOr aud breach Of the public peace Il Pail. Rep.
Of Leg. Int $50. The Common wealth vs. Teaman
My duty is to enforce the laws Of the commonwealth
&c they have been expounded by It's judiciary.
therefore ask OF you az law abiding Citizens that
refrain from any sstemp the your company
Sunday, until the same shall be sanctioned by the de-
eison Of the proper tribunal Very respectfully.
ALEXANDER HENRY, Mayor Of Philadelphia.
Some discussion the mater. and it was lay
determined that the cars should not commence running
sould commence running from Oak Paramount.
TIE following circular was also distributed among The
10 1HE SUPERINTENDENT CoNDucroRs AND DRIVERS OF THE
GREEN AND COATES STREETS PHILADELPHIA PASSENGER
The Board Of Directors on the application Of q very
large number Of ctizens residing on Green and Coates
well as other streets OF the city, having determined to
orsnch Of their road on Sunday during part Of the day.
il is hereby strictly enjoined-
l. That the drivers eha not pass any church place OF
worship gait faster than walk, and that strict
should BIO taken by both conductors and drivers not to in
terrBp: disturb in any way the ngegations mem
bers thereof wmshipping in ouch places
2 The conductors shall not permit any dsordery or
intoxicated person to enter the cars allow any noise
BY ORDER OF TUE BOARD
Pursuant TO this notice the Green and Coates Streets
Company started q from their depot, ct Paramount,
O'Clock, VIXEN the policemen .nterered and
promptly arrested the driver and conductor the second
car started short time afterwards, and also stopped
by the police. The superintendent then made his ip
pearsnce and agreed to discontinue the running The
rested parties were taken before Alderman Hutchinson,
and held tor hearing at eleven O'Clock on Monday.
the following letter by Mr. James Cooper
the Mayor, in reply to the letter Of the latter ,oo
To TIE HONORABLE ALEXANDER HENRY, MAYOR TIE CRY
OF PHILADELPHIA:
DEAR sIR-Your communication, bearing date OF the
18TH informing that complaint had been made
dis. EuscopaI Church, located in Green above Tsnth
ptree that Sunday last their religious disturbances
were disturbed by the running Of the running o! the cars
Of the Green and Coates Street Philadelphia Passenger
Railway and chat like annoyance is anticipated on the
coming sunday was duly received and respectfully con-
Your communication likewise states that the arrest of
Of the drivers the employment Of the company was
made on the ground that running railway
Sunday "was under the circumstances Of the case,
breach Of the peace" have been instructed by the
hs, in rupnins portion Of their cars on one branch
of their road Sunday last nothing was further from
their intention than to disturb the congregations having
churches places Of woshp the route Of their
10 commit breach Of the peace. On the contrary, Is
epjoined the superintendents, conductors and
church or place Of worship faster than walk add that
Ect should be taken not to interrupt or disturb in
any way the gregations worshpping In such places
u was also eponed upon them not 10 make or permit
noise disturbance Of any kind, and since then, written
each driver and conductor and put every have
also been directed by the Board TO further that while
they have been instructed by their tue orderly
and peaceabe running Of their Sunday Is not
breach Of the peace, they are nevertheless disposed,
through respect for personally well as Chief Mag
rete Of the city to defer to suggestions contained 10
your letter. far as not to permit their cars to be
until after inc expiration Of the morning service in the
The Board also desire that should avail myself OF the
opportunity which the reply TO your communication
variance with Of any large respectable
of their fellow citizens, except at the call Of what they
supposed TO comprise vast majority OF the public The
Board wish and intention to disturb the public
peace TO DO anything that would be likely to prove
HubveIsive of the public morals.
IN tha afrotu ph1 hou 0rA adyO fn0 n
ration they the much the friends of public
Odsr sound morality and enlightened Christianity any
Thanking you for the disposition you have evnced to
discharge the duties Of your office with courtesy beg
leave to myself yours r'.JP sMSs COOPER
President Green and Coates Streets Railro I'd 20.
On the hearing Of the case Monday of the police
that the people in the orderly and Quiet;
heard bells on the horses Iheard than
cpowd was Dc us the a o SO
against the ordinance Of the Sunday law; heard
Mr. rst iussted that the witness should state what
The conductor was doing which constituted breach OF
peace The witness replied that 1t was violation
note from Mayor Henry was exhibited, which In.
ucted the Chief Of Police TO prevent the passage Of cars
lie necessarily breach Of the peace.
Sergeant Orr, having been sworn testified as follows
yesterday was standing in front Of the rat car before
the horses gentleman made his appearance the front
platform and said he would like to see the man who would
him. told him would arrest him; he said he
She conductor this at Twenty second and Coates
etree,s the car stopped at the time; / was one
of persons who stopped the the driver went away
like gen temsn the conductor wanted 70 my war
rant; told him not necessary; he the only
man IN the employ Of the company who not orderly
far saw; there bells horses; there
were two bells, without cappers, on tho tongue.
Cross examined by Mr.. Hirst-I had warrant my
star was warrant; am the Judge Of what q breach
the law was told by my lieutenant Saturday nigh
stop the cars the passengers cheered they by
the station house, and they afterwards sang something
The tune Of "Od Hundred which appropriate under
me circumstances; this noise was after the was
stopped there was noise disturbance ut tho time
Vengers. r.
pSy should DO any more breach OF the peace than
the arving along o. any other vehicle II sergeant Orr
be sac, espayed the Same temper yesterday he had
e1h peo on the witness stand To- day was no matter
Sor 81 rprse nas peope became angry and provoked He
would som mat under the law Of 1894 the driver and