The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-12-07
Superior Court-special Term.
Before Hon. Judge Hoffman.

coNsTrruTIoNALrTy o. THE SUNDAY LAW.
The People Of ne State Of Mao Fork o. Otto Hoym
Ed,osvd Hay,nan This 10 general demurrer 70 the
paint thu, I. does not state facts SUN silent to const
cause OF action The complaint states thai the defend
on Sunday, the goth Of May, 1860, did exhibit 70
public and aided by Advertisement and otherwise. IL
hibitirs 70 the public In the building and siu
~ Nos 81 and 80 30 very, withn'the city OF New Y
and known ~ the New York Stsdt theatre, play @
lone OF Our People; or, the Brave Isaac, ~ and Ger
parts therein and certain other dramatic performar
whereby the defendants had become subjscs 10 . pei
Of $500 ding 10 the provision OF the statute
mentioned and are Indebted 10 the Society Tor The
York, 10 the amount OF the said sum OF $500, WI
by an action has accrued according 70 the
visions .of an act entitled An act 70 pres
the public peace and order % the nnt daI
the week, commonly called Sunday" p
April IL isto arc Of the FIRST aud second sections or
ssd act That the Society for the Reformation OF d
the plaintias the People Of the State sue for tho
ptpay for ihe OF the said society, according to
prov sions Of the said stAtute. Another cause Of
Tor similar exhibition the 27ta OF May, 1890, led
Get forth, and judgment 10 demanded against the de
ante for tho OF 81 0co, with costs. 70 this comp
there 10 the general demurrer ~ before STAYED.
statute referred 70 10 entitled an act 70 preserve the
lie peace and order on the bret day OF the week,
monty called sunday, passed lT.h OF April 1850, 70
,neci Immediately. I, provides that IL shall mol
lawful 10 elbibit on the nrst car In the week,
u,
garden, grounds, ccbcers room, or other room, or
place within tho city and county OF New York, an
teruoe, tragedy, comedy opera ballet, play, farce,
minshelsy, negro, or any dancing, or any other
tainmen. OF The stage, or any part or parts sherei
any equestrian circus, 0 dramatic fpcrformancs, OF
performances In jueeery, acrobat or rope dancing
the second section, any person Offending against IN
v.sione Of THIS law, and every person aiding In |
sxhibtilou, by Advertisement or otherwise, and
ovrer or Iessee Of bui ding, pom, &C., who shall
let out the ZANE, for the purpose Of such exhib
s'ail be suiI,y Of a msdsmeNno,, ana " ADDITION
pura ment therefore provided BY law, shall DC 90
ca to penalty Of ave huIcred dolIArs, 10 favor O
society for the Reformation Of Juvenile Dslioqueu
be sued I r IN the zane OF tie people 10 sdfit
shieh every such exhibition or perfor nance sh
ixelf forfeit, vscale and snDul any lioesss which
have been previously ogtNlncd by any manager, pr
tor, owner or lessee, c9nsentins TO, causing
loving, Or emire any pati 81 oaiai.s
TIE Joe Re concludes elaborate opinion By sayir
defer can't vac tavern keeper, duly licensed by ne
Council, ard ban paid the TAR sud given the bond ~
Cd By law The time when he got i've license did n
pes rcr that the ordnance was passed after The ~
The qcet;iuns which might arise ou such s'ste 9
case dii not present themselves here. A. The def
vas app ssd ot tho ord lnsnees at The time 40 too
lieerse, be was rot deprived OF any right which
Icyed be ~as entitled 20. Rigtu may exist Of Witt
owner Garnet be deprived, Dot stili their exsrois
Enjoyment may be restrained and regu ated BY 10
far - the public interest may render proper The
must be exercised In such a manDer a. not 70
periodically the tranquility or morality % the
punlfc Inc Nfsieitve powtr, hereiWe, working
all future cares, sss perfectly clear Ia tbs coo
wealth against hesbiu ga feBn. Rep 3oS 10 Casey
Legislator 81 Penns) lvaoia 10 revised, Commencing
set q l0s2, fotbiodnE people from carryh
worldly bufiness on sunday The Fcgiish ststut
Can, 2, l6T6,l bal served rs . model for their n
Court etsetves 1--WE are lot forg.ttsg that the
sets Of Hse abound IN declarations IN favor Of
OF core-'ence scd that san regard these decluasi
ineess steal vita the Ssscsy laws. b our sunday
and our other lass sgA.sa vice ana mnoralisy,
no, nesn 10 enforce ro.ssiou-we Adwit tnas 70
pessiole Bot We % sot mean 10 protect oa- cusso
Taltsr that they nag have originated In our reheh
theJ are Essential part, OF Our socisl lie ne
forbids tvtry 1Sorlsly employment or Dsssnsss
ever" lie meAalsg vas discussed 81 nues lseSsn
care vas OF servant delvira hts smpoy@ 70 onu
Sunday, vhxa WA beld DO, 10 Be within tns sc'
Con monvsalth sssrst Nay os, fsa Feon nep
act OF Ina fcsbiddpa any worldly eepoy mes'
certain txcepiors, On Sunday, YES o,so sn
case Of Smith sg,lpet he Coz monvesnn " hSfi
WA rtferrsa TO and approved. In~s was nf.
nceuseo mn keeper eouid not e. hsao1 On 'sns
vasa worIo,y bssintss within toe prnhs st@
v.sxs aud su,as sstles lead me 70 We con h'.siaa
statute IA oess.irr 10 vaid, and lauio. ,xcro,s
si,ls.ive artharlly The demurrer r.sst oe or
.nb ittsv.v Il answer Ia tseniy avs % pa
ccsis. BsS,y A ctsE 'or pisny.sas, donsJ Z
for deIeudanA