New-York tribune., 1874-12-14
THE COURTS.
SUNDAY rHEATRIcALs UNLAWFUL.
TUE NJUNcTIoNs PROTECTING THEM DISSOLVED


OPINION OF CHIEY-JUsrTcE DAILY.
Chief Justice DAILY rendered his decision on
Saturday In the case Of Adolf N~uendorf against the
Board Of Police, In which temporary Injunction hao
been granted 10 restrain the police from interfeinR
with his Sunday performance at Terrace Garden. Inc
case brought to test the constuonaify OF no nc.
passed about fifteen years ago forbdding all theatra
performances. Soon after its passage Its constitution
ality attacked two grounds; rst. that IL inter-
fered religious liberty and second that 1t involved
more subjects than The act was held free from
either Of these Objections and acQuesced ID un
recently when IL assailed the ground that the
title IAN preserve the public peace ana or"ei
on Sunday" and the subject, the closing OF places
OF public amusement were not In accord. "nu
that the title did point he limitation OF tno ac'
to New-York. Max strakosch brought similar SUIT
but on q motion for an injunction Judge Donohue
thought an oct should not be held ."
SO narrow point In mere motion. and dened IL Ano
case came before ChiefJustice Duly on formai ue
murrer and fully argued and he sustains tne oe
murrer holding that the American idea OF peace ana
order Oh sunGay involves from all bus necessary
and charitable work. and quiet and therefore ineuuo'
the closing theater Except for the necessary oey
in entering Judgment there would have been no'ainS
to prevent the police from enforcing the law
Following is Judge Days opinion in full:
tits claimed that the act is unconstitntona, ti
uon requires expressed IN to. II Is entitled AN Al
act to preserve ploc peace and order on tue nss @
day of the week. commonly called SUNDAY. anu III .u
subject Of it is the prohibition OF public theatrcl pei
forDances that day In the tlfy OF Ne"' rasr
upon sunday need not in its express what pro
hibiIed ia the act with view TO that end, lor u s
or be expressed by the te. which would be a0surl ~
sufficient II what is Forbidden 70 he done comes
the general purpose expressed IN the lite n % 70
on of pnblic peace and order and consideng ,ns ~ ~
the rule Of Interpretation how can his Court r
tudiclay that the prolDltIng OF public tneatfca ~
forances IN this city Sunday does not AID cahno ~
any way conduce to the preservation OF peace anu
upon that day. IL Is argued tnat In the msJory 20
Christian countries public theatrical performances are
permitted upon Sunday TO which mny ada aifa AM ~
many or most OF those counrics al er sern ssryi.
shops are also allowed to be opened and all servnr ,nn
employ ymeDts carried on the same AS upon any ria
day Of the week In nearly all the States 81 uiS %
however, well rs In the country from whch oei
uons derived no such pracce exists, or
Is regarded not alone as DAY OF renIou, % US Risnon
hut also day OF rest. ut is mistake, says Diiop'
TO suppose that SIbbath-keepng Is talnS ~ a, s9ue
religious Observance or esprcalIY tcue. ,I u Inc
pirucular sect; Oh tine contrary, ne reh'i n, w
IN seven wherein the thoughts "a Aio ioro anotner
unysiral activities shall be turned lhto auo.'o.
than their accustomed channels, l. thing 40
mGch to the law or nature as Is ne inter go w vn
nights the days. (Bisnop on CrltnlA LsM 49, ~.
State forDiding any serv,ie aDorng OF worxs on I..
day, excepting works OF necessity OF cIarlty a'.
doue by those who keep Saturday as the'r oaop'';,
forDiddlng tine sale of goods wares or ia
iorbiddiug many tllnGs from bsns done @ 'vn AN
otherwise harmless, such sh0otiDg, nnhlue, i'
a., g.. Rev. stat. pp CO. 6bl; anu nHo a. ng
exist III Ulner States ana IN Great Bfltiih' p5 ns
eS Al
Britain theIters have been closed upon ounld{
custom existing long aud 50 university VhsI'ou, a"
to III spense tho Necessity or statutory chc.mhss
uuin theatrical prJpflrtors III this ci.5
undertook L segard 1t some lew years ago, VIII
led TO the Enactment OF the statue III qieouon'
Tie quet and order upon that day incident 10 te SUI
tag Up uf All places Ol pubic anischehi, tIe aDcpe.
labor are III marked with the mingled pa sat
bIslness ard pleasure Sunday III many oi Tue cc
OF Coutinen cal EurUpe. In Cities when hr ifh
ING gous In the churches, AL atties
are Tree work, labor, traffic aDuse themselves hs
they think proper Dut III cItes the great Ouh Vi e
ing nut In the afternoon tie evening" 30 tnat
by "A very large the Observed Lr'nghOut as
rellgOas obligation ana duty WEc 10 ~! ~ is
"A CAV OF rest IRON their Ordihary employnents abd III
they make of quiet IL Is tls wcii-
known feature wncI gives TO The sunday win us
order sufficiently distinguished
ana indicate generally wnat Is meant D'
the preservation order Sdndy expressed In the
lille to this Previous laws nave forbidden I'll
WORK and labor that day except WORKS O necessity
and CHARITY; but IL the heaers are opened or te gN
lug Of pu0lc performances the actors and ali epIOyeI
IN giving them violate statute fOrD!dlng wOfk ana
Sunday, aud element OF order wnlrn IL Was
the design OF THESE statutes 10 maintain - disturbed
There s therefore featgr OF order which u preserved
py Keeping theae.s closed bgndab. ana That
beug ne object OF the act IL II expressed by Tue tl
The uhie that the tile does n0t express tnat the
Act Is hmIt CIy No|-IJrk Il not well TAKEN
All tnat Constitution requires Is Iat the ac bc
The subject OF he act d!srg gdshable from its local
vDerO and IL IS the fact OF lis ocdi operdtvn ascer-
iu.d by inspecting body OF the aci which renders
1t VOID provision Cf TIC COnsl utiol mas NOT Ooe
ped with. Judgment must therefore De rcnucfeu
tOr tie oeIendanl5.