The New York herald., 1874-12-13
SUNDAY ADJUSTMENTS.

At length. after several days waiting and deub-
0rsting upon the subject Chief Justice Daily OF the
Court OF Common Pleas has given his judicial
views upon the Sunday amusement question. his
views he embodied In an opinion rendered yester-
Aay on the application recently made before him
on behalf OF Adolph Neuendorf proprietor OF the
stadt Theatre, Tor an Injunction against the Police
commissioners, restraining them from interfering
with his giving performances at mis- theatre on
Sunday evenings. As viii be seem he declares the
act under which the Police Commissioners have
proceeded constitutional ana oenles the appltca-
zion ior an Injunction. The following Is his
sptnton
OPINION OF CHIEF JUSTICE DAILY.
1t 10 claimed that the act IS unconstitutional,
not, as the constitution requires, expressed IN its
title. IL Is entitled IAN act preserve the pub
commony caed sunday" and and the 81 Subject Of 4
Is the prohibiuon OF public theatrical perform
ances On tnat day In the city OF New YORK. A
statute designed TO preserve the public peace and
order upon Sunday need not IN It's title express
what is prohibited in the act, with view TO that
END, Tor II tnat were 50 everything prohibited
would have 10 appear IN or be expressed by the
title, winch would be absurd. II is sufficient II
that which Is iorbidden TO oe done comes within
the general purpose expressed In the tltle the
preservation OF public peace and order, and con-
can this Court declare, judiclaIly, tnat the pro
Mbitlng o. pubic theatrical performances
IN this city on Sunday does not and cannot in any
way c0nouce TO the preservation OF peace ana
sraer upon that day 1t IS argued that IN the ma-
)orlty OF CHRISTIAN countries puonc theatrical per-
tormances are permitted on Sunday, to which
may add that IN many or most OF those countries,
After certain nour, snops are also allowed to be
same as upon any other day OF the week. In
nearly all the States or this Union however as
well as In the country from which our Institutions
are derived, no such pracuce exists, ior Sunday
reyaraed not alone as day OF religious observ-
Bsno .na
tning merely OF religious observance, or espec-
iaily q tenet OF some particular sect" On the
contrary, ne remarks, ''rhe setting apart bv the
wnoe community OF one day In seven wherein the
saouents oi men aud the physical activities shall
soanneis IS thing pertaining as much to the law
pf nature as Is the intervening OF the nights be-
So sh ed We have aV aaa.nses Ia vo THIS I
state forblddlLg any servlle laborlng or working
eSar1S en- irat aay sxSePng werxs o. or
ss their Sabbath, iorbioding the sale Of goods,
wares or merchandise, and forbiddlng many
1armless-sucn as shooting, hunting, nshlng &C.,
kc.-u Rev. Statutes PIP. 016, e7e)-and IKE stat
BY long established usage, moreover, In tnls
country ana IN Great Britain, the theatres
s esns long aDon ans snnsay' Sc sn
observed as to dispense with the necessity
70 ,o,s nn t, ONE more
Ss! egald u some lew years ago, which led TO the
mp Of all places OF public amusement, the absence
VI all trafc ana the cessation IRON ordinary WORK
ana iaDor, are IN marked contrast with the min
gied pursuits OF business and pleasure on sunday
In many OF the cities OF Continental Europe. In
those cities, wnen the morning religious service
ID over in the churches, all parties are free TO
work, labor. traffc or amuse themselves as they
think proper; but in our cities the great bulk OF
the community attend public worship not only In
the morning, but IN the afternoon. or else IN the
evening, 50 that by very large class the day Is
observed throughout as day or religious
obligation and duty, while to all 1t Is
day oi rest from their ordinary employments,
and, II they make II so, Of quiet ana repose. II IS
this well known feature which gives to the sunday
with us characteristic element OF order, sutti-
GENTLY distinguished and understood to indicate
generally what Is meant by the preservation OF or
der on sunday as expressed IN the title to this act.
Previous laws have forbidden all work and LABOR
On that day, except works OF necessity and char
ly, but Il the theatres are opened for the giving
ployed IN giving them violate the statutes forbid
dlng work and labor on Sunday, and an element
Df order which II was the design OF these stat
utes TO MAINTAIN Is DISTURBED. There is.
therefore, feature OF order which Is
preserved by Keeping the theatres closed
upon Sunday, and that being the object or the act
Ia expressed by the title. The objection that the
Etie does not express that the act Is limited to
che clty OF New York IS not we'll taken. All that
the constitution requires Is thar r the act be
local act the subject OF It shall be so expressed In
tne title. The subject OF the act Is dlstingushabe
from its local operation, and 1t is the TACT OF
is local operation, ascertained by inspecting
,he body Of the act, which renders it void II the
Piled WITH. Judgment must therefore be rendered
nr