The New York herald., 1874-12-08
SUNDAY ADJUSTMENTS.

The case OF Adolph NeuendorH vs. the Police
commissioners was heard yesterday before Chief
Justice DAILY, holding Special Term Of the Court OF
Common Pleas.
The plalntiH sued the Police Commissioners for
damages and an Injunction, because they inter-
lere with his Stadt Theatre performances on sun
day night The Corporation Counsel answered
Setting up the Sunday law Of 1860. To this the
plainuf demurred, and upon oil the Issues as well
Is upon the dissolution OF the injunction the whole
suoject matter came up Tor consideration. To q
great extent the arguments were almost tden.
hcal with those hitherto had In the StraEosch
ease, before Judge Donohue, who has not yet rem
lered mis- decision.
Mr. Charles Wene for the plaintiff particularly
claimed the act OF 1850 to be UNCONSTITUTIONAL be-
cause the prohibition OF Sunday dramas was not
announced IN the title OF the act. This was new
question not examined by Judge Murray Hoffman
IN the Hoyne case the December following the
original enactment, nor by Judges Sutherland aud
Alien III tne February ensuing. They only passed
on the constitutlonallty oI the law as interfering
with tie property OF theatre managers, and as
being matter or police reg ulatiou on SUNDAY.
MI. Oakley Hall, on the other side aud employed
by the Corporation Counsel. contended that
held the Sunday law because 1t contributed 10
pubic order and peace oy linltlng theatrical ex-
niDit!ons to week days, and hence lhe title, An
act to preserve the puUlic peace and order on
Sunday" Besides. although the act Is local, lis
BuDlect Is lalry and reasonably announced, and the
subject oI the whole uct was single one. This is
The language oil the Court OF Appeals in tn Q
Mayer case $50 N. Y, Keports). The Court
respect or relate to one subject the constitu-
hondl mandate IS complied wlth and the degree or
tue relationship oil each provision Is nor material
II II le91tlmateiy tends TO the accomplishment or
the general purpose" The learned counsel on
both sides seemed to refrain from touching the In.
terestlng questions OF pubic policy embraced IN
the act, and relied upon the legal and constitu-
tional aspects OF the case. Mr.. Hail expressly ar
Eued that all other aspects were cut Oh
might, If an Assemblyman, take diff
ierent view from that he was compelled to
argue as counsel under the Llndenmuller decision.
II the Law was Ia force 1t ought to be Obeyed. II It
was against the aggregate Oi public opinion then
sue only Quesuon opened was one OF modification.
He believed the majority ol the theatre managers
were against Sunday evening performances. His
friends and clients, Messrs. Waiiack and Bouct.
csult, had both petitioned Tor an enforcement OF
tnus no rest be allowed to performers
whose Saturdays. were douby heavy In
work. The law Of the courts renamed as an.
nounced BY the Court IN the Llndenmuller case
VIZ, "ln the state OF New York Sunday exists az
nay or rest by the common law without the ne
eessty Of legislative action to establish It, and all
that the Legislature attempts to do in the Sunday
aw ts to regulate it's observance Accordingly
the Legislature have lnterdicted certain Ousi-
Eee and permissible. The real concert was NOT
proniolted; but the scenic ana property represen.
tRtion OF plays and operas were. The law might
be an wise, but the Courts had said the Leglsla.
ture had right to deal with sunday as II had
eone The Court reserved it, decison.