New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1879-01-08
TIE SUNDAY THEATRE LAW.

TIE SUNDAY THEATRE LAW.
HOW THE LETTER AND THE SPIRIT OF THE STATUTE
ARE BOTH VIOLATED-COMMENTs on The ours
TON BY GENERAL SMITH, PRESIDENT OF THE
BOARD OF POLICE, Z. RANDOLPH ROBINSON AND
OTHERS.
The facts which THE TRIBUNE published
yesterday regard the character OF the entertain
ments given generally throughout the city under the
name Of sunday concerts" were the subject Of much
comment Considerable surprise was expressed that
there many opportunities for amusement seekers
take adyaDtaga of sunday evenings and that the
real character Of the performances had not come to light
long ago The opinion freely expressed that the
sacred" concert business, which was shown TO be
only a convenient name at the head Of programmes
ON which were enumerated and dances. acrObate
performances. selections from French operas and much
other Enthusiastically low music ought TO be brought
10 end curiosity felt. however, III regard
to the law relating to sunday amusements.
Licenses for places of public amusement are granted
by the Mayor the amounts received FOR the licenses
varying fro $500 to $3.50 for theatre. and to SljC
for a circus. concer-room. other building OF place
Whatsoever according To the duration OF the license,
are turned the treasurer Of the Society for the
Reformation OF Juvenile Deuquents. Section first OF
the Act OF MAY ls72. under which licenses are issued,
specifies the Of entertainment that are to he
allowed as follows:
r shall not be lawful to exhibit TO the public any
building, garden or grounds, concert-room or other
ule. tragedy, comedy opera. ballet play, 'arce MINIS
rrsy OF dancing or any " stage
dramatic PERFORMANCE. or any performance Oi jugglers
rope dancing acrobats IN II license iosthe pace Of
had aud obtained, a hereinafter provided
section VII relates to the enforcement Of the law. and
says:
Il shall 1c lie duty Of every chef OF police, sheriff
dcuutysh riff table. captain Of police, policeman,
and every public o,er, 10 -ner az any tine sad
p.do- a. ANN ana 30 rrest and convey any per
sou OF person violating provision OF tnIs act forth
with, br0r- any police Justice or recorder or mlSIS-
trate nyu- Jurisdiction il said cltJ there 10 ne dealt
with ac oIulu- 10 law.
t. Randolph Robinson. Of the firm Of Robinson q
~cIDurr ~. I02 Broadway, the ouuse for The 80 cty
for IN, Reforll1t OF juvenile Deunquents asked
Yesterday What DE had TO say subject II Sunday
amusement. as they described in TIE TRIBUNE Of
Tuesday. when IN. topic was b.oachei Mr.. Robinson
appeared be extremely 10Th TO express any opinion at
all about the matter but finally he SAID: These places
OF amusement .c eruses for theatrical entertainments
under tAe Is12, and II these sunday entertain
ments q ral, the police have the power 10 stop
them. Nv own opinion Is that the sunday shows 10
which Won refer illegal sunday j, dies non, and
the special PROVISIONS thar day covered IL the
sunday law. II these entertainments are contrary to
law, the police ought to stop Them
The sunday law relating to amkementa was passed
in April, 1860, since which time is provisions appear
10 have been forgotten. Ii Is as follows:
~EcrIOS l. tsAau not be lawful 10 exhibit the first
dav fYc week. commonly called sunday to thr pu"hc
IN any building. gdrarn grounds, concert ROOM ~ other
ol3pace within the Gay aud County CI NeN-lotk,
ans nicrlute. tragedy, comedy. onori, ballet, play,
farce nr-IO mu-resy negro n other dancing or any
9rt v ' a1 81 lg s' cC W. drm Dram T PeT
IogaBo, o. any performance OI Jugger' acropdts OF
, A4v p r.on otsndng against the provisions OF
this aW, ami cvtrT person aiding ~ such eAHlDtOh by
advertise eIt ofpIar"S ana every owner OF itsHte 81
any builu- part OF building. ground. garden or con
room or other room or pacr VINO shaIl ese or ie
out h' same Tor tH' purP29e 81 an SUI I'LL 70"
performance. or assent that tne same D. used Tor
any such purpose f the same shall be used Tor such pi
pose, shalt be guilty Of msdtneanor, ana IN addln,n
To the punishment therefor provided by law sha4 he
, to thc Reformation Of juvenile Deinquents ~ SAID
cy are authorized, IN the name OF the people OF
of -alt society addition w wucI every such exhibit
ton OF performance shalt OF itself forfeit vacate and
pul and render void and OF no effect license wHch
shall uav. been previously obtained Dy any manager
proprietor owner lessee cousentius 10. causing on
allow H. "r letting any part OF building Tor Tie pur
pose Ot sI-h exhibition and prrioriniu"r
COMMENTS On The QUESTION.
on reading over the above law yesterday, prominent
lawyer said 60 l am glad TO see That The TRIBUNE l.
agt.-iu- IL, question Of the legality Of sunday even
ing car.s f. certainly is hlZh tile that entertain
ents sI.n - ore described yesterdays paper ought
10 be stopped There i absolutely nothing thar Is really
sacred in tie soaed sacred concerts UEat Of atc
exposure proves this concusivey Inc law relating to
n day Iu.rIncnts certainly appears at first sight -
J,r. no.G, where people conge,lte to lIs 10 what
thev know Il ~ bc secular performance, often % the
gram!ar on which There we've none but unguesuon2by
sacred selections would not attract score o! p rs0n
3 9S, the managers OF these concert n'' AD0" that
OPINION OF GENERAL SMITH
General smith. President the Police Board, said
Yesterday that he nad read the article in THE TRBNE
on sunday Amusements" and he intended TO call me
attention OF Police Inspectors Murray and Dks to IT.
the places mentioned the article were IN their dr.
Wnat protection IN law. be- was asked. do any Of
these have Tor giving entertainments ana SEEMING
Tbry have no night either TO sell liquors or 10 give
theatr,, t,ri tinnents on SUNDAY a. replied.
h. .roni nat az Aberlr'- IiyOu Theatre the per
fDrmaucr- 10 not begin uuu after midnight on sunday
R1t # Iuo- are odd hc Jaw violated II l. against
the law 10 sell liquors whore theatrical performances
Wat are he duties OF the police in case the law is
If - the any Of the police to close IN such pla g.
W. nave no right 10 Interfere 10 sacred concert, so
lon- liquors are sold and no disturbance occur
have tried impress upon thc members OF the force
Tie necessity OF suppry~-IE2 the To-" danceh"ascs
where sO-cIied sacred concerts are hcd on Ihda>
night. Many policemen. however. cannot remember
the law than dy OF two. aud after short sea on
81 vigilance. tney grow CARELESS again. The polio" cap
tns arc respou- IDLE the order O their precincts IL
/. the gros~et neglect Of duty for police captain 10
allow any place In his precinct 70 ne used on sunday Tor
theairc Performance. fr fcats Of iugsiery or shows
su,u m Tr srjI.n1 IogorS Police captains WHO are
guilty II such Ne geuce run tEe risk OF beng dismissed
from the force
SUPERINTENDENT wALLNG's OPINION.
Superintendent Wailing glanced over THE IRinJSE
article yesterday, and said: The great difficulty m
dealing with place. Of this sort lies in the procuring oi
evidence against them. The police cannot interfere
with concerts on Sunday evenings long as they
conducted IN an orderly and no complaints
made against them Dy citizens. n liquors are sold az
these places law violated but the police have the
greatest difficulty in getting evidence necessary to
yict the law-breakers. By general order OF
the department, policemen are prohibited from going
oftsx dreaz 70 rrn qx1d
Tbcv are also restrained from calling Tor drinks NJ bar
an SUNDAY, Vt buying evidence. for IN dong they
would lie tempting the saloon keeper 10 break the law.
4 policeuan nay gain entrance 10 "a concert saloon
and SEE liquors sold and drunk al the bar at tables
sunday Dt unlcs- ha, actually tasted Of tine liquors
m. evidence not strong enough ~ punish the saloon
kreper When the police DO gct evidence strong enough