, 1879-04-30
MIR. JAMES o,NE1Ls..s ARREST.

yam fSft1ettCO EHFhHtftF TfffI 2!+
Ja,ncs O'NelIi, tho pcrsonator Of J<s"s Christ
III the Passion r1ny ut thu Grand Opera-fIouse,
was b.nught yesterday morning into the Fourth
1)istrlct Court on writ uf haheas corpus, TINT
tho constitutfma!ty oi tho ordinance Of the
IIoart Of Supervisors against thu representa-
tlt'1 u al,et, play might be passed. Upon In d.
cltlinv whether lie conld hc legally Imprisoned
upon conviction Ind In the Police Co,lrt for II
violation ot sucI, ordinance. Counsel fur the
petitioner, in Ills argument for the discharge of
the prisoner. claimed Tint the Supervisors had
10 powcr uatlcr tho Consolidated act to pass
such IN ordinance at MI; TINT tic
ortl!nnnce was an arbitrary onc, for
bidding a steclnl nett: that It
was 80 cnnnInsly, wordcl rs 70
tlchor the defendant Of Ills right VI The trial hY
Itself, IN cnntrayention 0f any aw If ilc land Or
ngatnat publtc morality. or hcccIcy, Or safety;
that II ti.r Supervisors hat power tt' make this
ordinance they could oEtla!h what sAapc pi Int
not be permitted to perforta their religious
services; autI tl,ut II tn. Court ha'l not power
to 70 back Of the ordinance a'nl Inquire into !hc
rial nature of the act protbteH. ". were living
Under wurao md Iapre unl'cstl"l'aolu deEpos-
ism than tllut OF conhtantnou!e. Ot the nature
If this plny, counsel said tlht thirty Ycars aC9
he Ind Witnessed the representation VI 1tutlens
celebrated picture Of the Descent from the
Cross by tic Keller troupe, nitl the ncUory of
it was still sncru aml ct,aetenIn. ore, asn! pro.
motive vi brttrr Influences; Hul thai lie believed
That tllc memory Of the 'Tnss!on :" play,
wlllell s,u lsnd twice Witnessed With unbouM!ed
pleasure, nltll which had been Witnessed alsn ny
Tic rest Of tle bcst peopls Of "" city, WITH
cotntucndntnn Nul approval, woul bc q similar
beneficial rbcinhry fur latcr period OF lifG. IL
WINS different flpm religious services IN the
CHURCHES only IN Sllnt 1t was alore nrt!stic anti
impressive, but d tt1lat rcspcet TIC difference
authorities in support Of III. position. Dis;rtet-
Attorney aiurt,lsy confined hia argument to the
maintenance Of tie point tint tc Legislature was
thu highest court Of the latId, with un!oHbtcu
" had BEEN delegated to tile Supervisors, nn,l
tl.at tho pnssngo by them Of the ort!rascc
against the Passion pIay carried with 1t the SUD
position tint ITO uthcr Court could SGT inside
lint thu qllality Of the act Forbidden had tlrst
Uccn duly uscertainel BY it. In support VI tiis.
powcr of thu Supervisors to forbid acts nut eyii
IN themselves, o ciled the decisions Of tile Su-
preme Court affirming decisions tn the Courts
bclssy in tho cases of Andrews, Hebrew con"
yictcd Of prosecuting Ills secular bus!nGss
on tie Christian Sabbath In violation ot the
Sunday law; of Schradef, convicted VI maintain
ins s1Aughtcr.house within limits iurbtidctl
bY Il San Francisco ordinance; ot Smith and
Kcati,., Irn,ale larEcr hcer aspenscrs, colt
rrocgcry after 13 o'clock midnight, contrary to
a Encrutueuto ordinance. In nll tslese lslu III
uun,cruus other cx parte cascs. the Supreme
Court Ind affirmed ana rcailirnci the mower Of
Municipalities to prohibit acts nut wrong i,
themselves. The orunAicrs ayainst rapid
driving uver the crossings u certnn dcsiEI;atftl
streets; against tl,r erection OF wooden buildings
within CERTAIN dcslgnatvd limits; a.ainst shc
Carrying Of concealed weapolss, or the tiifc,aFge
OF. lirenrnis. were also eiteh us having eean ire
auently sustnnrd. FROM thu questions asked
bY Ills Iionor Judge Murrtso., md the s.sgges'
lions made tty h:u. It Is nferab!u that he llas nc
doubt Of tllc power of the snneryisars to pro
'.!bit things mt lad in Themselves but IT is alse
lnfcrabie tnat lle L. Equally strung 70 the opno
tue towrr TINT prevents 1t from becoming
arbitrary. Ile aaiI tllat le would Gife his de
clxtuu ut tu carly datc.