New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-12-05
WORKINGS OF TIE NEW CODE.


Iow Irs ENFORCEMENT is REGARDED.
WHAT THE MAYOR, coRPORAIloN CotNsHL NM
OTHER OFFICIALS SAY.
MAYOR Grace was asked yesterday what ne
Thought of the Penal Cole and the manner IN
which IL was enforced on Sunday. He replied; II
favor due and proper observance of the Sabbath,
and by this | mean a medium between the
Puritanieal idea of properly observing the day
and the manner in which 1t Is kept ih
many parts Of onincntal Europe. ain opposed
to keeping liquor stores open on Sunday, nor wonlu
be willing TO see theatrical entertainments gwen
But can see no objection TO a man gong INTO tno
country with his family or driving in the PaFH'
should like e. see the museums and pnblc libraries
opened after p. The manner in when the Ia"
was enforced shows that there should be some ce"i
opinion on the question of Sunday observance uo
l;vcred nv the courts Elevated railroads, street
cars, and ferries are necessities and shouid DO "o
clared such. The sale and delivery of newspapers
orc almost a. ,ouch anecessity as street-car and
ferry travel"
CORPORATION Counsel Andrews said: TO tell tue
truth have been so busy that have not had tlme
70 read the newspapers to see just what was DONE
blame the Police COMM 'sOners Tor not haVlng IT,
onosted NV advice before they did. As 1t was they
gave me very little time TO read the
of the Penal Code carefully and look up the opiuons
which have been rendered on the question Oh tuo
observance of Sunday IN this and other States AS
told the board IN my communication Dohe'o 'n0
law sbould be construed as literally as possible
The loophole for the police Is inc saNn'e
oause of works of necessity and charity THIS can
he Given very broad and liberal construction.
feel very clear IN my own
mind that travel, by elevated railroads, street.
cars and ferries is work of necessity In this great
city and its suburbs. The daily newspapers are
the great ed lcatoss of the peoole. The community
will not consent that the Sunday papers shall be
practically suppressed. The newspapers are
moral necessity tn the community. 1t Is advisable
thqt decision be obtained from the Court oil Ap-
peals on this subj set as soon as possible III Iei
that we may know what can be done and what can
not be done on the Slbbath; Otherwise the sen'i-
ment of the people will be strong that the Legs
Iature is liable to sweep the more obnoxious laws
from the statute books. There Is a good deal OF
misspnrchension relative TO the various sections OF
the Code. Very many persons believe that ii they
observe Saturday they labor or expose Tor sale
their merchandise on Sunday. The law saws that
where Sa' urday is observed as day of rest such
servile labor as is necessary and does not disturb
the peace and quiet of the community may
be performed But the law Is explicit In prohibit
ing the sale Of merchandise or other articles or eX-
posing them Tor sale. Thpr fore our citiz ms OF the
Jewish faith open tn r places OF business or
labor in their manufactO les on sun ay without
violating the law and rendering themselves haoIe
TO arrest
The force of the Street Cleaning Depart
r.nt was somewhat interefed with on
Sandy. Even in or two of the
precincts the ash-cartmen were arrested early
in the uorumg while engaged in removing the
ashes an I z ,rbaga RI her tnan have any trouble
wi'b tie pol ce, Commissioner Colemln decided to
suspend the work Of removing snow and ice ON sun
day from re is which he hid designated. In most
instances the ash cartmen removed the ashes and
garbage placed il rcceptaces along the walks be-
for dayliah aud were not interfered with.
Aesis ant District Attorney Allen said that all tha
onenc coming under the Sun iay law were simple
,nisdrmeanorS and w0nld be disclosed OF ny the po-
lice mag trates or IN the court of General Sessions
In. Districi-AttOmey's Oficr was thus relieved o.
The responsibility and annoyanceo1 ,Iy NJ 10 Gu
force The l"w. He looked upon the whole matter a.
ia ce but sad hat the law had to be enforced at
1sssta1t D 81, let Att rney O'Byrne said tina, he
hugt that Ge Sg }@, w,h the Sa ors SSS S
rested fol- VIC. atIng the Sunday law ~ was hHl
against he law 60 i've wagon IN esq i co9Id pe
shown to be servi work. lie did not think b2t II
was the sens. OF the commun o have he barber
shops ana cigar sores clio ed. b 1t IL was cearly
VIC alton of the | W. to have them open. He did
not think tina the strict enforcement OF the law
woul continue long, but enOugl arrests would
pc abb, bema e show tue oliousueNs of the lay.
.hougAt of the manner which he law was Ell
forced on sunday ne rePP31ed :..;,, 4 hiYly.
been avoided by the police without
ueglectlug their duly. 1t is hard Tor an officer
or for "a magi trate to determ ne what Is an get o.
necessity. Driving III the Park or elsewhere Il not
sorvile work nor j. it a sport. This is matter of
necessity for health or relaxation. 50 too win the
delivery OF goo S in wagons. Goods may be de-
hYered In wag II that are as essential 10 man rs
his God. 1t is necessary for mda to wear clean
clothing and you can't go INTO deals TO lha o4t
VII tle goods were not delivered on ; ItuidIY. III
seems rather hard to deprive o man OF tiS
iv lrge OF having his boots BACKED, and am giad
that thes- young b y MrTe dsehareea PY ne
shops and cigar stores. ! think TIA III sc arrests
vii see to show the odiousnes, and farce OF me
law md that they will have the who csome eject
OF having the obnoxious sections repealed 10y the
SnuerInt.ndent Walling expressed himself rs veil
pleased with the action or tine police on sunday
I. Think lie aid, that tie meA in all thu pre-
cncts did very well. The sunday laws were en-.
forced generally and the cltv was unu sualy quiet
''nll it be neces airy for you to Issue fqIthsr In
structions for the enforcement OF the laws next
sanSeyr, .ho no,;oo amman 70 understand
Their duty pre- ty well. They NAV need a little
punching nj occasionally. as they have tendency
a. get slack. We shall continue to enforce the
Pen | Code so long as it remains in force"
"Will sunday evening concerts be prevented
. eyes. / do not think that the propiietors
meaning of the code by advertising TO
give performances on Sundays for charitable
purposes. III is easy LOT tn H. OF cose u give out
that the proceeus of performance are to be given TO
this or "a at cha Ity, but that only Su It5rfuge.
BesId, e. the law does not say that concerts can be
given on Sunday or chaI1tabie purposes nor can IL
b. so int + reed.
Pr siuent French. of the Board of Police, said
that 80 far as he had been abe % judge 10y reports
IN the newspapers the police had enforced the code
on SUNDAY with much fairness and cOnsl leratlon
1or he pubic as cou,d be expected. If the Legs
Ia .ure was IN session." he sad, Il would be III
favor of enforcing the Sunday laws TO tue exact let
ter IN ORDER that they might be repealed
Mt once. There is no doubt that
81 .ono...r,. fcr rna1ln rlr.nns uln nannnt