New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-12-03

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rsn and newspapers have applied 10 the Board OF
Police commissioners to be advised IL thpy Nouu VIC
6rsorrd That in the opinion Of tins Board the running
of surface and elevated railroad Gals anu erJ DodtS
inn nf he penal code and the superintendent Is
directed TO notify the force accordingly
ATAIK WITH MR. ANDREWS.
Cornorstion Counsel Andrews stated yesterday
that he would like to test cases made and car
ried TO the Court of Appeals :" At present." he
said there is a great deal of confusion and indie
cison "a TO what really constitutes an infracton OF
tbe Sunday laws Street cars and telegraphiDg, for
pstonce were not in existence fifty years ago. The
courts of the State of Georgia have gwen an
oninion that tho use of street is necessity and
running them therefore, is not contrary to law. In
some otcs there has been no decision on the SUBJ
iect. Take theprintng and vending of newspapers.
The Court of Appeals has rendered one very sweep
ing opinion in this particular. James NJ Smith
then the owner of The Sunday Courier,
sued man named Wilcox for advertis-
inc in his paper. The contract was drawn
in due form, and the publication was
proven. Wilcox alleged. as defence. that tho
printing and vending OF newspapers on Sanuay
were illegal The case was carried To me court OF
Appcals which rendered very elaborate OPINION
that the printing and vending OF newspapers
on Sunday were clearly illegal by reason OF tho
soouently passed an act declaring that n
contract made for advertising with a
Sunday newspaper was ms legal as WIN ,.o one
This does not affect the main question. however
that of printing and vending ON that the dccISlon
of the Court of Appeals, think, Is stll applicable
t is advisable that some of these points should be
settled by the courts. The Board of Police asked
me to instruct them as TO thelr duties undeI me
law This coult not do further than TO ADVISE
them to arrest IN cases OF clear violation or the
laws Al the Same time 1t will be necessary 10 eX-
ercise due discretion; otherwise great hardship VIII
be worked
Department. was apprchcnsve that his force en-
gagged in removing snow and ice from the streets
and avenues might he interl'reu Wit4 lo,GS ny
the police Chief Clerk Morrison called on Corpora
ton Counsel Andrews, and was told by the latter
that the department could go right along H. us
work of cleaning the streets-that the ponce had
no right TO interfere with Tic force engaged. sun
day is Il day when there is very llttle travel,
and the work of clearing away the snow and ice
can be carried on to very much better advantage
than on week days
WHAT THE POLICE CAPTAINS WILL DO.
Most of the police captains in the city were seen
last evening by TRIBUNE reporters who inquired as
TO their intention in regard 20 enforcing the proys
IONS of the new Code Captain Mcdonnell, OF the
Eighth Precinct, said that be would do lis best 10
enforce the law, although ne did not think that
there were enough policemen III the city to
stop every violation of the Penal Code. This same
thing vas tried in 1885 by Superintendent Ken.
ucdy" said the captain, and it just lasted two
sundays. But | have received strict orders from
the superintendent to arrest everyone violating the
law tomorrow. and am going to ice my best cf-
forts to keep every store closed. / have in
formed all the storekeepers who ARE in the
habit of keeping open on Sundays that
they must close tomorrow. \ COOL many
BARRIERS. groccFs, cigs.-dchrr5 and hacluncn have
called 10 see me in rciat TO The Code, and asked
If they would be iutericrcd with They are all
good. pcaceaole quiet. orderly citizens. but | told
them that ! had as mach right TO give them per-
mission to commit a murder IS to allow them
20 continue their work tomorrow. They all said It
would hur, them very much. but they fully UNDER
stand the consequences. \ hickman asked if he
could not go 10 a steamer which will arrive to-
morrow and take the people home; / said thai. as
| understand the law, he could not. Probably
some of these men may ~ cmpt TO break the
law, claiming that what they are doing
il necessity covered bY the Code 1t
may be heard in some instances to dsprove what
they say. | don't know whether there will be
many arrests tomorrow or not, but We are allowed
20 take bail, AID any PRISONERS shat I know to be
usually pelceable Will admit to idil vihOut lock-
ing up. The police courts viii keep open until II
o'clock, and after that hour ali the prisoners would
have to be locked up II We dlu not take bail"
Captain McElwain, u the West Twentieth Street
station said that he should enforce the Law TO tho
best of his ability All cg1r stores. barber shOps
nduOr stores an Il lager beer ~ OOns would not be
a lowed to OPEN Butcher shOi and fish and milk
stores would be closed after a. Ia. lie regretted
to be compelled to enforce The laws so rlgidiy but
he had no choice IN the matter
Captain Williams, OF The West Thrtieth Street
Station sad that he should see that the law was en-
forced TO the letter. lie did not wish to cause mich
a the busIupsg i,,tl
bad no alternative. Mr.. Storm, OF Straton q
Storms cigar manufacturers pf0pretOTs of e. Oh cen
cigar stores in the city had Gale him and asked
him If cigar stores were to be closed. The CAPTAIN
told him they certainly would be, and any violation
Of the law would be followed by tho arrest of tue
offender. MIR. Storm went away expressing his
courts. Mr.. Green, of the officials in the Street
Cleaning Department, had called on HIM 10 know
and ice from the streets would be tered with
MIR. Green was told by Captain Williams !
that this was an infractOn of the law
aud he would arrest any OF the force whom he found
Ihns engaged. lie was Informed that CORPORATION |
Counsel Andrews had given an opinion that this |
work Was necessary and was therefore exempted
that one man should be arrested and taken before
the nearest sitting MAGISTRATE, and his de-
,ision as to whether the law was
violated by working in this manner
should govern all such cases. 4 con
,ert was advertised to he given AT the Alcazar by
yIlmOre's band. captain Williams said he had IN
owed TO give this concert, until he was toid that
il was for a charitable object, and then lie gave his
consent.
The sergeant in command az the
West Thirty -seyenth-st. station SAID that
the law would be enforced IN
that precinct. He could find nothing in tue Code
however, which compelled the clopng of stores
The law was explicit, however, In declaring that
only certain articles OF consumption could be sJld
up TO 9 a. III.
Captain Ryan. of the Ihirty-tifthst. station, said
hat great many persons had called ON hun
and asked If they could open their stores; with
had told the questoners that their places Of 6usl-
hess must be closed.
Captain Clinchy, of the East Twenty.second
Street StatOn saId that he PROPOSED 10 enforce the