New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-12-03
uoW TIE CITY WILL FARE TO-DAY.

This will be the first Sunday under the new
| Penal Code and there is a general feeling OF
| curiosity as to precisely what sort of Sunday
| If is 70 be. At one time it seemed possible
that it might be such Sunday as New-York
never saw, and one for which it would be
necessary to 90 back to the days of Plymouth
Colony to find parallel. rigid construction
and enforcement Of the letter of the law would
certainly reduce the congregations IN our
churches to small proportions, for under it
every street-car and every elevated railroad
train might be stopped, and every fenyboat
be forced to lie idle. Every reader of a news
paper might be deprived of the comfort, con-
ISOLATION and cheer which he is wont to derive
from the enjoyment of lis favorite journal.
Not only that, but he might be forced
also to go without the news on Mon
day morning, for the provisions of the
Code might be twisted to prevent any work
before midnight for the Monday papers. If
Newly Workers had thought there was really
serious danger that they would be cut off from
their newspapers, their cars and their ferries
to day, there would have been an outburst of
wrath and disgust that would have shaken the
city to its centre. But they have been so ac-
custOmed to see just and fair laws disrcgarded
or loosely carried out that they had little fear
extreme and oppressive enactments would be
executed to the letter.
Then, too, as has been shown, there is moth
ing that is new in the Sunday provisions Of
the Code. These prohibitions Of trades, manu-
features and mechanical employments ; of pub
lie sports, exercises, pastimes and shows; Of
the public selling of commodities except with
III certain narrow limits-all this legislation
was contained in the Revised Statutes of fifty
years ago. Such prohibitions have been
little more than dead letters to this
generation at least, and very few
persons in the community outside Of the Bench
and Bar ever knew that such laws stood on the
statute books unrepealed. But when the police
force began to bestir itself, and notice was
given to shOpkeepers and Others who had been
doing q Sunday business of one kind or an
other that arrests would follow any attempt
to continue their Sunday trade, feeling of
alarm was aroused among those people whose
pursuits OF occupations would bring them
within the danger of the law. Fortunately for
all those engaged in any employment
which an enlightened public opinion sanctions
as legitimate and proper on this day, this Code
contains an article reversing the former rule
that penal statutes must be strictly construed.
and directing That the provisions of this Code
be construed according to the fair import of
its terms. Fortunately, too, we have Cor
poration Counsel who, like his predecessor,
Mr.. Whitney, takes broad and equitable
view of the law In his opinion on this
subject, Nh Andrews justly says that the
question how far these Sunday pro-
visions "shall be revived and enforced
"must depend largely upon the decisions of
"tLe courts as to their meaning, and upon
the support given to the police and prose
"cutng officers by judges, juries and public
"Opinon.
1t is clear enough that any attempt to carry
out these provisions according to the sirctest
construction Of the wording of The Code would
be oppressive in the highest degree and would
be opposed by the best public sentiment OF
NewYork. How many of the clergy of the
city would favor the stopping of the ferries.
the street cars and elevated trains, and the sun
preston Of newspapers both on Sunday and
on the morning of Monday2 Only few of
Ineagre minds who are strangely out of place
in this age The only atmosphere in which
they could feel thoroughly at home was that
Of Massachusetts, Bay at the time when Quak-
ers were scourged and witches were hanged.
The decision of the Police Commissioners that
ferries and cars and newspapers should not be
interfered with will commend itself TO all men
of temperate and tolerant views.
In the light OF this decision citizens may be
confident that they will not be annoyed by
unreasonable and vexatious interference to-
day. Nevertheless, the new Code is likely to
work no small change i'll the Sunday aspect of
the city The obtrusive and noisy traffic so
common III Chatham, Division and many other