New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-12-03
ENFORCING THE NEW CODE
ACTION OF THE POLICE BOARD.


There was unusual excitement at Police HEAD
ou,rto,s vesteriav on account of the preparations
| for enforcing the new Penal Code. superintendent
| Walling who had been absent from the city on
limiting excursion was in his Office ut an carry
hour and was beset by business men OF many
classe, for hours until his patience was wei mgh
exhausted Policemen in oil the precincts had IN
formed shopkeepers that the Penal Code was 10 Do
enforced on Sunday, and many of the shopkeepers
were anxious to know how they would be Affected
bv the enforcement of the Code. he activity or
police was caused by the following teegraphic
order which Acting Superintendent Thorne hau
sent ont on Friday to all the police stations:
You will on Saturday notify all persons dong Dnsl-
ness in your precinct that the Penal Code. which went
into effect on December1 l, 1882, will be enforced
Mr. Waling told his questioners that the Penal
Code was published. and that the police must as
sumo that the public understood all OF lts pro-
visions He could only say that the Code wonid DO
enforced by the police 1t was to be assumed that
the citizens of New-York were wiling to obey the
laws. When asked az to the sections Of the Code
which prohibit the dongOf certain things on sunday
Mr. Wang said that these sections were the most
important which the police were conpclleu 10 taAo
why have not the police enforced the Sabbath
laws more Iiady hcTetoforef - he was asked. ,
Bee iuse" he replied. lit was not mtil me
Penal Code went into operation that the
police were obliged to make arrests IN many
cases of violation Of the sabbath laws f2rmo err,
demeanor, but the guilty persons were IaDlc 10
fines to be sued for aud collected by the Commits
soners of the Poor i'll the various counties OF the
State Now, under the provisions of the Code.
q policeman who witnesses violation OF the SAD
bath laws must make arrests.
Shortly after noon the police captains began to
flock to Police Headquarters, and for more than
three hours they remained in the building awaiting
some definite orders from the Superintendent Inc
Police Commissioners with the exception OF Mr.
Nichols who is still sick, were III their Offices Do-
fore noon, and they passed the following + s0lu-
tons:
Resore9 That the superintendent h, and Ia hereby
directed 10 issue general order commanding all nspec-
captains sergcant', ronndsmen and patToimen TO
amended by Chapter 3s4 OF the laws OF lSS2' ana
espc 'aly OF Chapter OF Title 10 OF the Penal Code as
Rcsoifcd, That al captains attend at their respective
precincts on Sd INST and personally eupcrntend the
execution and enforcement Of the foregoing order
OPINION OF THE CORPORATION COUNSEL.
The police captains who had been called together
by order of the Commissioners, were told that more
explicit instructions would be given to them YER
bally as soon as a communication was received from
| Incorporation Counsel. After a long delay, they
we're ushered into Mr.. Walng's Office, where the
four Police Inspectors and Commissioners Mason and
Matthews were seated with the superintendent, and
the letter from Mr.. Andrews was read 10 them.
The letter is as follows:
JAMES MATTHEWS. rSq., Commissioner Of Police
Your letter OF tho lst instant, In relation to the
Penal Code, did u hands until yesterday
afternoon AID the time allowed for reply is therefore
very short, considering the difficulty ana Importance OF
the Que. t0ns involved You ask Inc TO advise the
Board OF Police TO the powers and dutieS of the
| Board under sections 262 to 200 OF said Code and
wcrhCr the shall be enforced Literally on sunday,
tic 30 instant. and to the construction which should
be gwen TO the words except IN WORK OF necessity
or charity" section 262 and how far they should be
considered in attempting 10 carry out the provisions OF
me sections of the code referred by forbid the
doing sunday Of certain acts which as ampihed and
explained by tic said sections, are substantially the i1l
labor,
OF necessity charIIy ali shooting, hunting. hsng
playing horse racing gaming, other public sports
exercises paStimcs shows and all noise disturbing
the peace OF the day ali trades manutaclnres and
or offering exposing for sale pub |
hdy Of any commodities, exceptthat meats, |
o'clock in the morning, and eNcet tna fool may Inc
drues medicines aud auIgca appliances may % SOFA at
he quo s,ios Submitted by You are Of so general
character that 1t Is limos sole to answer them except In
general way. Iaking them up in g reverse |
acts which are wi;hiu the prediction Of The statute |
against seNc Labor nor those which should h2 regarded
ton had been called to p ciilc ac!s co1d not IN IN my
cases, nor eoqd any2ne II the bsence o: esai decs-
I,nor done IN wSfEs OF necessity or charity similar
Language ia used in the statutes Of many states and |
and judges have Offered greatly as TO their ine
preiaor ana the decisions in bind
ing authorities this, d indeed courts have
p!cs.y deciucd 70 follow Of them. I'll LanLcrs
seTrsl one Of the plaintiffs ana his WIFI going TO
staten island for the benefit OF sick child, and other
plaintiffs II aagre excursion for the purpose of
recreation ana The court said that hc former
clearly work necessity and duty The part Of the
arents ana that as 10 tAc I'.c our courts HI moi YET
decided that such rest Was unnecessary 90 the over
worked laborer what i or isn1 Work Of necessity
charity snonld be neieTm!hel by me circumstances
OF edcH case" so il has beer held that the words
tcnGiug lock on canal do not VI themselves purport
20 servc labor necessary hut would rather Imply
necessary work o Hun. o43l 49,, zoo ,, |
that II property vas exposed 10 lIlHtn Gshsel II Was
not uuiaYful 20 preserve t On sunday and remove i 10
airmcd "a Ncw-Yorll 35j) it held that the print,
nc lie or distribution OF newspapers on sunday was
Illegal. and that the proprietor OF newspaper could not
recover for advertisements contained IN paper Issued
sunday CONTRACTS with such liopeloiS OF al Kinds
WERE however CALLED by chapter 7O2 OF tie Laws ~
1871. In decided IN Massachusetts % was held |
that by work Of necessity wa meant pA5 zeal ana |
which was morally t to be done Sunday. under the
Circumstances Of the particular case, was work Of |
been held M Georgia that tie running OF street railroad
cars OF sunday work OF necessity augusta Il. X.
Co. ". REM - Ca, 100 though different Wow las
been taken in some other States Tine word charity.
used in the HasJacLusoit sunday law, hcud"s what
ever proceeds from sense OF moral duty or eclng oi
purpose OF the reIei or com or Oh 10, " one
own benefit Or PIE 'euiG pnIr 10; ny an r. H. co. ~
cned II accept Tho in expectation gwen by the Masa-
chuse;ts courts of the words necessity and char-
The result of the decisions s above stated that the
courts OF different stat do not agree rs To- e meaning
laws. Under our statutes and decisions some acts are
clearly serVl labor hpi done ~ WORKS OF necessity ana
cnai1ty, and regard others, the most that be
said that the matter il in doubt and can only DC set
tied Dy consideration Oh each particular case us 1t !
arises. by further decisions or the courts.
Your other inquiry is az TO the powers ana dutl,t OF
the Board Ponce under the Penal Code and whether
the same should De enforced literally
lnrepy TINS inquiry have to say that by section
2G9 OF the Code sabbdth-brcaklng 10 made INSIDE
Dieanor. luuislaOle BY line not less han ~, and not
more 80, by Imprisonment IN Comfy jail not
exceeding fvc days, or by both and that the powers
and duties OF Board OF Police under sections 2G2 to
266 under said section 269, precisely the same
that in reference to the enforcement OF other
penal statutes There seems. however 10 be some mis-
apprehension TO the contents and meaning OF these
siOns OF the Penal Code 1t being apparently sup
contains certain provisions Wnch are new.
This mistake. The legislation OF ths ana other
states reference 10 the Observance of Sunday, daies