New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-12-23
THE COURTS.
SEEKING TO ENJoIY THE POLICE.

Judge ArnouX, in the Supreme Court, CHAM
bers yesterday heard arguments the motions for In
functions restraining the police from interfering with
sacred concerts and scientific lectures at the con-
cert halls Of Roster & Bal and Harry" Hill and at the
Atlantic Garden The counsel for these plaintiffs spoke
OF the Sunday laws LEGACY which had come down to
us from the PurftaDca fanaicism OF the past" The
cases cited by the counsel in favor OF his applications for
lpunctons are not TO be found in book OF reports
usually known TO the members Of the legal profession
and can only be found, it at ALL in the unwrtten books
OF supra judicial law The observance OF Sunday, he
SUD- was queston conscience In the individual not
In the New York police IL could not be matter OF con-
cern to tho higher powers that should not buy and
sell tobacco on Sunday Therefore the Sunday laws
were unconstitutional Moreover. the Sunday laws were
only aimed at worldly, theatrical or operate per
formances and not at such highly moral and nstruc-
tive SHOWS as given by Roster & Bia and Harry
HILL The counsel then pressed into his service the
argument the following whitening irony:
That there Is so much harm
On the sabbath
Argues = soul mistaken
And-prav don't start
ThatdevlId kidneys show deyish hearth
Corporation Counsel Andrews before replying to the
counsel for the sacred men, untouched his
wings OF eloquence and laid them the table before
him. Then he took his stand the law and stood
there He said that the Court had Jurisdiction to
BiH"b INC llDuncOns asked ht was u ulllb
In his firm stand the law by the following question
from Judge ArnouX:
"Don't you think that II this statute were literally
construed the ringing a church bell would be viola
ton OF the Code o.
Mr. Andrews confessed that the question quito too
embarrassing and he humby prayed the discretion OF
Judge Armour, sitting court or equity, 20 excuse
him from giving explicit answer which should
all Mr. Andrews said If the Court decided to
grant the niunctons, he would instruct the police 10
make no more arrests in similar cases
william $. A. McGrath then argued the motion for an
injunction in the case OF BradeDburgh who keeps
a museum In the Bowery. He asserted that
Sunday there was nothing 10 see In his clients
museum except living curiosities aud views which
dissolved to the music Of a modest brass band.
On week days, on the contrary, the museum was the
OF variety entertainments and the sidewalk IN
front OF the building a bold brass band made life
calamity TO those VINO lived In the neighborn0od Under
these circumstances appeal could be confidently made
to the constitutional aud statute law and the whole
accumulated mass OF dicai law since the nlst puonea
ton OF toe twelve tablets OF Rome aud IDENTIFY to
one law as to tue other to prove the plaintiffs right to
Mr. Andrews said that to speak the truth was duty
imposed upon him by his Office however painful 1t
mig4t be, and the truth that Mr.. Bradeubarghs
Sunday museum was a show, and the Code prohibited
Franz Goldsmith asked for injunction because, he
alleged that lac INTENDS to give the proceeds OF MS trunk
Andrews thought that it would be necessary
TO have a receiver appoted to take charge
OF the proceeds OF this charitable business before any Ia
junction could be granted. The application for an IN
junction could not be spOGen OF seriously Bernard
ported mis- motions for iunctIons mosuy with the as
serton that icecream species Of highly nutritious
.oOd, and that it's sale Sunday not within the
prohibition OF the statute. The aflavits OF several
physicians, druggists and chemists were read In winch
the nutritious properties OF ice-cream were highly ex-
tUled.
Mr. Andrews said that he could not go quite the length
Of admitting tuat Zee cream more nutritious food
than roast peef; still inclined TO tank that Il
m-ht with no too great stretch of the Imagination De
called lood William f. Watson, flower dealer. wanted
AZ Injunction on the ground ne had many contracts
with churcses to urnsh flowers on sunday ne was III
sad pOsliOn The cuuIcne5 would not take his howers
uu ne delivered them Sunday and ii he attempted
TO deliver them sunday the police wOulk arrest nlm
Judge AruOuK reserved his decision IN ali cases.