New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-04-15
THE BARBER LAW UPHELD.
SHOPS CAN'T KEEP OPEN AFTER P. NJ
ON SUNDAY IN THIS CITY.
DECISION OF THE COURT OF APPEALS IN TESi
cAsE-rHREE NETWORK CITY MURDER,

c,sr-ruREE NETWORK CITY MURDER,
ERs CoNDEMNED-OTHER CASES
Albany. April 1.-THE Court Of Appeals to-day IN
oa.e brought TO test the law compelling barber
.hons 70 close on Sunday, handed down an oplh'o"
,r,ttan nv Judge vann sustaining the act All the
Judges concur in the decision, except Judges gray
and BARTLETT each OF whom writes u'sSe'''''s
opinion. The appeal was by Henry J. Havnor ITO"
a Judgment OF the Court OF Special oessoh'' AZ
New-Yorx City affirmed by the Appellate DI'iS'o"'
nu,nx him IS for having shaved man after p. H.
on sunday June g. 1855. The Law directs oarper
shups TO close at p. m. in New-fork anu "a'"
toga The contention of Hav3or was 'hal '"e Id"
was unconstitutional. as II was class iesisia"o"'
Judgo Venn holds that the law does not 80 De-
yond the limits Of executive power py uep'"."e
anv one OF liberty or property within the meaning
OF the Constitution. The contention tnat tne Ia"
"a class legislation Is also overruled by Judge 'a"'
who reafirms on this point the remarks gwen ~
the opinion by the Appellate DIVISION
Judge GRAY writes: Regarded as an exercise OF
polce power It cannot be justified as either neces
sary for the good OF society. or "a CONDUCIVE 10 is
welfare: and 1t Is vioatve OF constitutional prin
cplcs in that it restraints unduiy ana uneq"aiy
the liberty OF those engaged In lawtui business,
Indigo BARTLETT who also dssents. says that. wrhc
the Cour, has very properly held that the Chrs''a"
Sabbath Is OF the civil institutions OF the 0'a
and the LEGISLATURE may regulate It's observance
and rrevent its dcsecraton he thinks the case pre-
sents an instance where the lawmakers have over
stepped the bounds OF legitimate legislation IN tne
alleged exercise OF the police power. Inc co"'e"-
lion that the work OF the barber Is one OF necessity
aeedful during the early hours OF sunday TOT 'He
comtor, of the community. rests upon years or
p,act.cal construction Of the various laws tesu-
Ia,,nx the observance Of the Sabbath. i THINK
hs concludes that Chapter &S. Laws OF 1870 -
VOID as violating the XlNth Amendment OF ire
constitution Of the United states ana Tor the rea-
son that 1t Is not proper exercise OF the po"Se
power"
1.hs Cour, ~ Appeals to-day affirmed judgments
~ conviction FOR murder In the first degree In me
cases OF Tuf Tuczkewski. Louis T. Hermann ana
Charles Pusto.ka. OF New-York CITY In inc case OF
Tuczkewski the opinion Is written by Juase hsg"''
Judge Martin dissenting Tuczkewsk! Is UNDER sem
,encA OF death for shooting Adolf Ba.ens!fer, MS
partner IN New.York City on January s. 1873.
Hermann was convicted for killing his wife p Sy
E kJiTa on on Angus Angus IS ls5
The following 9iher aef in.ay were "a"'e'
" Ellen r. Randall! and another, executors. ETC.:
s ssi 1 James McEweh and another appellants
corn EscSanse Bank q shs city of Mew;Y YORK
ant-Jrdgment reversed and new trial granted COSTS
peor;e ex rel. Patrick H. CorrIgar. agt Mayor
and common counc. Of Brooklyn appel4ntm,o.rde.r
reversed and writ OF mandamus dismissed without
William s. Halliburton ast Dwight o Ci1pp and
another appeants-Mot!on 10 dismiss derleu. ,
Caroline d h2eh% IN a 81 Will M "a Louis r Blair
ceased-Moiion TO put on calendar denied. without
James A. FI,cK ag, Rodney s DTassel and an.
other appsllans-Mot,or to dSrniss denied. without
William R; Lsldlaw ast Russel: sag, appellant
Motion to advance aen!ed without sSs, So,n,rv an.
pellan,. agt Jane. 4 Roberts Controller. etc-Mo-
ton for eargumsnt dened without 6,, eI W, ,or con.
e I'm etc'ppMoton to dismiss granted upon psymen,
OF taxable costs within twenty days.
Washington Reii. and another appellants. agt
American Central Insurance CONTEMPLATION ior
JOIN r schencN-,iotlon TO dismiss his own appeal
MOI; iig. lis So 5i2 5lo si2 800 and ia
4 SEQUEL, OF THE TILDEN WILL CONTEST
The Appellate Division OF the Supreme Court had
before # yesterday sequel OF the bitter contest
waged over the Will OF Samuel J. Tden. The case
IS entitled Adelaide E. T Buchanan against George
H. Tiden and was prosecuted before Justice DAILY.
sitting at that time As Superior Court Judge. for
the recovery Of 5000 which was alleged to be duo
the plaintiff on a written contract executed by the
defendant
This contrac, In the nature OF promise 10
pay 5000 10 the plaintiff account OF legal SER
vices rendered by her husband 10 the defendant.
who was thon contostng the VIII Of his uncle
Samuel j. Tlldcn. Inc payment OF tHf .boH'y was
made contingent on the success OF the p.antins
husband and OF Robert Dun. who was advancing
money 10 carry on the Tden Will contest. The
case was heard by jury. which. under the drec-
ton OF Justice Daily gave the plaintiff verdict fer
1920 y The defendant had paid the plaintiff
s. 10 before the action was begun. and the ground
OF his appeal the claim that $3.50 was the de-
PENDANTS proportion OF the >ooOD TO when me
nlnutn was entitled from the heirs. and that the
other hers who benefited by the contest
should contribute their proportion. The defendant,
made the point also that there was no consideration
Tor the contract far the plalntin was con-
cerned, as her husband did the work which gave
Declslon was reserved Delos Mccurdy argued
the case for the appellant; and Louis s. Phillips FOR
Tho respondent. Mrs. Buchanan IL the adopted
daughter OF Moses Y. Til1en brother o. the
testator and George II. T.lden is son OF another
brother, Henry A. TNdcn
SUIT AGAINST c. +. WELDE DISMISSED.
An action was tried yesterday before Justice
Giegerch and jury In Part VII Of the Supreme
Court, I'm which ex Police Justice Charles +. Welde
was sued by Adelaide Thompson. as Administrative
OF Henry Thompson for the recovery OF 8.'Oo. The
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