The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1901-11-22
SUNDAY
SHOWS
LEGAL
Judge Blair's Astonish-
ing Decision in the
HObOken Thea tire
Cases.
INDICTMENTS KNOCKED OUT
Alec. McLean's Reform
Grand Jury Gets the
Last of a Series of
Black Eyes.
LAW IN JafGASELAID DOWN
Performances of an Orderly
Kind May Not Be
Molested.
LOCAL AUYHCRITIES The CRITICS
Only Mode of Prosecution Is
for Disturbance of the
Peace or Public
Nuisance.
LOCAL AUTHORITIES THE CRITICS
Only Mode of Prosecution Is
for Disturbance of the
Peace or Public
Nuisance.

In his decision handed down this morn
ing in the matter of the demurrer flied
by Lawyer Isaac Goldenhorn against the
indictment against Manager Henry P.
Soulier. of the Lyric Theatre, Hoboken,
Judge Blair practically declared that there
was no law against Sunday theatricas Is
ecnducsed in an orderly manner and thar
ire determination OF the question as to
whether there was any violation OF l5ae
law rested with the authorities Of the sey-
eras municipalities of the county.
BY his decision the last of the eensa-
tional indictments found by former
S..eriff McLean's reform Grand Jury
of the September. 1s99 term, is auashed
without one of them even coming to trial.
The decision in the Solllier case neces-
sarily carries with it the quaehing of the
indictments found by the same body
against Mayor Fagan, the Police Commits
sioners. Chief Donovan and Captain
HAYES of Hoboken, who were indicted by
the same body for permitting nuisance
bv allowing the Sunday theatrcals to
continue.
According to the Courts decision. local
authorities may regulate this matter by
ordinance or by prosecution under the
vice and immortality act if the alleged
evil is of sufficient notoriety to arouse
public sentiment.
Judge Blair explicitly says that there
is no existing statute to prevent Sunday
theatrical performances and If one IS de-
sired the Legislature must be appealed to.
The decision in full is as follows The
motion in this mater raised the question
whether the facts stated in the indictment
Except those stated in the first count,
which are not insisted on), admitting
them to be true. constitute legal cause
for criminal Indictment. All the counts
in the indictment, except the first, charge
s,1bstantialiy that the defendant, being
the proprietor of a theatre in the City
of Hoboken known as the Lyric Theatre,
did on the twenty-first day of May, 1893,
and on divers other days between that
date and the pending of the indictment.
each of said days being a Sabbath day,
caused to be performed and exhibited in
said theatre, with music and dancing,
certain plays In the presence of divers
persons, to the common nuisance and
damage of the citizens of the State.
'It is admitted that the plays were CIV
en- in the usual manner as on other days
of the week without disorder, and with
such music and other attendant circunl-
stances orly as We're necessary to proper
ly exhibit such plays. The question IS
whether giving such performances under
the conditions named were violations eff
the criminal law Of this State justifyi1g
an Indictment
$50 far as the Court has been able to
discover. there are no provisions in the
crimes act of this State which make It n
criminal offence to give a play or thea
trical performance on Sunday. There are
specific provisions relating to the sale Of
louor. and section 217 of the crimes act
nrovides that nuisances and all other Of
fences of an indictable nature at common
law shall be fisdemeanors.
sThe question. therefore, is whether the
offence with which this defendant is
charged was an offence at common law in
this state and indictable.
4If theS offence is indictable at al, It
nrobabIy would be held to be 80 on the
pronnd Of its being a nuisance. The law
defining criminal nuisances Is that acts
tending TO disturb the public rest on
Sunday by unnecessary, conspicuous ana
noisy conduct may amount % q nuisance.
s.The rule OF the law seems TO pc, so
far as indicated by the decisions fhat the
sunday laws SO called are pure ponce
regula tions, and as TO what falls within
their prohibition. and Is criminal, becomes
SO through statutes or for-acfs which
bring about il breach Of peace and there
b. amount to a common nuisance
~The case Of State rs. Williams, Vr.
1os aefnee With ciearness what consti-
tufes a pubic nuisance, and what as such