Gloucester County Democrat. (Woodbury, N.J.) 1878-1932, 1903-09-10
AIN 1MPoRrANr JUDICIAL DECISION.
says Associatlon Forfeits iss Rights BY
Permitting Trains and TrcIieys to Bun
and EatheFs TO Hire Suits.

| Vice Chancellor Reed has filed in she
Court of Chancery OF New Jersey an
opinion that will practically revolutionize
the conduct of affairs at Ocean City, where
efforts have been directed for years to the
rather rigid enforcement of the Sunday
laws. The opinion was filed as a decision
in the case of the Ocean City Association
against William NJ Chalfant, aAdruggist at
the resort, and whose persistent sRle of soda
water on Sunday led to his arrest and finally
to the suit in Chancery by the Association.
The Vice Chancellor says that in his opinion
the complainants have waived their right
to equitable assistance and he dismissed
the bill of complaint.
OTHER THINGS GO SUNDAYS.
In the opinion the Vice Chancellor says
ssIt is proved that on Sundays three bath
house keepers had for a number OF years
conducted their business of hiring bathing
suits and dressing rooms. 1t is also proved
that on Sundays meat and ice cream were
delivered; that hacks ran and livery stables
hired out horses and vehicles; that Cigar
and fruit stores did business and news
papers were sold on the streets and that
trolley lines had run in the streets and
railroad trains through the CITY,
Continuing he says: Trolley. cars and
bath houses are undoubtedly attractive and
important features of seaside resorts at all
times. but if operations on Sundays con-
flict with the covenant, they stand in res
poet to the covenant on the same footing as
any other business 1t appears that the
trolley cars run with impunity on Sundays.
The use of the streets may not have been
in violation Of the covenant, but the power
house. in which the energy which runs the
cars is generated, is admittedly upon lands
subject to the restriction of the covenant.
Again the bath houses have been for years
violating the covenant with increasing
boldness and publicity.
BATH HOUSE CASE WAS DROPPED.
'sSome three years ago, before the insti-
tuition Of the present suit, a bill was tled
by the association, against Samuel Schurch,
one OF the bath house keepers, to
enjoin him from violating the covenant. A
injunction was refused by Vice
Chancellor Grey and the case was never
brought to final hearing. During these
three years as before, the bath house keep
ers have been conducting Sunday busl-
ness without further contest.
''In my Judgment the complainants have
waived their right to equitable assistance
and the bill should be dismissed. F"
1t is claimed that this decision will open
the way for the transaction Of all sorts OF
business at the well-known and popular re-
sort. For years it has made efforts to stop
everything on Sundays, even moving against
the keepers of bath houses who hired suits
on Saturday for use the following day, but
that proved impracticable and had to be
abandoned. The bath house men finally be-
gan to do business on Sunday and no action
has been taken against them for two or
three years. Many suits have been brought,
however, against the proprietors OF drug
and other stores who did business, and
many of them have been convicted and
fined in the county courts.