New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1906-03-14
SUNDAY CONCERTS LEGAL.
Court Acquits Mr. Conried of Tio-
lating the Lac.

Justice Deuel.. presiding in the Court of Special
Sessions. yesterday handed down n decision in
which his associates. Justices Omsted and Nc
Kean. concurred, acquitting Heinrich Conried of
the charge Of violating the Sunday law in produc-
ing Verdfs Requiem Mass at the Metropolitan
opera House February Il Mr. Conried was in
OouIt with his counsel. ex-Judge Dttenhoefer pre-
pared to give bail IL the decision had been against
MIN he expressed pleasure over the decision. and
ms counsel said that II should be noted that the
decision really justified the city authorities in CIV
ing open air Sunday concerts in the parks in sum-
mer
Police Commissioner Bingham yesterday after
noon would not talk about the decision, not having
read IT, but his secretary said the police probably
would not regard the decision as establishing
rule for the protection OF all so-caIled sacred con-
certs given in theatres Sunday. The fact that
the magistrates persistentiy refused 10 hold pro-
such Sunday concerts. he said, did not excuse the
police from attempting 10 enforce what seemed to
be plain provision of law.
Charles Burnham. president OF the Theatrical
managers Association. would not comment the
decision last night. He not, he said familiar
enough with it, or with his counsers opinion of It.
to say whether not 1t affected such Sunday
concerts as that at the Dewey. Hammerstelns. the
New-fo rk, etc. One manager, however there are
no Sunday concerts given at his THEATRE said:
This decision really decides nothing Nobody sup
posed Conried was violating the law but every
BODY knows of the theatres do every Sun
day night in the year Probably the will drop
here. and the decision will be used cloak to
cover all further violations since IL has been
spread abroad that the Conried is typical
which it really isn't"
The decision of the Court of Special Sessions
says that the evidence in the trial OF Mr.. Con-
ried showed that the only performance consisted
Of vocal and instrumental music. adding in part
There is not the slightest evidence OF any inter
ruption OF the repOSe and religious liberty or the
community Nor could there be any this par
ucular occasion because OF the nature OF the
music There was some appropriate stage setting,
which was not changed during the entire per-
Torrance: there theatrical costumtng and
there was no use made of a stage curtain
In order to sustain a conviction, what was done
at the opera house February IL must have been
the whole a part of more of the
things prohibited. The only witness on the part
OF the people police officer, not an expert
in public entertainments. who testified in gen
unable from the evidence TO assign the case to
either of the performances forbidden by the
Penal Code.
1t does not appear that anything az all was done
at the performance by the defendant. The section
In question pertains solely 10 things actually done
the Sabbath. and there Is not the slightest
evidence before the court that defendant did any
thing other than TO authorize and permit the con-
cert to be held. If there had been contest on
that count the appropriate tribunal would be the
ma gistrate's court, offence under that sec
ton is within the summary jurisdiction OF magls-
trates.