New-York tribune., 1907-12-21
THE CENTRAL BAPTIsT-1I A. NJ.
TOUGH JOB FOR BINGH4M.
DOuH Ordinance as Clear as Mud
to Him.

Commissioner Bingham will have the time of his
life this morning trying to eucidate. for the benefit
of his fnspectors the intricacies of the Dou Sun
day snousenoent ordinance. Many Of the shrewdest
legal minds connected with amusement enterprises
have been unable 10 determine just What consul
tutes educa tonal and what constitutes sacred feat-
ures 1t will be Of trying II out tomorrow
Some vaudeville managers have gone so far as to
announce lectures on Palestine ana aPpiufi
Scriptural readings
CORPORATION Counsel Pendleton will send 10 'ohl-
missioner Bingham early this morning an opinion
on certain phases of the Doull ordinance The
Commissioner has ordered his inspectors 10 report
at 10 o'clock for instructions
There were several hard conundrums IN the list
Of questions Commissioner Bingham asked the 'ot-
noration Counsel answer Here is one OF Ihelli'
rs the vaudeville performer who does Wha' Is
commonly known as a monologue TO be considered
- s,,oa.ionar reature7, 1t would If the
Commissioner were putting the Corporation CouIi-
sci through Civil Service examirauoh' LOT Il"
asked this: I'm what way does the fehai oou7
5ies. from the charter" Also, In case of con-
sict between the ordinance and the fenal oode'
which is 20 govern" Here was sticker; IN tne
nam ordinance what vaudeville acts are periitleu
and what 1re permitted
r. .t commissioner expects to get specific and
detailed list in response to the last qu'S'ioi "0
will probably he disappointed
u-i1liam C;rossrnan. counsel toT oscar hammer
+ai, said last night he thought that everything
,xouId be permitted that was not speciicaily pro-
bihited mo man outline in detail What can
or can not be given he said Il think however
that every manager has had enough experience
Nth the sunday law TO know just about what sort
~ tiu he will be able to give. One thing is eeI-
tain-fhe Board of Aldermen did not want the law
construed as Justice O'Gorman construed It,
Keith A. Proctor announced last night that at
tber Fifth Avenue Theatre tomorrow afternoon
aud evening they would give the moving picture
concentrations of the Passion Play with appro-
,,riate ScriptlIral readings and sacred music
. well known theatrical lawyer said yesterday he
believed the Doull ordinance was worthless as ii
amended something that did not exist. lie eX-
planned il in this way:
The charter provision relating 10 Sunday per-
fornances and the Penal Code provisions are sub
e,antiauv similar, except in this. The charter'
after specifically cnumerating the things tAat can
not be done puts in this dragnet clause; or any
ether entertainment of the stage. The Penal CODE
o,nits this general clause. In the general charler
,bere is provision. in substance, that where there
is conflict between the Penal Code and the char
fer the Penal Code shall prevail. There is an ap-
narent conflict in the Sunday amusement provl-
sons Therefore, under the general provision OF
tbe Penal Code. there being this Conflict the Penal
code supersedes and wipes out the charter pro
vision.
.If this is So the Board of Aldermen has amend
I'd something that is wiped out.