New-York tribune., 1907-12-04
BAN ON SUNDAY SHOWS.
VICTORI4 LICENSE LOST.
Court GiUes Final and SsoeeWng
Decision an Test Case.


prohibited"
This applies to New York City. In fact IL is
part of the opinion handed down yesterday a1ter-
noon by Justice O'Gorman In the Supreme Court
The opinion be sure. evoked by the suit
brought by the CORPORATION Counsel against Oscar
Hamn1ersein to revoke the license OF Mr. Hammer
STEMS Victoria Theatre. Nevertheless. IL means
that ell places of public entertainment are uhdef
the ban on Sunday. Mr.. Hammerstein happens 10
be the scapegoat, or. he put it last night Just
the goat
Justice o'Gormans decision affects not only
shows that are on the verge of the weekday enter
ainuent but II also operates against Sunday night
concerts such as held at the Manhattan ana
the METROPOLITAN Opera houses. 1t means that a
Bostonan will feel perfectly at home in New York
on Sundays. The managers of Manhattans thea-
tres realzze this and therefore last night Theatre
Alley and its colonies arteries were sizzling WIN
argument. Men whose capital is invested in anhise-
rnent companies thought that right on top OF bank
suspensions and a snowfall of Clearing House GER
tifcates this latest blow was just bit disooncer.
Ing. They were eagerly talking Of ways in which
they might be arrested. and take the subject UP to
the Appellate Division
But the original idea came from Oscar Hammer
stein. Perhaps from sorrow. perhaps from chagrin.
possibly because of the heavy snowfall he did not
wear his famous hat that looks like old FASH
ioned oil stove for the front psror. But he talked
freely from beneath the brim OF felt that was
reminiscent of Major Burke, chief of staff to
Colonel Cody.
why? Why? No: it is not right that We man.
ayers and providers of amusement and education
the people should make martyrs of ourselves
If the other managers Will agree. suggest that
we shuuIlp places on Sunday. It will not he
long before the people will protest. They will
make the fight for their rights. 1t will be
better than il the managers protested. Some might
say the managers did II for reasons OF money
ding. But let the people. deprived Of their
amusement on the day of rest, come forward. as
sbox- will and tyfIj hp hat vi ma Ve
advanced beyond the blue law stage"
Mr. Hammerstein explained, in reply to CUES
tons, that he would not necessarily follow this
plan himself alone unless he had the cooperation
OF other well known amusement providers. He said
that last night he had conferred with his counsel.
Louis ]. Vorhaus, but that until he had communi-
Gated with some of the other theatre owners he
could not decide just what would be done But
he said, there several days between and
Sunday. 1t is not the decision against myself that
mind You say, perhaps, that am the scape-
goat: but tiink / am just the goat; or maybe
there is a herd"
Mr.. Hammerstein's son. William Hammerstein,
with his counsel. EorhEus & Grossman. visited
Commissioner Bingham shortly after Justice
OGormans decision became known. Later Mr..
Vorhaus said
This opinion Of Justice OGorman means that
Sunday the opera houses. Carnegie Hail. Coney
Island and all kindred entertainments must be
closed well the vaudeville houses
Justice O'Gorman has nisstated our position, be-
we have maintained only that Sunday
tainments. under the law. may include singing.
vocal orchestral concerts and monologues. AS
far the present goes. the decision is final.
but there other ways In which the main propo
siton to whether Sunday entertainments may be
held may be decided. For instance If a theatre
manager Were TO give a concert on Sunday night
now. he coNld be arrested and then. after waiv-
ing examination in the lower court have his
taken before the grand jury
Mr.. Vorhaus refused 10 say what Commissioner
Bingham had told him, but the Com
missioner learned of the decision he asked for a
certified copy Of It, and said that he would make
known his line of action when he had read IT thor
oughly. The Commissioners secretary Dan"
Slatte-y. said
ut looks now as If the amusement places will
have keep closed Sunday
Justice O'Gormans o2irion is confirmation OF
the report of ex-Justice Lawrence. who was ap-
pointed referee to take testimony in the suit
brought revoke Mr.. Hammersteins license on the
| ground that he had violated the law in Sunday
| performances at the Victoria. The action was
brought about through the efforts OF societies and
individuals opposed TO Sunday entertainments. The
/ referee decided that Of twenty acts mentioned
five were in violation of the law Justice OGor
man, however. decided that all were in the same
class and that any one OF them was sufficient to
warrant the revocation of Mr.. Hammersteins Ii
cense and the arrest and punishment of the pro-
pr1etor and performer"
The law is plain" said the justice, ''and there
can be for. laxity in its observance and
enforcement All performances in theatres or other
places Of public amusement and entertainment on
Sunday are prohibited" The opinion continues;
IT will he observed that the statute prohibits any
the respondent cites the familiar rule ejusdem
meraton Of specific things is followed by general
things Of the same kind as those specified: and
claims that as tho Legislature has enumerated spe
prohbifed f1b on Sundsy was not intended to pro-
other snteTtsinment of the stage should read any
other like entertainment Of the stage II must he
apparent that such strained interpretation of the
statute you'd defeat the very G IT'S neb
Was 1a' to prevent ali public amusement on SUNDAY
it quite useless to ennmerate any particular
the phraseoiosy Of the could be improved upon,
but mere precision of expression is moi the test OF
legislative intent. The presumption is that words
and phrases used in statute are employed IN their
nnbtIe or aHa Pechnea limit or pSrveTt
their meaning.
After quoting several decisions by other courts.
Justice OGorman continues:
The veil il Is the en t@e of ,5 Of NsT T
institutions OF the state, and that for the purpose
e 9f pop ad ' preaes the pe5e quiet and good
order of society the Legislature has authority to
regulate it's observance and prevent Its dcsecraion
by appropriate legislation
This opinion was carefully read by ex-Judge a.
J. Ii:tenhoefer, counsel for Mr.. Co1ried. director
of the Metropolitan Opera House Mr.. Often
boefer exclaimed: 1t seems that any reasonable
person-whether in favor of Sunday opening or
opposed to it-should see the enormity of law
that permits opinion of single judge to sweep
awav mans opportunity to realize his invest
rnent There is appeal from Justice OGor-
mans decision. suppose that mans standing
might tested by means of his arrest and habeas
corpus proceedings so as to have the law consid-
cred by the Appellate Division. AS the law stands.
however it is atrocicus. have not yet had
conference with Mr. Conried. but of
shall talk the situation. cannot say. there
fore whether the Sunday night concert at the Met