The news-democrat. (Providence, R.I.) 1906-1909, 1907-01-05
DECISION IN THE
BOSTON SUNDAY
BLUE LAW CASES

Boston, Jan. S-The Sunday activi-
ties OF the people OF Boston will be
checked In many important ways un-
der decisions reached In the municipal
court yesterday In connection with the
cases brought under the enforcement OF
the Sunday laws. commonly known as
the Massachusetts, BLUE Laws" JUS
tice Duff ruled Professionally, for in
stance, that the transfer of casket
is unlawful unless II is intended for
the immediate use OF the dead.
Twelve hundred people of Boston
have been summoned into court as
result of the controversy between Dis
trict Attorney John b Moran and Po-
lice Commissioner Stephen O'Meara
over the alleged violations of the Sun
day statute. The decisions OF Special
Justice Dun, who was assigned TO try
the cases. were many and varied yes
terday, and if they are sustained by
the higher courts will result in the
cessation In many directions OF work
which had been carried on without
interruption on Sundays in the past.
The court found, among other things,
that the transfer OF scenery and other
theatrical effects from theatres after
midnight on Saturday Is not a work Cf
necessity which is permitted under the
statutes.
The collection OF offal from hotels
on Sunday was declared unlawful on
the distinction that II was collected lot
because IL was necessary food for
swine. but because OF the probability
that IL would spoil and become useless
as a product II not collected on the
Sabbath.
The playing OF orchestras In the hotels
OF Boston on Sunday is likewise unlaw-
full and must be discontinued under the
decision of the court.
A fiddler. Gustave Fielder who played
last Sunday at the Hotel Thorndike with
other musicians was convicted and fined
s. on the ground that his work was not a
necessary work or a charitable work.
Boston must do without ice cream that
Is delivered by caterers on Sundays, a.
this was held by the court TO be outside
the law
Justice Durf left for the consideration
OF the entire municipal bench the far-
reaching question OF whether the trans
fer Of personal baggage by express com
panies on Sunday is legal.
The special committee on Sunday laws
OF the legislature. which has been sitting
all summer, will, II is expected recon-
mend some drastic change In the present
statute 80 that the difficulties as 10 Sun
day work will be eliminated.
The decision relative to the collection
of offal was made in the case OF Joseph
A. Beasley. who was complained OF by
a patrolman for taking refuse from the
o'clock last Sunday morning. Beasley
was found guilty and fined IS. and Levi
l.. Webb was ined similar amount for
delivering butter to the same hotel. The
delivery OF milk made at the same time
as the delivery Of the butter was held
to be within the law.
Much interest is attached to the case OF
the violinist who was fined s. for playing
at the Hotel Thorndike. All the members
of the orchestra were complained OF. but
his case was taken a test, and the
court ruled that he trensgressed the Sab
bath law In furnishing melody to guests,
as music could be construed neither as
necessity nor charity" This decision
means that all hotel orchestras must dis
continue, but the case will be fought In
the higher court.
The courts ruling that the transfer Of
scenery and other incidental properties on
Sunday is not a necessity was of especial
interest. as II will affect practically all
the theatres OF Boston where the trans
fer OF scenery is carried on after midnight
of Saturday. Only one defendant was
fined In order that the case might be APP
pealed to the superior court.
John O'Connell, a driver for the Nation
al Casket company OF Cambridge, was
complained OF for delivering three caskets
last Sunday. The evidence showed that
two Of the caskets were delivered In
East Boston for immediate use. while the
third was delivered to an undertaken In
the North End After intmating that he
would rule that unless there was urgent
need OF the caskets the transfer was ille-
gal. Judge Duff continued the case upon
request of the counsel for the defendant.
who declared that the result was of great
consequence to casket manufacturers and
undertakers Counsel said
I'VE feel that if the court grants us a
delay we can show that the delivery OF
the third casket was legal. Twenty or 30
caskets are delivered every Sunday and
we claim that such work is lawful"