The sun. [volume] (New York [N.Y.]) 1833-1916, 1907-11-03
FATE or N SHOWS.
Gov. Hughes inquiries and the Mayor Tell
Him Sow the Ease stands.

Vim How the Case Stands.
Gov. Hughes has recently received pro-
tests from the State Federation Of Labor.
the Actors Church Alliance md other
organizations against The theatrical and
vaudeville entertainments in this city on
Sundays. Copies Of these letters we're for
warded by the Governor to Mayor McClel-
Ian with a request for a statement aS 10
whether or not the complaints OF violations
OF the Sabbath law had any basis. Mayor
Mcclellan replied yesterday to this letter.
saying:
The state OF the law in regard to what
iacalled SUNDAY performances" has been tha
the subject Of much consideration by myself.
the Law Department and the Police Depart
nent Of this city. particularly during the last
year. owing to the numerous conflicting
decisions OF the lower courts il was decided
some eight or nine months ago that a test case
should be selected and prosecuted in the
Supreme Court OF the state for the purpose
Of having an authoritative determination OF
the questions involved. In accordance With
this arrangement the Corporation Counsel
Instituted in the name OF the city proceedings
against William Hammerstein. the licensee
of the Victoria Theatre, for the purpose OF
revolving the license issued to. him on The
ground OF an alleged violation OF the law.
When the case came on for hearing II was
by order Of the court referred to the Hon.
AbramS Il. Lawrence as referee 10 hear anu
report. Many hearings we're had before the
referee and much testimony given. as the
result OF which all the facts In any way bear
ing on the question were fully presented.
The case was argued and submitted and q
report was fled by the referee on October 2,
1907. In which he reviews exclusively ell the
various vaudeville acts which vera given
during these performances and In his con-
illusions OF law found that a number Of those
acts were violations Of the Charter provisions
and for that reason the license for the said
Sheatre should be revoked.
He also passes on numerous other acts
which he fndS. as conclusions Of law. are
not violations OF the Charter. h city filed
exceptions to all OF the conclusions Of law
which the referee found are not violations.
and the attorneys for the defendant. the
Mcensee OF the theatre. have hled exceptions
10 the conclusions OF Law which the referee
found TO be violations. am Informed that
the hearing on these exceptiOnsls now sst for
argument on November =. 1907. and the
Corporation Counsel expects that the dnal
decision in these proceedings will be rendered
On o few days. Tn deciston when rendered
VIII be an authoritative determination az TO
the Interpretation OF the Sunday law. at least
In 90 far ne the provisions OF the Greater
New York Charter applicable thereto are
concerned. -'H '
No soon as this decision is rendered. 10 is in
tFnded that the Police Department shall
zee that It's provisions are strictly enforced
IN all the theatres and places Of public muse
ment in the city. and such proceedings win
be taken as may be necessary to oompe the
compliance with the provisions Of the law
az 90 determined. e