New-York tribune., 1908-12-27
POLICE ACT AS CRITICS
To INTERPRET SUNDAY
Law OPINION.
Biugham's Men Haze to Determine
Uhether Entertainment Are
Educational.

Observance of the SUNDAY Ia viii he enforced
to-day by the police. according 10 opinion
furnished 70 Commissioner Bingham by Corpo-
-ssfon Counsel Pendleton yesterday afternoon.
which states
The following public performance are forbid
The performance Of any tragedy. comedy.
opera. ballet or farce, or any part thereof
Negro rinstrelsy-
TOT performers and which forms no part Of any
exhibtion- but which IS merely for the pleasure
~ -e participants as IN the case Of a hall given
r- club or association does not come within
mis- p-ohfbitionl
Wrestling. boxing with or without gloves.
spsr-i1g contests. trials Of strength or any part
: Ci-cuses Or equestrian performances
Dramatic performances or exercises.
ANY performance or exercise of juggers.
A-robacic or club performances
Rope dancers
10 Any theatrical play or sketch or a part
,-e-eof. 1Fith without theatrical costume
II ANY vaudeville show.
y ANY iTnpersonation Of any character with
o. without costume
Is ANY singing which is given IN costume
l. Any moving pictures giving a play or part
TIE foIlo7ving are permitted and should not be
orchestra or other instrumental music or
voral music played OF sung but not in conneC-
tior with any theatrical exhibition. nor in cos
; Lectures and recitations. forming no Part
n any theatrical piece
insr-1rrfve or educational character.
OPERA HOUSES NOT UNDER BAN.
This VIII NOT interfere with the Sunday con-
-s--s IN the opera houses OF with any vocal OF
--x-----rer-aI acts lectures or reciJa1ions il
theatre Nor VIII IL interfere with moving Pict-
,-es fr--,stracing lectures OF an educational
obstructive nature in any place where proper
license exists
7rz-ruch as the vast majority Of the 800
n -irf1
-z-- evoked hy tire Mayor on Thursday. have
-r- VET obtained new licenses. the police say
--z- do not purpose 70 allow them 70 operate
---Fsr In spite of the injunCtions which were
issued n several managers by two Supreme
court justices in Brooklyn yesterday
missioner Bingham sent his request to
CORPORATION Counsel PendIeton on Thursday
=--- zs -e had received The stinging letter from
re Navor Il was not received by the Cor
marathon counsel. however. until yesterday He
zzs asked for Al opinion a. the earliest mo-
----- and furnished one in which he indicated
r-s-z- classes OF amusement could be given on
Sr-zz- as already stated Assuming the
matter * one Of eneTgencT- wrote the Cor
-.--a-7on Counsel IN forwarding the opinion 70
r-e Police Commissioner. 7 VIII state brieny
s.=-Fa-t. - guide voll as TO your duty in en-
fo---nr rhe law Tomorrow. sunday. December
- lez~tnr 70 3 future occasion complete state
nan II the lax upon not Only the principal
e--- re secondary questions raised by the pro-
--zf--S - the Penal code in regard 70 the oo-
zz-er-e of Sunday. The provisions OF tne ID"
-.ls-t1E II the Observance Of sunday are COZ
-z--46 ~ Sections 2s5 ard 277 Of the Penal
code and the ordinances adopted by the board
q Aldermen OF December Il. 1901
- theatrical managers must decide for
--e--serves what character Of acts they think
VII -szs The scrutiny Of the police under tne
..-----tsSio-7sr's order 10 enforce the law ac-
ro~zs7F 70 he ortnion- but strict construction
~ his opfrion is advised BIZ the Corporation
counsel. zyho wrote
IN conclusion viii say thaf IN We" % III
--s-- d-ss-ic. and comprehensive terms OF '-ie
-z-- think z any doubt arises in the Inlno q
--e c-lcer sent 10 enforce us PROVISIONS d
whether or not any particular thing is allowable
~ ,.-f+--Az h. should lean rather 10 the latter
-,r-f--s+or, and allow the court 70 pass upon the
cuestio1-~
WHAT THEATRICAL PEOPLE SAY
----.,e- of representatives Of theatrica!
r,t--=z --a-a rresenr when the Corporation CouH-
- e-.s-e5 the opinion After reading II " IL
-zr, f,-ossr7au OF counsel for the Inea1rlcal
Managers Protective League speaking on pc
half n the organization. salc-
see nothing IN this opinion WI wch pF3zsS frss nave
See v5o-aTed According 70 this opinion @ ;t5 %g 4e
.-g nir.1-Tes Acroba1i nc performance are leI I
-5Ese- b-r raey have seldom been . II, % ND
-r5zz programmes Dancing Is pIoLl,gats-f; pIoLlt-f ,F
--z- : ore respect Il which J-e M. - p 1Ia~-
- -----g ss55 aoL.t dancing IL The prosc1.I1eo IS
. --5rr--Sas re really lectures ror instance &c
Eave Jams Thornton en- % "a 30 ss1-JI-tive
----.~.- sa- IS the costumes are coTlceT1leo
s11 --e ,h-TeerCh and fourteenth pronlol{l2 n
-la-=i IN letter q Ire '--
--- ----irT there nothing said ABOUT tlei- -i-
g syz[ss = - instTucJlveress and educationa!
res---es u moving pictures nay -. - 49,
- aF5TeI t5e burglar ciases ana the tra1ln TOD
-l7lec-igU taken 1--1
.- ~ lesson that crime has its punishment,
Ereo@- arE Saukey carried iielI 80 ~
.-E --e-- - : means shOZ the lsetessIlesS %
c--rs W. 5epi-t the horrible example 10 prove l
resl-.l5 - II - ort-7.ou of the Corporation Coun-
-. ssr7rv ~ ais opinion alu We may -. 60
5-e-err opinion II The Ponce --era ere-s
-,z--,---e-s We VII fght the case. althouzh me
- - l-,--7-a-sor Counsel may not bear out
matter q 10 the courts, Is agreeaoIe 10 US
BINGHAM READS ORDER
So-7e Two hundred men responded YESTERDAY
morning 80 the call Of Police Cominissioner
Bingham Issued 20 holders Of theatrical licenses
trzt hs might communicate 10 them the oraeI
~ 7ne Mayor about thu rigid enforcement o.
The ordinances and statutes IN regard 10 sunday
r-s-fo--raneee" Many of them were managers
% moving picture shows, but To them the com
ll.. .sssoDer said he had noting to say as "that
matter had been settled b. the Mayor
I've given you fair warning. SAID me o"il-
.ssioner after he had read the notice of the
Mayor. Y intend to carry out the orders have
r-celved 20 the letter
Several managers asked cow the 1oinmis-
s5ouer v-o;,ld const-ue various parts Of the DouA
a-5iaance and the o'Gornlan decision on The