New-York tribune., 1908-12-29
AFTER THEATRES NOW
Licenses of -Four Vaudeville Houses
IN Question.

Corporation Counsel Francis X Pendlston yes
terday ordered the necessary papers drawn up 70
revoke the licenses OF the Victoria. Ainamora-
American and Hurtig & Seamon's vaudevtls
theatres on the ground that the Sunday law was !
violated. As the papers are ready they
will be sent the Supreme Court. where the
cases will be tried.
Mr. PendIeton said that the order was Issued AZ
the instance OF the Mayor, who had evidences
which in the opinion OF the Corporation Counsel,
was conclusive proof that the statutes relating %
the Sunday performances had been violated The
evidence furnished shows. he said. that every ons
of the statutes relating TO Sunday SHOWS haA oeen
violated By the four theatres
1t was learned yesterday at the City Han that
four assistants from the Corporation tounseis
Office. with stenOgraphers, attended ali the per-
formances of the houses IN question. taking 4
stenographic report OF what was said In one of
the playhouses the programme was the same as on
weekday nights there being no departures from
the ordinary weekday night costumins CT ths
lowering and raising Of the curtain
Assistant Corporation Counsel William D. CroTel
appeared before Justice Blackmar. in the Suprens
Court Brooklyn. yesterday, TO announce that me
Mayor was not ready TO reply TO the courts order
to show cause why he should not be enjoinec from
revoking the licenses Of the moving picture shows
The hearing accordingly adjourned until to-
day.
Ira Leo Bamberger, counsel for the plaintif. the
International Vaudeville Company, declared thaE
the Mayors action not only tyrannous, out
oppressive' since $40 places were anected and Lt9
persons left without an occupation
Your honor, this kind OF treatment may go IN
Russia he exclaimed but It doesn't 90 IN Amer
ica'
That remains to be seem" replied Justice Black
r,af. ''It appears that IL Is plain question
OF whether OF not the Mayor has the power to re-
woke these licenses without granting a hearing.
Mayor Mcclellan IN his oface yesterday for
the first time since he revoked the moving picture
licenses He said he had refused to accept service
while IN Princeton on Saturday OF court order
issued by Justice Gaynor on the ground that hs
was out of New York State. and therefore out OF
Justice Gaynor's Jurisdiction AS the order had
been served Acting Mayor McGowan in his ab-
sence however, he said be would take further
action until the matter had been decided IN court
Mayor Mcclellan has received data from Poics
Commissioner Bingham and various city magfs-
trates showing that rapid growth OF the picture
business and the reckless disregard OF the law By
some of the proprtstors had developed a class OF
disorderIy who conne their activities 70 the
moving picture shows. which. operating with dark
ened rooms, affords unusual facilities for traf1c
Of scandalous proportions. One Of the city unagis-
trates yesterday sent the Mayor the OF
an arrest Of italian and little girl at moving
picture show when the lights were unexpectedly
turned on Counsel for the italian told plausible
story but the man and girl were sent 10 tbs work
house.
Applications for the reissuance OF licenses
voked by the Mayors order continued 70 arrive yes
terday at the Office OF Francis '. s Oliver chief OF
the Bureau OF Licenses Thirty-six applications
have been received and. soon as the various
cases have been Investigated. new licenses viii %
issued to the places found TO comply with al the
regulations. The Mayor demands a condition 70
the reinsurance of a license that the proprietor shah
agree to close his show on Sunday. Three new
licenses have been granted to managers who agTeed
to this condition and whose places satisfied the
sanitary and fire requirements
Sunday law violation cases carne up for trial yes
terday in the Tombs, YorHCvilIe ard West side
courts David Kessler, manager OF the Thalia
Theatre. and Clara Young, an actress. who were
arrested on Sunday at the Thalia, were arraisned
in the Tornbs court. charged with violating the
Sunday theatre law. Detective Cohen. OF the Eliza
beth street station. appeared with mass OF svt-
dence in the form Of the clothes by the two
prisoners at a performance Magistrate Finn
looked over a coat which Cohen said kessier had
while singing a and remarked
1T looks like a smoking jacket 70 me-
Then Cohen produced white dress. which rs
said by Miss Young, but the magistrats
failed to see anything unusual in it. and dis
charged the prisoners. with apologies for the
Police Department
Lillian Levy, cashier OF the moving picture place
at No. 122 Park Row. who was arrested Sunday,
discharged yesterday by Magtstrate Finn, n
the Tombs court. She was charged with selling
tickets to minors. but Magistrate Finn held that
It was not illegal to admit the boys unless ths
show immoral
The cases of John PinkIer manager OF the Amer
lean Theatre. and Clifford Gordon. actor az
the same place. were adjourned until Wednesday
by Magistrate Cornell, in the West Side court
Lieutenant Bolton and Detective BOla1. ot m
spector Walsh's STAFF appeared before MaSlStTats
Cornell and asked for summons ror Tlenney aHa
OdeII. who appeared Sunday at Blaneys Tn1.
atre The police said they thought slnsi1s ana
monologue act by tAe two men had violated ths
law They were instructed by the magistrate 10
lay their evidence before the legal bureau OF TIE
Police Department