The star and Newark advertiser. [volume] (Newark, N.J.) 1908-1909, 1908-05-25
WILL TEST EAST
ORANGE SUNDAY
BUSINESS BAN
Caterer Fined SIS for Selling
Quart of Ice Cream, Angel
Cake and Roasted Chicken.
WILL TAKE FIGHT TO
CHIEF JUSTICE GUMMERE
Purssell Defes Blue Law Ordi-
nance Allowing Sale of Only
Four Articles.

The lid was screwed. hammered and
cemented down in East Orange yester-
day, as a result of the new Sunday
closing law. Those going through the
city expressed the opinion that the
name of the place should be called East
Lemon, instead of East Orange. Fran
els ]. Purssell took a chance at violating
the law and served a quart of ice cream,
a roasted brown chicken and an angel
cake. For this offense Ne was fined SIS
by Recorder Francis Mott. ir, in the
police court today. but his lawyers will
probably call the case to the attention
of Chief Justice Gummere on Friday.
Three Cinnamon delivered laundry
over their counters to customers n
were taken to Jail. They beat the city
today, however, when City Counse
Jerome d. Gedney announced the ordi-
nance did not cover Chinese laundries,
and Recorder Mott discharged the Chi
ame The court room was crowded
when the cases were called. An effort
was made to prove that the ordinance
was unreasonable, but the Recorder said
he could not decide this question, and
TIE fine was paid under protest.
Caterer Says He'll Test Law.
One of the main objects of the ordi-
nance was defeated. 1t had been
claimed that its passage meant no more
Sunday work for the drivers of ice
cream wagons, but one caterer delivered
cream up to midnight last Saturday
and sent put all his men and wagons
yesterday with ice to repack the cream.
Purssell announced his determination to
test the law, and sent word to Police
Chief James Bell early. Mr.. Purssell de-
livered the cream, cake and chicken 10
Madame Schuber, of II Harrison street,
north. and was arrested by the chief,
who took his prisoner to Jail in an auto
mobile.
The police then watched the China
men. John Toy, of 5 Washington
street, turned over some laundry to a
customer and was arrested, and when
Charles Yusn, of 20 Washington place,
and Charles 500, of 1877 South Orange
avenue, did likewise they were arrest
ed. They gave $25 cash bail. The
Cinnamon were unable to figure what
was going on.
Ten policemen were out in plain
clothes, riding bicycles and afoot,
watching for violations, and held thelid
down tight. Severai drug stores were
closed up early VIXEN they found out
they could only sell medicine, while
others announced the sale of fresh ice
cold milk, five cents a glass. Practical
ly every other place was closed tight.
In court today Mr.. Purssell was repre-
scented by Herbert ]. Knight and
Chauncey H. Beasley. Mr.. Gedney
represented the city. Chief Bell was
the first witness called. He testified
that he saw the cream packed and a
chicken Drowned up, but did not
handle the stuff" as he was told he
was liable to spoil it.
WAS the chicken coo,red?" he was
asked.
ITO all appearances" he replied, sit
was Drowned up pretty we'll"
do you think the articles were
enough to constitute a meal?" asked
Mr.. Knight.
"Yes," he replied, but it is not GUS
tomary TO eat angel CAKE and cream
at a meal"
swell, that is a matter of taste, Is 1t
not?' was suggested, and Purssell adj
Snitted that it was.
A copy of the ordinance was intro
duced by Mr.. Gedney and an effort
made to prove 1t was irrelative. but the
motion was denied by the court and
the case proceeded.
Mr.. Gedney called Mr.. Purssell to the
stand, and the caterer in reply to ques-
tions said his restaurant, which is at
tached to the bakery department, was
open until about 10 o'clock on Sunday,
and a cook is on hand to prepare the
orderE for delivery. He testified that
In his opinion ice cream was a v%ictual,
the sale of which the ordinance allows,
and claimed it necessary to prepare the
order for delivery Sundays the same
day. Ice cream kept over a day or two,
he observed. was liable to "deteriorate'
and was not satisfactory and melts
quickly
The ordinance permits the selling of
newspapers, ice. milk, medicines and
surgical instruments. so its scope Is
obvious.