The star and Newark advertiser. [volume] (Newark, N.J.) 1908-1909, 1908-07-28
LAW LID IN
EAST ORANGE IS
LIFTED BY JUDGE
Fort States He'll Not
Fine Anyone Pending De-
cision of Higher Court.
ORDINANCE SET ASIDE
FOR THE TIME BEING
That Is the Practical Result
of Latest Test
Cases.

The Sunday lid on ice cream, soda
water and other wicked articles In
East Orange is temporarily lifted and
the blue law ordinance may be broken
without fear of being fined pending
settlement of the vexed question by
the courts.
Taking the viewpoint that the grant
of a writ of certiorari by Chief JUS
tice Gummere, of the Supreme Court,
restraining the East Orange police and
other authorities from interfering with
deliveries of ice cream and other ar
ticles of food by Francis j.. Purssell
indicated that the court would grant
such writs to other applicants, Recorder
Franklin w. Fort in the East Orange
Police Court today announced ne would
not fine persons who delivered goods
contrary TO the provisions of the Blue
Laws of the city until the proceed
ings instituted by Purssell had been dis
posed of.
Gustav Lind, employed by a Newark
baker. delivered bread last Sunday to
a restaurant in lain street, East Or
oIi6Cy dIIo "iiNl diiIb ~ 1OhI L
today pleaded guilty. Sentence was
suspended upon him, Recorder Fort
contending that it would be manifestly
unfair to compel each person arrested
for delivering articles to go to the ex-
pense of seeking relief from the higher
courts while a similar case was pend
ing.
There was a conviction and imposi-
"
ton of penalty In the proceedings insti-
tuted against Charles e. Menagh, a
druggist at Dodd and North Park
streets, East Orange. who, representing
a newly formed business mems associa-
ton, submitted to arrest last Sunday
to start a test case. Menash sold
candy, soda and a cigar to a customer
and was taken to the station house.
He was represented in court today by
Attorney Leo Stein, Of this city, who
whacked the blue laws On several diff
ferent points, and announced he would
appeal the proceedings against his client
this week. Menagh admitted he had
sold the goods IN Sunday i'm violation
of the ordinance, and paid his SIS fine
undo protest.
Attorney Stein, when his client was
arraigned before Recorder Fort, entered
a denial of jurisdiction OF the East
Orange police court in the case on the
ground that the ordinance was illegal
and void and of no effect, as the meas
ure was passed mo in accordance with
the provisions of the charter of East
Orange, n not in conformity with the
regulations imposed by the charter"
Further objections made by the couu-
sci We're that the ordinance was UNI
constitutional and in violation of that
section of article 4, section Z, of the
State Constitution which prohibits
granting to any corporation, assoc;a-
ton or individual any exclusive rriyi-
lege. immunity or franchise whatever"
This objection to the validity of the
was considered the strong
made thus far. and the attitude of
the courts on the point will be watched
with interest. The ordinance permits
the sale n delivery of Ice. newspapers
and other articles deemed n-ecessaries !,
the provision in the ordinance IA
voring certain commodities is consid-
cred a fatal defect by the attorney for
the defense.
= Other points raised against the ordi-
nance were that the measure was In
c~ontravention to State statutes, mas
as 1t tends to make lawful the
sale Of fee on Sunday, which III de-
clared unlawful id tho State statute