The evening world., 1908-12-26
COURTS COME TO
AID OF MOVING
PICTURE MEN
Justices Gaynor and Blackmar
Restrain Police From En-
forcing Mayors Order.
TO HEAR CASE MONDAY.
Corporation CounSel's Offi-s
Tells the Police What Is a
Legal Sunday Show.
TO HEAR CASE MONDAY.

Gus;aNus A. Rogers, attorney for the
Moving Picture Association, announced
this afternoon that he mad obtained an
injunction restraining the enforcement
OF Mayor McClellan's order authorizing
the police to close up the moving picture
shows.
lie said that Supreme Court Justices
Gaynor and Blackmar in Brooklyn had
signed the Injunction
-Four test cases were presented. one
by the Peoples Vaudeville Company.
one by the international Amusement
Company. another by the William Fox
Amusement Company and the fourth
was anonymous. Justice Blackmar
signed tie International Amusement
Companys case and Justice Gaynor the
other three. There will be hearing
on the case on Monday.
Corporation Counsel Pendleton. in an
opinion given out this afternoon as to
what may and may not be given as a
Sunday snow, said:
An orchestra or other instrumental
or vocal selections. but not in connec-
tion with any theatrical exhibition nor
in costume; lectures and recita tons.
forming no part OF any thea trical
piece; moving pictures illustrating lee
lures OF an instructive or educational
character.
Regarding those prohibited, Mr..
Pendleton said
Singing In costume; moving pictures,
giving a play or part of a play; thea
trical sketches; rope dancing: aero
batic performances, and all other kins
OF dancing"
Before the issuing Of the Injunction
Commissioner and about two hundred
theatre managers at headquarters.
There were present managers of near
ly every vaudeville house in New York
and one Chinaman who runs a moving
picture show. Percy G. williams pres
ident OF the New York Theatrical Mems
Protective Association, was spokesmen
for the theatre men.
i asked you men TO come down here
In pursuance of a request from His
Honor the Mayor. who is my command
Ing officer and whose Instructions I will
carry out TO the letter" was the way
the Commissioner opened up the con-
ference.
Il have nothing to say to you moving
picture men," he added. Your hash
has already been settled"
Mayors Order Read.
The following order from the Mayor
was then read:
Dec. "a, 1908
Notice is hereby given that / have
directed the Police Commissioner to
rigidly enforce the ordinances and
statutes In regard to Sunday per-
formances and that violations OF the
same Will be prosecuted both in tho
civil and criminal courts.
GEORGE b. MCCLELLAN. Mayor.
Mr.. Williams, speaking for the man.
ayers Of vaudeville theatres where Sun
day concerts are given. asked the Com
missioner II he didn't think II advisable
for the lawyers for the theatre men to
consult the Corporation Counsel and
fnd out exactly where the theatre men
stood.
Il think 1t highly adv!sa bIe." said
Commissioner Bingham. I'm be glad
to know myself Just how the land lays.
Commissioner Gives Warming.
But | give you fair warning" he
continued. I've received my orders and
I'm going to carry them out and any
violators OF the law will be punished"
II suggest" said Mr.. Williams, that
our lawyers. william Grossman ana
Morris Goodman, go mediateIy to see
the Corporation Counsel. because to-
morrow is Sunday and We haven't got
very long 10 find out where We stand"
So Messrs, Grossmsn and Goodman
hurried over to the Corporation Coun-
sells office.
Mr. williams asked the Commissioner
II he understood the Mayors order TO
apply 10 managers who hold full theat-
rlcal licenses and the Commissioner an
swered no.
May moving picture exhibitions be
given at the close Of ths regular con.
cert in our vaudeville tnestrss2" asked
Mr Williams.
Yes. ] think So" snswersd the Com.
missioner. and then hastily corrsotsd
himself. Not at AL. not at all" he
said. There must be no moving pic
lures any where In New York ON Sun
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