New-York tribune., 1908-01-03
SUNDAY TALK UPHELD.
WAHLE DEFINES STATUTE
Decision IN ColoniG! Theatre Case
Beleced To BE FGrreGcisng.

iae Sunday show question, by decision oy
Masistrat" Wahle yesterday in the case OF a lect-
ufer employed Sunday, December 2, by the
Colonial Theatre, was put hack where it was ser-
eFai weeks In effect the magistrates opinion
iH that If is legal to pat any kind of act not
among those especially prohibited by Section @I7
OF the Penal Code The costuming of those TAX
ing part in any theatrical act. he believes is Of
no consequence. Under this ruling anything Eot q
performance Of a tragedy. comedy. opera, ballet
farce. negro minstrelsy, negro other dancing, Or
wrestling boxing, with without gloves. spar
ring contest trial of strength any circus.
TRAN dramatic performance. or any perform
anee OF j=gg,ers, ac-obats. club performances or
rope dancers may be put After going ex-
haustively into the history oe the laws relating
Sunday amusementS the magistrate draws
these conclusions:
Section l,sS Of the charter IS and has been
superseded by Section "a Of the Penal Code.
The opinion in People agt Hammerstein mas
inuch as il consnues superseded section Of the
tained 10 the law in effect is unavailing as a
Section 255 Of the Penal Code is limited in its
Construction and effect TO exercises or sho%s 2I
acts were not Violation Of that sectior
Section 2I7 of the charter does not proihbit en-
referrsd 10. The lecture with or without stereop-
lecture: not being an entertainment OF me stag
thus prohibited. that section Was not violated by
The application fer 2 warrant for the arrest of
the lesturer, Mr. Hume; the ticket seller ticket
taker and mechanic was denied.
william Grossm1E, OF House, Grossnnan & Nor-
:aus, counsel for the theatre, much pleased
With the decision. which he said the most
thorough and exhaustive review OF ehe laws relat-
ing Sunday anusementS ever written. After be
had received the long decision. which filled thirty
two closely typewritten pages, he said:
Magistrate Wahle's decision tends to clear up !.
prehensiye. analytical review of all the statutes
and DECISIONS On he subject ana MS summary rs Is
police in the Interpretation and enforcement of the
law. The courts have held heretofore that Sec
Ilon I44 Of the charter applied as fully as Section
20 the rest OF the state and complaints for VIOLA
tions in this CITY were entertained under each
Magistrate wahe decides that the section IL. in
adopton Of the Penal Code in 1851 and the amend
cent 81 Seeuon & 10 & 4n isS & t1e hoidS that SINCE
Section 14l of the charter has been cooperative.
and that Section % was the law for the entire
performances complaired OF is violation Of either
does not contain the phrase any other entertain
Inent Of the stage. the magistrate holds that what
Applying Judge Wahe's opinion. the provisions
p6 Is IS nov ,5ernf t- C6ner1s t IectIires a~
hibitions Of pictures and Other displays in private
unless they are given in such q manner as to tend
repoSe Of the community.
John Floyd Hume delivered the illustrated Iect-
tIre Panama" at the Colonial Theatre which
brought the case to the courts. Captain John T
Farrell OF the West 6Sth street station. did not
know whether the arrests were proper and asked
those concerned appear in court, which they
did voluntarily. Bert Hanson and William E
Murphy appeared for the police.
Another decision on the same topic will he given
.n a few days by Justice GreenbauIr Lazare
Ealensi. manager of penny in the slot machine
place was brought before him yesterday on a
writ of habeas corpus, the having been ar
rested last Sunday FOR alleged violation of the
Sunday law. His counsel argued that he could
l,e held only Secticn 30 Of the Penal Code,
prohibiting shooting. hunting. fishing, gaming out
door sports and shows Sunday Justice Green
baum ordered both sides TO submit briefs and
paroed the prisoners.
Canon Chase made q statement yesterday taxing
execution 10 Justice Cars reported remark that
there was no mere reason for the arrest of a
moving picture man at q theatre than there was
% arrest a clergyman for giving an illustrated
lecture on Palestine. He says there is a great
difference between a sermon in a church and the
same sermon recited by actor for pay in
theatre where admission is charged.
There viii be public meeting next "Wednesday
ARRANGED by the American Sabbath Union at the
Marble Collegiate Church al 4 p N to protest
against the open Sunday. The ReN. Dr. David
7 Burrell will preside and make the opening ad-
dress Other speakers will be Canon Chase. the
Rey Dr. Frederick Lynch and the Rev. Dr. John
II WILEY and the Rev. DR.. "A. Lincoln Moore