New-York tribune., 1909-05-21
"ISLAND MUST CLOSE
MAYOR ON SUNDAY Law.
Says That Sh0umen, Dissatisfied
1tlth 1t, Should appeal to Courts.

Mayor Mcclellan, holding that under the laws OF
the state Sunday is day OF rest. and that only
educational and religious entertainments per
nissibe. yesterday decided enforce strictly the
Sunday avs against all entertainments known as
common shows. both in Coney Island and else
where. He was Influenced in making up his mind
by the ruling Of Justice Thomas. Of the supreme
Court, who held that he right in refusing 10
license show places seven days a week PollIe
Commissioner Bingham called on the Mayor ana
the two officials talked the subject over for nearly
an hour.
Let the .bonnAn who are dissatisfied with the
law as interpreted by the courts appeal TO the
courts" said the Mayor Il do not in the leas'
object to injunctons mandamuses About ni'E
are pending against me at the present time Inc
quickest and easiest way to arrive at oenhi'7
understa nding Of the Law with reference to sun
day shows is to throw the matter into the courts.
In formal memorandum the question the
Mayor said:
Mr.. Justice Thomas. in BrGokyn heard dan an 4P ab
Mayor to Issue seIen-day licenses to the proprie
tors Of moving picture shows IN CREATE hold
ing that the Mayor was right in refusing 10 The
issuance OF positive license for ther MAJ"
OGornan in New York County fer for an 6n3G4G3s9r
to the Mayoc and the P0ce neraf1e Tn
from closing NOV ing picture place opeIHtI
der sx-day license when the same va Vas ,t 5e
would not tie the Mayors hands In the enforce
ment Of the six day license. -, ,,r,,,a,n.
Mr.. Justice Carr. in his opinion on case oroush'
,;, LfoIates section 2152 Of the Penal Law. the
police should not be restrained from arrestns MN
%oiate the law then constant police interference is
nothing less than continuous trespass au Dtsd
not be tolerated. An injunction VIII pe gIa9'Ttu 81
handing the trial of the action, but 80 limited In
terms as n9f tor TO sSu ar % on the lan or
poyes which constitutes violation OF 'he f'''"
Section 2.1ta Of the Penal La provides that all
Of necessity and charity In works Of nscesSE bs %
charity included whatever IS needful curing M tne
day for the good order, health or comfort Oh '"e
question therstors to be deteTmnfa fsls1d in rs IS
What is needful for the health or comfort OF tne
esrIv opinions viii be received from Supreme Court
justices which will aid the city authorizes IN oed'-
in VIE View OF Of t6e fact; therefore that Nj Justice Justice
which would positively authorize places OF Pu6liS
amusement to openly operate on Sunday shouId %
dieting opinions received from the Supreme Court
in the different departments It VII be ff ss
TO what is prohibited and what should be allowed
az tho seaside resorts during the summer
Following his talk with Commissioner Bingham
the Mavor said TO Tribune reporter:
There is no change in the policy OF this ONCE
toward the amusement resorts and the Sunday
law I am merely striving TO live up TO the la"'
which says that Sunday shall be day or rest
Under the Law this office hasn't any right to grant
mon shows. II the amusement people think this
IS not good Law their remedy Is appeal to the
courts I wouldn't be surprised II the show people
got out a lot Of njunctions and mandamases
against me That IS their privilege. and it Is the
nroper Uav to obtain an early adjudication Of the
question The complaints thus far from the show
people are formidable I understand that last
Sunday az the island orderly and that the
police enforced the Law
How about enforcing the Law against the sa-
loons?"
The police are doing it right along 10 the best
Of their ability said the Mayor 4 doubt II It
is practicable enforce the Sunday excise Jaw
10 the letter. l suspect II would require thirty
Thousand policenen 20 do During the strike IN
the Street Cleaning Department ! told Commis-
sioner Bingham 10 give US a dry Sunday ana
he did IT, but II required the active service of al
the reserves as well the regular force in Man
haitian. It required at every side and 'front.'
door Of every saloon IN Manhattan Other sec !
tions OF city not properly patrolled that
day"
Police Commissioner Bingham said last night
that he had told the Mayor his men had not been |
oyerzeaIoIs at Coney Island last Sunday When |
asked about next Sunday the Commissioner said: |
The Law is plain and it will be enforced.
Frederic Thompson. owner Of Luna Park. has
demonstrated that active brain can work more |
wonders overnight than could the tabled Aladdins
lamp in its most wonderful days. Upon hear |
ing Of the eeping edict issued by Ma'"r. Nc |
Clelan YESTERDAY, the man with the brain that !
said that ne constructed the park he intended
that its mission should be educational one. |
Since the Mayor issued the order that no enter |
prise could remain open Sundays at Couey |
Island except those which OF an cduCa tiona |
or religious nature, Mr Thompson has grasped the
bull by the horns. and the results are startling
Those VINO journey TO the erstwhe frivolous |
Luna Park Sunday will find marvellous change |
The following sign now gracas the entrance: Luna |
Park-Institute of Science"
once within the gates Of the former fun empo- |
rum, visitor will be bewildered by myriad of |
signs. each conspicuously displayed in front OF !
some attraction When he reads or these !
captions to old favorites of his he will be likely
think that he has sirayed into a students para
disc Staring him in the face. in garng type, Will
be: Chute the Chutes-a exhibition for the prac-
ticaI demonstration OF rapid transit as applied to
elevated communities
While he is still gaspine his blinking eyes Will
be focused on this reelng truth: Virginia Reel: !
temperance institute demonstration. by an in !
toxicaing ride. prove the effects Of reeiing II
this does tickle his faded fancy. perhaps the |
next sign will: The Tickler-medcal institute for
the cure of indigestion" He will pause longest /
probably. when his visual organs stunned by |
this: "Heiter Skelter-a study OF Iingerie-and
atom! o."
When asked for the reason lightning !
change in his enterprise Fred Thompson smiled
and said that Mayor Mcclellan had issued
his decree he had taken steps to prepare for the
emergency by putting two hundred men to work !
with paint pots and brushes. The signs which they
had placed throughout the park would be the only |
effect Luna Park he said:
HELPS FOR BROOKLYN "TRiPPERs"
The Brooklyn Rapid Transit Company will post |
next week at all its elevated stations large printed
,fpz