The sun., 1909-06-13
CONEY WON'TBE BLUE TODAY
MATTER OF TIE CLOSE LID PUT
OFF FOR ANOTHER WEEK.

Justice Kelly Refuses Injunction Against
Police, but There VIII he No Unusual
Interfcrence-Coney Island Unlike the
/ Rest of the state. says the Court.
II looked for while yesterday as II
a very blue Sunday was impending over
Coney Island for to-day because of the
refusal OF Mayor Mcclellan to grant
seven day license to Frederic Thompson.
proprietor OF Luna Park. with its fifty
seven shows. and to the other Coney
Island showmen whose licenses expired
last week. The new six day licenses were
only issued with the stipulation that the
places would not be open on Sunday.
Mr.. Thompson took the only course
open to him to prevent the closing OF
Luna Park to-day by applying to the
courts for temporary injunction to pre-
vent tho police from interfering with the
shows. At noon yesterday such an ap-
plioation was made in his behalf by Law
Yer 7. Elicit Hodgskin to Justice Kelly
in the Supreme Court. Brooklyn. while
another represented Charles II. STRAIT
ton, whose request for seven day license
had also been denied.
Mr.. Hodgskin told Justice Kelly that
Thompson had applied for new license
and that the license bureau. acting under
Mayor McClellan's orders, refused to
grant one other than providing that
business should cease on Sunday. He
said that the question Of the Mayors
right to limit the time OF the license was
still before the courts.
When the second application had been
made Justice Kelly said:
why enjoin the police? The courts
cannot run the police. There is Police
Commissioner and there is Mayor. who
alone can exercise power over the police.
The Mayor grants licenses to these two
parties TO run a show on condition that
they don't do business Oh a Sunday. and
you ask me to enjoin the Mayor and the
Police Commissioner. Besides, the same
question was before Justice Jaycox for
decision. 1t is the part Of the Mayor to
issue licenses and not the courts;
-Coney Island IS peculiar locality,
but the responsibility is with the Mayor.
The right way is TO have the whole mat.
ter decided by the court. Coney Island
Is different from the rest OF the state.
hope the city authorities will act with
discretion and wisdom. 1t seems to me
be for the police to let these shows alone
until the court has passed upon the mat
ter. The officers of the city have very
peculiar way OF doing business. ! am
opposed to granting temporary inJunc-
ton on Saturday morning WITHOUT
hdaigrg digng a argument cna Ssfore 6n 1se case why
Our license did not expire until yester-
day Mr. Hodgskin explained. and
We we're busy all day in getting our new
license. that's far from satisfactory,
] have come here Just as soon as could
to obtain relief
1T seems to me-" Justice Kelly said,
shat the matter should be passed upon
at once by the Appellate Division. These
applications for injunctions are coming
along every day"
Mr.. Hodgskin said that MIR. Thomp-
son had accepted the six day license
several unsuccessful attempts to see
the Mayor and explain the situation
sYour Honor probably knows he con-
tinued, that the bulk Of our busi-
ness is done on saturdays and Sun
days, and i we are closed up arbitrarily
Mayor does not discriminate between
one show and another. but says every one
of them must shut down. AS your Honor
viii readily. see this works great hard
ship on US.
Kelly said. why the police should single
out places like this at Coney Island when
there are go many other places in this
great city that are in far greater need
Of attention than this"
Justice Kelly suggested to Assistant
Corporation Counsel Hahlo, who opposed
the application for injunction. that the
proper course for the police to pursue
was to await the decisions OF the cases
already pending.
He then refused to grant the injunc-
ton, but signed an order returnable within
two hours directing the Mayor and
Police Commissioner to show cause why
an Injunction should not be granted.
When the proceedings were resumed
Mr.. Hahlo informed Justice Kelly that
Corporation Counsel Pendleton wish ed
TO have the argument on the application
for an injunction postponed, promising
at the same time that there would be no
police interference with the shows to-
day.
Justice Kelly then adjourned the mat
ter until next Friday.
Mr.. Hahlo informed Justice Kelly that
First Deputy Police Commissioner Baker
had assured him that the Coney Island
police would be instructed not to inter-
fere with clean amusement places. He
also said that he hoped the controversy
would be settled before another Sunday
comes,
Justice Kelly said that he would he at
his home to-day ready to issue injunc-
tiops in caselof undue violence or rcstric-
tons by the police.
u. EADS HOW LEAVES Us.