The New York herald., 1921-06-07
OLD BLUE LAW STILL
BARS SUNDAY WORK
Jealous Cop Stops Resident Of
Woodhaven From Planting
Grass Seed.

Capt. >. II. Peterson of Woodhaven,
Queens, port captain FOR the shipping
arm of G. B. Richard a Co. OF 20 Broad
way, has written to TIE NEW YORK
HERALD wanting to know II the police
have any right to stop property owner
from working in his garden or elsewhere
about his premises on Sundays OF holi-
days. He said yesterday that he had
witnessed one such incident near his
home, when a policeman stopped a
neighbor Of his who was planting some
grass seed in his front yard, using rake
and hoe.
"Is there any law, or city or State
ordinance" Gays Capt. Petcrson's let
ter. prohibiting any person from per-
forming labor on premises owned by
said person. such as cleaning UP or
working around your lot, planting fow-
ers. shrubs or watering lawns or other
wise trying to beautify your home sur
roundings on Sundays or holidays?
"The reason for this inquiry is that
the police officer around our neighbor-
here to stop any such work on Sundays,
which really is the only opportunity
many OF us have 10 do such work
Besides the incident that he witnessed,
Capt. Peterson said that he had heard
of others in his neighborhood in which
the same policeman had threatened to
arrest any person he found working In
his or her yard or garden on Sunday.
The NEW YORK HERALD referred Capt.
Peterson's inquiry TO q high official
in Police Headquarters who has had
many years OF experience in authority.
That dignitary smiled when he read the
letter. 'As matter of purely legal
fact" said he. "thero still is on the books
an old blue law, a strict construction Of
which might be held TO Justify the
action OF the officer in question. Here
II is"
Opening a copy of the hand book
which policemen are expected to study
for guidance In the discharge of their
duties. the official pointed TO paragra ph
@, under the head of "Employments Pro-
hibited on Sunday" The paragraph
reads:
"Ail trades. manufactures. agricultural
or mechanical employments upon the
first day of the week are prohibited. ex-
cept that when the same are works of
necessity they may be performed on that
day in their usual and orderly manner,
40 az not TO interfere with the repose
and religious liberty Of the community. -
AS n strictly legal proposition" went
on the headquarters official, ''the issue
probably would hinge upon the question
whether tho task halted by the police
man was n work OF necessity and, II so,
whether ~ IN any way interfered with
the repose and religious liberty OF the
community. ~. as your correspondent
has told you. these persons were making
no noise such as might annoy religious.
nervous or sensitive persons. II as YOU
say. there is no church edifce within
about two blocks OF the premises In
volved. then the policeman's act certain
ly was unusual.
"Of course all individual liberty is
limited at the point where II impinges
upon tho rights or liberties OF another
person. will say. however, that al
though that old blue law still stands
upon tho record, ] don't believe one po-
liceman in a thousand would TO out OF
his way TO enforce Il obnoxiously In
fact, after long experience on the
force ] remember very few instances
like this.
without knowing anything OF the
circumstances except what you and the
letter have conveyed. my guess would
he either that the off1cer In question Ia
new to the force and troubled perhaps
with an excess OF zeal--a fault which he
probably will outsrow---or else that his
act was prompted by personal spite in
retaliation for some real or imaginary
grievance suffered at the hands Of
these rsrticulsr citizens ~ woe =
haven"