Klinger v. Ryan
New York Supreme Court
Motion to continue temporary injunction restraining defendant from arresting relator for opening his moving picture show on Sunday, contrary to the conditions of the mayor’s license.
1Opinion of the CourtPound, J.
It now seems to he established (a) that the Penal Law of the state of New York does not prohibit the exhibition of moving pictures on Sunday (People v. Hemler, 127 App. Div. 356), and (b) that a municipality cannot independent of express legislative authority by ordinance compel and enforce Sunday closing of moving picture shows. People ex rel. Kieley v. Lent, 166 App. Div. 550; affd., 215 N. Y. 626. I am unable to distinguish between the inherent power of the city to prohibit Sunday shows by ordinance and the inherent power of the mayor to prohibit them by the conditions of a license. The…
2Cases cited6 opinions
- Delaney v. . FloodNew York Court of Appeals · 1906
- People ex rel. Kieley v. LentAppellate Division of the Supreme Court of the State of New York · 1915
- Eden Musee American Co. v. BinghamAppellate Division of the Supreme Court of the State of New York · 1908
- People Ex Rel. Kieley v. . LentNew York Court of Appeals · 1915
- People v. HemlebAppellate Division of the Supreme Court of the State of New York · 1908
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3Cited by2 opinions
- Hitchcock v. FooteNew York Supreme Court · 1930
- People v. EbbetsNew York Court of Special Session · 1917