City of New York v. Alhambra Theater

This action is brought by the city of New York to recover the sum of $500 as a penalty for the defendant’s alleged violation of a city ordinance adopted on or about the 17th day of December, 1901. The invalidity *443of the ordinance is asserted by the defendant. The ordinance in question ostensibly forbids certain performances in the city of New York on Sunday and is a reiteration of the provisions of section 277 of the Penal Code so far as it enumerates the same prohibited performances and acts. Section 277 of the Penal Code declares an offender against its provisions guilty of a misdemeanor and…