Majority
p. 458ANONYMOUS. [No. 3 of this name.] New York Superior Court; Special Term, December, 1882.
Headnote
Injunction against Public Officers.—Sunday Laws.—Case op „ the Cigar Dealers.In an action to enjoin the police authority of the State from arresting the plaintiff, a vender of cigars, and from interfering with the plaintiff’s ordinary business on Sunday,—Held, that vending cigars on Sunday was not a work of necessity within the meaning of the provisions of the New York Penal Code,[1] exempting works of necessity from the operation of the laws regulating the observance of Sunday; for so broad an exemption would abrogate the statute.
Motion to continue an injunction.
■ The plaintiff, among other venders of cigars, sought a permanent injunction restraining the New York
p. 459
Board of Police from arresting Mm and interfering with Ms business and property by reason of a violation of the provisions of the New York Penal Code in selling cigars on the first day of the week, commonly called Sunday. It was contended on the part of the plaintiff that the business of vending cigars on Sunday was a work of necessity, within the meaning of the law.
In view of the decision heretofore made by this court it' will not be necessary in this opinion to examine at length the law applicable to Sunday observance as affecting dealers in tobacco and cigars. It is not contended that they are included in the terms 1: meat, milk or fish,” or “food,” or “drugs, medicine or surgical appliances.” The contention is that these articles come within the exemption of “ necessity ”; but so broad a construction of that word would abrogate the statute. The motions for injunctions are denied, and in' the case where temporary injunctions have been granted they are dissolved.