Richards v. The City of Bayonne

• Citation: Richards v. The City of Bayonne, 39 A. 708, 61 N.J.L. 496 (N.J. 1898)
• Decision Date: 15 February 1898
• Court: New Jersey Supreme Court
• Parties: FRANK RICHARDS v. THE CITY OF BAYONNE

39 A. 708

61 N.J.L. 496

STATE (RICHARDS, Prosecutor)

v. CITY OF BAYONNE.

Supreme Court of New Jersey.

Feb. 21, 1898.

(Syllabus by the Court.)

Certiorari by the state, on the prosecution of Frank Richards, against the city of Bayonne, to review an ordinance of defendant. Ordinance sustained, and judgment of the court below affirmed.

Argued June term, 1897, before GARRISON and LIPPINCOTT, JJ.

W. D. Daly, for prosecutor.

Thos. F. Noonan, Jr., for defendant.

GARRISON, J. The prosecutor of the writ was convicted under the following ordinance:

"See. 14. No person or persons licensed to keep a restaurant and beer saloon, or either, as aforesaid, within the limits of the city of Bayonne, shall keep open restaurant or saloon on the Christian Sabbath, or the first day of the week, commonly called 'Sunday,' under the penalty of twenty dollars for each offense."

This ordinance was passed under the police powers contained in the city charter, and the general authority thereby given to "regulate" saloons.

The first reason assigned is "that this ordinance is unreasonable and uncertain, and does not specify in what respect it was illegal for the defendant to keep open his restaurant and beer saloon on Sunday."

To "keep open," as applied to places of business and to public houses, is a familiar expression, constantly in use. Its meaning in the present case is clear, viz. that the proprietors of public houses shall temporarily cease to entertain the public.

It does not refer to the closing of shutters or to barring of doors. These may be done in order that the place may "keep open."

It is not met by the mere refusal to sell intoxicating liquors. It means more. As "to keep open" is a standing invitation that gives to the public a right of access and of entertainment, so "not to keep open" means that this invitation is withdrawn, and that all public entertainment has ceased. No better illustration of Just what constitutes a saloon that is being kept open on Sunday can be found than that given by the witness upon whose testimony this conviction rests.

John Gorman, a police officer of the city of Bayonne, being called and sworn as a witness, testified as follows: "I was doing my duty on West Twenty-First street on the morning of the 28th day June. A. D. 1896, it then being the Christian Sabbath, or the first day of the week, commonly called 'Sunday.' Heard loud noise Inside of Richards' place. My attention was first attracted by the loud talk of a man and woman outside. I went through an alleyway on the east side of the saloon, and went to the back door, opened same, and went Into the saloon. Walked up to the bar. Saw four or five men at the bar. Dice and box were on the bar; also four glasses half full of some liquor of a light red fluid. The defendant was behind the bar, with an apron on. I told him he was doing business illegally. He said he would not do so again; let it go this time. There was no other door to enter the saloon, except the one in front of the house, which was locked."

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