THE MISCELLANEOUS REPORTS OF THE STATE OF NEW YORK. COMMENCING MARCH, 1900. Matter of the Application of the Sabbath Committee to Revoke the License Issued to TIMOTHY D. SULLIVAN and GEORGE J. KRAUS. (Supreme Court, New York Special Term, March, 1900.) 1. New York city — Revocation of theatre license because of Sunday exhibitions. The New York charter (L. 1897, ch. 378, sub. ch. XXII, tit. 2, §§ 1476-1481) authorizes any judge or justice of any court of record in the State of New York to revoke and annul a theatre license if exhibitions are given there on Sunday. As the statute (§ 1476) is silent as to the manner in which the order to show cause, why the license should not be revoked, is to be served on the licensee, the service must be personal, and service upon the person in charge of the box office, is insufficient. PROCEEDING instituted by a domestic corporation for the revocation of a license granted by the police department, under section 1473 of the Greater New York Charter, to give dramatic performances or exhibitions. Manice, Abbot & Perry, for applicants. Emanuel M. Friend (Edward Hymes, of counsel), for George J. Kraus. BEEKMAN, J. This is a proceeding instituted by the Sabbath Committee, which is a domestic corporation, for the revocation of a Supreme Court, March, 1900. [Vol. 31. license granted by the police department to the firm of Sullivan & Kraus to give dramatic performances or exhibitions at the Dewey Theatre, situated at No. 126 East Fourteenth street, in this city. The license was granted under section 1473 of the Greater New York Charter, and is to continue until the 1st day of May, 1900. The ground of the application is that entertainments were given by the licensees at the theatre in question on the 26th day of November, 1899, which was Sunday, in violation of section 1481 of the same act, which declares that it shall not be lawful to give any such exhibition on the first day of the week, commonly called Sunday, in such a place, and that every such exhibition or performance shall of itself forfeit, vacate and annul and render void and of no effect any license which shall have been previously obtained. This proceeding, however, is instituted under section 1476, which reads as follows: "§ 1476. Any license provided for by the preceding sections may be revoked and annulled by any judge or justice of any court of record in said city upon proof of a violation of any of the provisions of this title; such proof shall be taken before such judge or justice, upon notice of not less than two days to show cause why such license should not be revoked; said judge or justice shall hear the proofs and allegations in the case, and determine the same summarily; and no appeal shall be taken from such determination; and any person whose license shall have been revoked or annulled shall not thereafter be entitled to a license under the provisions of said sections; on any examination before an officer, pursuant to a notice to show cause as aforesaid, the accused party may be a witness in his own behalf." As section 1481, prohibiting exhibitions on Sunday, is a part of the title which includes section 1476, the court has power to entertain this application on the ground assigned for the revocation of the license in question. The proof is ample and convincing; indeed, it may be said it is quite beyond reasonable doubt that there was a clear violation by the licensees of section 1481 above mentioned; and were it not for objections which have been made to the right of the court to proceed in the matter, which I am constrained to find are well founded, I should have no hesitation in granting the order applied for. The proceeding, as its title shows, describes the licensees as Timothy D. Sullivan and George J. Kraus. The latter is the only |