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SflOVLAWFox Amusement Company Will Try to Open Its Nine Houses on Sunday.IT HAS AN INJUNCTIONGranted by Justice Marean in Brooklyn Counsel Says Charter Doesn’t Cover Moving Picture Exhibitions. •Sol Brill and William Fox of the FoxAmusement Company will open the doorsof its nine moving-picture houses in bothBrooklyn and Manhattan to-morrow andwill try to run them all day and night, according to Gustavus A. Rogers of 63Park Row, counsel for the company. Mr.Rogers says that an Injunction obtainedfrom Justice Marean in Brooklyn willallow the moving-picture shows to openon Sundays.Among the lawyers who are interested In the Sunday closing of theatres and other like places of amusement difference of opinion was expressed as to the effect of the injunction obtained by Brill Fox. Mr.- Rogers thinks that it enjoins the police* from interfering in any effective way with the running of the shows.William Grossman of House, Grossman Vorhaus, 115 Broadway, who represented Mr. Hammerstein in the case de-, cided by Justice O’Gorman, thinks that j the injunction simply enjoins the police! from interefering with the audience, but that it does not stop them from arresting everybody connected with the operation of the show, from the manager down to the ushers.Mr. Rogers will to-day serve upon Commissioner Bingham an order, based on | the decision handed down by Judge Marean, enjoining Commissioner Bingham, or any of his subordinates, from “ interfering with the plaintiffs in their law'ful conduct of their business,” prohibiting them from “ entering the place or places conducted by the plaintiffs except for the preservation of the peace or to execute a warrant of arrest upon the premises of the plaintiffs, or other lawful warrants, or for the purpose of making an arrest in good faith for the commission of a felony conducted within orwithout their presence, or for a misdemeanor committed within their presence.”The Commissioner and his subordinates are ” particularly restrained from entering the premises of the plaintiffs, or making visitations thereon, excepting for the purposes aforementioned, and irrespective of whether the time of visitation is upon a weekday or a Sunday, and whether by day or night.” The plaintiffs, however, are not to violate the law or the statutes.The case in which the injunction wfasjgranted grew out of three arrests made! in the moving picture house of the plain- i tiffs at 1,155 Broadway, Brooklyn, on* Dec. 23, 1906. It came to trial Oct. 221 and 23. Judge Marean gave his decision; on Nov. 29. The order w'as made out yesterday.Mr. Rogers says that moving-pictureshows are not prohibited by either the charter or Penal Code provisions by name, and that the phrase, ” or any other j entertainment of the stage,” contained m the charter provision, does not apply to moving-picture shows, because they do not require the use of a stage as that word is understood. He says that there is no reason why. for the same reason, Mr. Damrosch, Mr. Conried, and Mr. Hammerstein could not give their musical concerts on Sunday.Mr. Grossman, however. Is quite sure
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