NEWARK, N. J. (Dec. 1)
Federal Judge Mendon Morrill reserved decision today on an application for a restraining order in application of New Jersey’s Sunday closing law against persons who maintain another day as their day of religious rest.
The application was made by Harry Morein, who operates a furniture store in West New York, N. J. and who keeps his store closed from sundown Friday to sundown Saturday during the Jewish Sabbath. Judge Morrill set December 11 as the date for a hearing by a three-man federal court on application for a preliminary injunction to halt enforcement of Sunday sales bans in such cases pending a constitutional determination of the issues.
In another similar case, David H. Fass, a Jewish merchant of North Bergen, N. J., was arrested Sunday for selling linoleum and was scheduled to appear Thursday in West New York Municipal Court on charges of violating the Sunday closing law. Joseph Freiman, attorney for Mr. Fass, said his client has been closing his store during the Jewish Sabbath period for the past 14 years. If he must also close his store on Sundays, Freiman said, he will not be able to stay in business.