
    The People of the State of New York, Respondent, v. Louis K. Liggett Company, Appellant.
    
      People v. Liggett Co., 184 App. Div. 937, affirmed.
    (Argued October 20, 1919;
    decided November 18, 1919.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 21, 1918, which affirmed a judgment of the Court of Special Sessions of the city of New York convicting defendant of a violation of subdivision 2 of section 161 of the Labor Law prohibiting the employment of females in mercantile establishments after the hour of ten p. m. Defendant, a corporation engaged in the drug business, contended that the working hours of its employees are fixed by section 236 of the Public Health Law. The prosecution was based upon the theory that the defendant’s store sold other things besides “ drugs, medicines, chemicals, prescriptions or poisons ” and, therefore, constituted a mercantile establishment within the meaning of the Labor Law.
    
      Junius Parker, Morgan J. O’Brien, Roy M. Sterne and Vincent H. Rothwell for appellant.
    
      Edward Swann, District-Attorney (Robert C. Taylor of counsel), for respondent.
   Judgment affirmed; no opinion.

Concur: Hiscock, Ch. J., Chase, Collin, Hogan, Cardozo, Crane and Andrews, JJ.  