The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-11-22

aR's,I but tho county attorney says he
not interfere with the performance.
y one attraction should be prohibited
the other allowed to go on has raised
10 question about tho construction pl1t
the law. Mr.. Nolan was interviewed
to-day ~ an INDEPENDENT reporter Who
4: s #s.#5.
Ishave come#to see you regarding yonr
erfsrencs with the theatrical exhibition
Phte opera house Sunday night?' HI
Well, sir, I am glad tosoe younot meroly
ardipR that matter but my other In
wing official duty and will cheerfullly
(vsr any questions that .you may f be
ased 70 AK. T will say in the first place
y .orime ID Of two kinds, the . inyolv-t
moral tsrpitude,8nnd the other where
act il $constructivsly mad9 an ##ctfense
;hout having attached to il = moral
kradation.##zz#zNow observance OF b
Frd's day, although not being q member
d church, ID to ms 9 contamination
koutly to DO wished, but wherein
tuts provides that tho doing of certain
ms on tho Lords day is an offense and
doing Of those things on any other day
the Wsek is not an otfsnss. ~ ~ 9 ease
srs no moral obloquy is attached 70 the
M Of the act on Z Sunday and 10 simply
At i'll known az. a statutory crime. IL Is
Eayg 70 IS desired in every community
III the people should strictly observe the
k's mandates, but / realize the faot that
are all frail and that sometimes We do
na mas not morally wrong and yet expose.
kselves to amenability to the law 9s
Now, in connection with my interior
be- with the theatrical performance to-
brow night, / have been called upon Of
tally to perform my duty, and this being
j case and realizing the fact that the per
nance Tomorrow night is an offence
der the law, I certainly would be unde-
wing to hold the office did I shrink from
b performance of MY duty &
Are there not further instances where
%infraction of the law takes place, such
Chicago Joe's variety show, and where
Ii have failed to act? II q
Thaye no direct and positive knowledge
any, and no complaint has been made.
viii say, in this connection, that perhaps
have 3 and indefinite ideas that laws
the character heretofore referred to AVE
en- technically violated, but from the
ct that no moral delinquency is$ attached
d v not transcended my duty to 5Coiloct
idence myself or to ascertain b fact
aeether such a law has been broken. III,
Iwever, anybody would ON to me and
sire me to act I would a. cheerfllly act
RRrdinR the suppression ct the gd1strlbu..
81 Of prizes at a church %sociable,. az ]
1,unld To prohibit gambling on Sunday 81
= holding Of q thoater$ open H !.
tAsDo$you think that the enforcement q
W. Of this character ID practical ~ .
.sOf course, it ID not my place to pass
bon the wisdom of the legislature in the
[aotment of laws Of this kind. Laws 81
kiss nature supplement the, pulpit il the
bod work performed BY it, and il ID an at
nlpt by legislation to improve the moral
Ilture and standing Of the community.
legislation Of that character is always i'm
tactical, from the fact that the sense 81
ks community must be in keeping with the
Laracter ofthe legislation in order that i
In be enforced, and the sense OF the com
unity is that tho pulpit and home are thu
btont factors to accomplish reform of this
Ind. 3. ..sg e. . ". !
81 will say furthermore that in 80 far as
avis and Clarke county is concerned il
krtainly has made rapid strides IN the en-,
brcement OF legislation OF this character
ut in my Judgment legislation of the kline
Incorporated in the Sunday law ano
vs. Of d kindred character indicate
le existence of = standard Of morhllt.
hich would bstoken the near advent 81 tn
{illennium, and Lewis. and Clarke count,
ayinr attained that standard Of moral ex'
silence, there is imposed upon me the ne
bssity Of inforcing this Sunday law. ltl
fact known 70 me-, IN connection With ~
kmpts made, and successfully too, BY tn
Ulcers Of Lewis and Clarke county. to en-
bros legislation Of this kind, that Will,
ock-maining. dog fights. prize ring exhibi
ons and other offonses OF q kindred char
cter are prohibited and suppressed il
lewis and Clarke county they are carr1e'
a with impunity in other counties in thl
bate; but, az I have already stated, whethe
be legislation ID impractical or not, when.
YER and wherever my attention is called u
= infraotion Of the law will speedil
hforce it, or attempt 90 TO do, at the IN
Lance OF and every element OF tn
ommunity.' N " 55 l%%yS@ ~ a #&53%#%%.
How about the Carleton Opera com,
any billed to appear at MinQ's on Nov. e
Ehich is on Sunday?' lfaS $Es " = i&.s#-$
81 will not interfere with them and MI
Bennington may open his doors. y II
sssIhe public would probably like TO knoyy
ow it ID that tho law ID enforced in OH
ase and not in the other. Both attraction
kould seem to come within the meaning 9
he law Do they?' ~:
4H.The law prohibits keeping q theater g
lay house open, on Sunday. NY conten
ion ia that If the law were literally con
truod an of 3 would be committed b
he opening Of the doors Of q theater. Th
ntsnt of the legislature was to prohibl
xeroisea generally carried on in such in
tiitt;aatt ;;oonrs, so that the performance TO b
arried on may be N which is confined ex
lusiv ely to the thsatsr. An opera is no
dependent for its existence, OF the exeou
lion of ii, on a thoater; indeed, being NOR
uggsstive of a church exhibition, and doe
lot within the letter of this law. Ger
ainly it would not be my place to indula
ii any inferonces 30 that, If possible, a
opera would be brought within the spirit 9
he law when the latter excludes IT,"
Fancy sweet Potatoes at Lindsay s. Co.
Edw street. #@ 5#
4s55&4N u @5gEE