Birmingham state herald., 1895-10-29
WILLTHEY KEEP OPEN DOORS That Will Be the Question for the
 Bar Men to Decide. JUDGES FEAGIN AND GREEN Agree That the Sunday Law Regulating the Sale of Whisky by Saloon Keep
 CTS Is Defective.

Judge Feagin announced a surprise to the police force yesterday morning con- corning the Sunday laws.
 State Herald reporter called q Judge Feagin's home last night for the purpose of interviewing him on the subject.
 Said the judge to the reporter: My in- structions to the police force were for them to discontinue the arrests of sa- loon keepers and employees unless sale for violating Sunday laws could be prov en when the defendant was brought be- fore my court.
 T had been holding that the law was violated by one who kept open on Sun day any store or saloon in which goods of any description were kept for sale when proof was made that persons ire quehted and drank in the saloon or bar room, even if there was no sale, under that portion of section 626 of the city code which is as follows:
 Any person who keeps open on Sun day any store, shop, warehouse or other building in which business Is transacted, or goods of any description are kept for sale
 Judge Greene held that the above lan- guage of section 626 should be construed in connection with the following lan- guage of the same section:
 Or who sells or offers for sale on that day any goods, etc.
 Judge Greene thus holding that a sale was necessary to a conviction, while I held that a keeping of open doors was sufficient for a conviction under the first part of the section quoted"
 What will be the result of this inter pretation of the statute?" the reporter asked.
 CTS who are inclined to keep open sa- looms even at the risk of arrest and trial will now throw their doors wide open on Sunday and give away drinks"
 What do you consider a sale?''
 'The delivery of whisky to a person for money or other things of value''
 What evidence is necessary to make a conviction under the law as hereafter to be construed by you and Judge Greene?"
 Proof of any kind to show that there was a sale"
 Would open doors and the giving away of any quantity of beer or whisky in saloon on Sunday be violation of the law under the above construction?"
 No, it would not; it would require the proof of sale"
 Will this remain permanent?"
 Yes, unless the council sees proper to change the law and make giving away beer or whisky on Sunday a violation of the law, or the keeping of open doors a violation of the law. In view of the fact that the attention of the public has DeeH called 10 tnlS matter l think 1t nOth- ing but justice to the police force to say that the many arrests they have hereto fore made for violating the Sunday laws nave not been oppressive, but in har- mony in most cases with my construction of the law
 What did you have to tell the police regarding the arrest of lewd women found walking the street after 9 o'clock D. m?"
 T told them that they should not make arrests until the law is changed The statute is defective and meaningless. After o'clock D. m. might as well mean o'clock next morning or any other hour after o'clock D. m. If the statute read after o'clock and before 6 o'clock, or , after o'clock and before daylight, or between the hours of o'clock D. m. and o'clock a. m., I could convict under it. As 1t Is the law must be construed lit orally for the defendant and vigorously against the law makers"
 The construction of the statutes has created a good deal of comment pro and con, by all who learned of it yesterday. It is said that train loads of Sunday drinkers have heretofore been going to not been enforced as strictly as they have ]ieved that everything will be wide open a less quiet appearance on Saturday nights"
 One of the police commissioners yes terday told a State Herald reporter that the commission would take the matter in hand at once and do all in their power to maintain rigorous enforcement of the