The times., 1899-03-28
4 TOBACCO FINE ON
SUNDAY PLAYHOUSES
An Old Maryland Law Read Oh
Sacred Concerts"
Nothing Oh the Statute Books TO
Prohibit Such Enterprise.
Preachers Call a Conference and
Talk of un Indignation Meeting
Warrants Refused.

Warrants Refused.
Sunday theatrical entertainments, under
the guise of sacred concerts such as
were given in three local vaudeville houses
last Sunday evening. were made the sub
iect of consideration by the District au-
thorities yesterday, and the matter was
brought TO the attention Of the Commits
sioners in various ways during the day.
In the afternoon the interest which
churches are taking in the subject was
emphasized by a visit from Rev. Luther
B. Wilson, presiding elder of the Metho-
dist Episcopal Church for the Washington
District of the Baltimore Conference. He
was accompanied by the pastors of Waugh
and Wesley Chapels, and another divine.
Their call was made with two objects in
view-the first to express their delight that
the last Congress passed a prohibition law
for the District of Columbia before ad-
journment and secondly to express their
disapproval of sacred concerts on Sunday
in theatres.
Commissioner Ross informed the visitors
that the Commissioners were powerless, as
far as statutes were concerned, to prevent
such Sunday entertainments The only
law which would seem even remotely ap-
pIicable to the so-called sacred concerts
is found in Abert's compilation, and is des-
ignated as section 1G71. being an old law,
passed by the Maryland Assembly in 1923.
1t follows:
No person shall work or do any bodily labor on
the Lords Day commonly called Sunday, and
no person having children. servants, or slaves,
shall command upwittingiy, or willfully sui
fer anv of them TO do any manner OF work or
labor on the Lords Day (works OF necessity anil
charity always exccpted); nor shall suffer per-
init any children Tor slaves, to protane the
Lords Day by gaming, fishing. fowling, hunting.
unlawful pastimes or recreauons, and that
every person transgressing this act and being
thereof convicted by the oath OF one sufficient
witness confession of the party before the
Police Court "a single magistrate) shall forfeit
two hundred pounds OF tobacco (S3.35 l-3), to be
levied and appraised aforesaid.
According to an act of the Maryland As
sembly of 1880. the value OF tobacco was
placed at l. shillings and pence per hun
dred pounds. Commissioner Ross read this
law to the minister's and after thanking
him for the information they departed
1t is stated that this old law of the early
colonial days is yet in force, or that it
may be enforced, which would mean only
the collection of a fee of 200 pounds of
tobacco. or its value in specie (S3.33 1-3l.
in the event of the courts holding that the
performances given by the various mana
gers are equivalent to work or labor
or unlawful pastmes'' or ..recreations."
It is asserted by some that the Commits
sioners could break up Sunday concerts
by. refusing TO grant licenses to such thea
tres. but it was held by the courts some
years ago that as theatres were licensed by
an old Maryland law. intended for the pur-
Of II
erse cannot refuse 10 grant license to any
applicant.
The matter has been referred to Major
Sylvester. Chief of Police. and James L.
Pugh, Prosecuting Attorney. Major Syl-
vester says he is desirous of doing all that
he can to abate the alleged annoyance, and
warrants were sought yesterday by Ser
geant Acton. of the First precinct police
station, against the managers of Herman S
Lyceum Theatre. the Grand Opera House,
and the Bijou Theatre, in each OF which
concerts were given Sunday night. The
Attorney finally refused the application
because he could find no law upon which
he might base prosecution. The only Law
which seemed TO be applicable to the ques-
tion was the one found in Aberts COM
pilation. enumerated and quoted above. II
IS stated that even under this law prose
cution would have 10 be brought in the
name OF the Federal Government, and moi
in the name of the District government.
The fact that the Washington theatres
are beginning 10 make Sunday evening
performances Il regular feature, and that
the guise OF sacred concerts" is becom-
ing more and more disregarded was the
cause of much earnest talk on the part oil
the pastors of the various Washington
churches who assembled yesterday in their
respective preachers meetings. The open-
ing of the theatres on Sunday evenings was
denounced in no uncertain terms by all
and il is understood that committees were
appointed in nearly all denominations for
the purpose of ascertaiDing the exact legal
status of the matter
Rev. DR.. Clark. pastor OF Foundry Meth
odist Church; Rev DR.. Heisse, and Rev
DR.. Gill were appointed by the Methodist
preachers TO represent that denomination
and 10 take such action as they might deem
eXpedient in order 10 effect the closing oil
these performances on Sunday. Invita-
tions were accordingly sent out to all the
Washington preachers inviting them to
participate in a conference TO be held
Wednesday afternoon at 2 O'Clock at the
residence of DR.. Clark. 1885 G Street north
west
In speaking of the matter yesterday DR.
Clark said that before any steps were taken
the District Commissioners would be ask
ed TO disclose the law and the interpreta-
tion they intended TO put upon it. II this
was not sufficient to close the playhouses
on Sunday nights he was of the opinion
thar public agitation of the matter would
be begun and indignation meetings held
and if no immediate remedy could be
found Congress would be asked TO pass a
law at its next session that would reach
the desired end. As the matter stood a,
present, Or. Clark said nothing could be
stated definitely what course would be pur-
sued.