The Pacific commercial advertiser., 1900-12-28
WANT NOW
TO CHARGE
Admission Fee For the
Sacred Concerts
'ORPHEUM CONSULTS LAW
Attorney General Dole Says He Is
Puzzled But Can't Say,
Go Ahead"

read to the Governors Council his re-
ply to a communication from John F.
Colburn, treasurer Of the Orpheum
Theater Company regarding the Sun
day night sacred concerts" Mr.. Col
burn asked whether the company could
charge an admission to these con-
certs.
The Attorney General says church
going people would be likely to char
acterize the concerts as entertain
ments rather than as religious wor-
ship. He considers that to charge an
admission would be violation of the
statute, and withholds his approval,
leaving the company to apply to the
legislature for relief.
The letter is as follows:
Hon. John F.. Colburn, Treasurer Of
the Orpheum Co., Ltd.
Dear Sir-Your favor of yesterday
is received, in which you say: AT
the continued requests of large por-
tion of our community a sacred con-
cert was given at our theater on the
eve of last Sunday, December 23d, and
the public were allowed entrance to
same. free. 1t was pronounced by all
present as an entertainment worthy
of patronage, a large portion of our
best people being present. We desire
to continue the sacred concerts on
Sunday evenings, but cannot afford to
give them free, and we hereby ask you
if we will be permitted to charge an
entrance fee. The concerts given and
intended to be given, was and will be
of high moral standing, and will no
doubt be an entertainment patroniZed
by people who are deserving of a
place to spend their Sunday evenings.
who may not desire to attend church
services. We doubt very much wheth-
er an entertainment of this kind comes
within section 31S of our Civil Laws,
but write to secure the views of the
government on this matter"
Section 31S of the Penal Laws of
1897, which you evidently have in
mind, in so far as it applies to this
matter. is as follows: "All public
amusements, sports. shows and games
on Sunday are hereby forbidden"
Last week Mr. ]. c. Cohen of your
company applied to High Sherin
Brown for permission to give a sacred
Sunday concert, stating as | under
stood, that there would be no charge
for admission, and that tickets would
be issued. not to the public at large,
but to patrons of the theater and
others as invited guests. Mr.. Brown
submitted the matter to me. and
was of opinion that concert given
under such restrictions was not. tech
nically, public.
The question now submitted to me
Is different. A concert given at a
place devoted to public entertain
ments, to which the entire public are
invited on condition of paying for ad-
mission, is public. OF this there car
be no shadow of doubt
Whether it is an amusement may
not be SO clear. The fact that it i;
given in a theater instead of in g
church does not necessarily make il
an amusement-a sermon might bt
preached there, and, indeed, a sermon
itself might be an amusement The
fact that an admission is charged doe.
not necessarily make it an amusemen
admission might be charged to ;
funeral. The fact that the Territorial
band and the Central Union Sunda,
school may give similar concerts OF
Sunday does not prevent the concert
you propose from being public amuse
ments, within the prohibition of tn
statute. Officers of church and Stat
may be law-breakers as well as 9th
ers.
Amusement is defined in the Centur
Dictionary as follows: The state O
being amused; mental enjoyment o
! 70 irXl
ment, due 10 an external cause; tina
which amuses, diverts or engages th
mind pastime; entertainments; as {
provide children with amusement.
The word is defined by Webster a.
"Pleasurable excitement; diversion.
the synonyms which he gives are
Recreation; relaxation; pastime
sport" Some of these definitions, a
mental enjoyment" and "pleasurabl
excitement" might be applied to
sermon if it were well prepared an
attractive. In many cases, it is to t
hoped in most, moral, intellectual an
religious Improvement and amusemer
or entertainment are more or lie:
, combined. 1t seems to me that whetl
er the concerts which you propose wi
De public amusements or entertain
q ments, depends upon whether that wi
!? be their predominating character an
g purpose. | think that almost ever,
one who is unbiased by religious fee
Ing one way or the other would ella.
them as entertainments. rather tha
as religious worship. Your letter.
which you speak of them as entertain
: ments, shows that you yourself so r
gard them.
Some months ago when | approve
the sale of refreshments on Sunday
, had to dc with the construction of
statute which is quite flexible. and fe
at liberty to adopt the reasoning
the more liberal courts. In that cas-
my opinion of what a correct inte
probation of the law Is coineided Wi
my views of what the law should b
In the matter of these concerts, a
!. not only confronted by judicial
e cisions which appear to be contra
D to what you ask, but also by the a
cepted definitions of common En-
lish word. Whatever / may think
the statute. if / am satisfied that it
law, | cannot officially and knowing
r approve of its violation without bell