The Montgomery advertiser., 1908-03-26
The Governor May Stop
 Sunday Ball i1 Mobile

violations by many of our best citi- zens. to. consider the origin of the gen. tral statute prohibiting certain dyer sions. sports and pastimes on Sunday, contained in Section 5542 of the Crim- inal Code of 1Sss. Among other things this statue makes 1t unlawful for any person to engage in shooting. hunting. gaming, card playing or racfng on that day. Sunday violations have always been classed among offenses agafnst public morality and decency. ana the code section named above has been brought down from the codes of form CT years with but few changes or ad- ditions thereto. simillaP statute, however. in the code of 1852. Section s3e3 was more comprehensive than the present statute. making all of the diversions mentioned above unlawful and also every other sport or pas time.
 Origin of Law.
 The origin Of the law can be trac- ed back to an act for the suppress sion ysf vice and immortality passed March 12. 1903, by the legislative coun- ell and house of representatives of the Mississippi Territory convened in gen eral assembly. It was provided by this act that "no worldly business or em- ployment, ordinary or service work. (works of necessity or charity except ed) nor shooting. sporting, hunting. gaming, racing, fddling. or other mus ic for the sake of merriment, nor any kind of playing. sports, pastimes or diversions, shall be done, performed or practiced. by any. person or persons within this territory on the Christian Sabbath, or first day of the week, commonly called Sunday" Every person who violated this statute was subject to a fine of $2.00 and upon failure to pay such fine the offender was f"set publicly in the stocks for any space of time not exceeding four hours.' "
 This general statue has been en- forced for years and perhaps thousands of convictions secured under 1t and 1t is doubtful whether it's validity was ever seriously questioned. Certain iy it will not be contended that the police power of the state does not extend to every proper and reasonable regulation of public morals.
 In reply to your inquiry, beg to state 1t is my judgment that the said act of September 28, 1903 is valid and constitutional If there in reality ex- ists among any set of people of any element of our citizenship. disposi- tion to ignore or defy this law, permit me. inasmuch as the constitution or
  to take care that the laws be faith fully executed to suggest that you write to the judges and solicitors or the courts in those communities Tn which you are advised that this law is being violated or about to be Vio- lated and request them to report to you the conditions existing in their ifrisdiction. The people of this great state cannot afford to exhibit want of respect or reverence for any of the laws of the land. The sanctity Of the law and the supremacy of all govern mental institutions depend laregly up- on the patriotic and law-abiding in- sttncts of the people who compose tne state Therefore. am reluctant 10 oe- lieve that there will be any trouble in enforcing this law against base pail foot ba1l' tennis, and golf on Sunday. It win not be improper, however, m this connection to say that fears are entertained by some as is shown by the following quotation from a letter received by me from Rev. H. H. MIG NefIl. pastor of the St. Francis M. E. Church, Mobile. Ala:
 @Other games of baseball are sched- uled to be played on Sunday and the same has been published es before. IL is also a matter of common knowledge that intoxicating liquors are being openly sold on Sundays and after nine o'clock every night. Neither the city nor the county officers make any er- fort to enforce the law"
 The prosecuting officers of the state will advise the sherints and other ofh- cers of their duties with respect to ar rests made with and without war rants.
 beg to remain.
 Yours Respectfully,
 Alex M. Garber,
 Attorney General.
 Law in 1908.
 The. legislature of Alabama In 1905 nassed an act "To prohibit the play ing of baseball, and football, tennis. golf, on Sunday in public place or where people resort for such purposes in the state of Alabama, and to pro- vide a punishment therefor" This act whSch was approved September 2S. 1903. makes 1t unlawful for any per son or persons to play or engage in any of the said games on Sunday and provides a penalty upon conviction of a fine not less than $25 nor more than $50.
 Section 5542 of the present criminal code mentioned above is codihed in the new code of 1907. in section 7814 and the act of September 2s. 1903, above referred to is codified in the new code of 1907 in section 7sIS.