The Birmingham age-herald., 1908-03-26

any eIOrt 10 enforce the law. While it Is not so stated, the impression is that the governor will quietly call the att sn- ton of the solicitors to the laws and sug- gest to them that they should see to their enforcement.
 Letter To Governor. Hon. B. B. Conner, Governor of Alabama, Montgomery, Ala
 Dear Sir-In response to your request to aovise you concerning the statutes of Ala bama enacted for the purpose of secus- ing a proper observance of Sunday among the people of this state, it may be Il matter of some interest to you, In view of the present discussion of the subject of Sunday violations by many of our best known citizens, to consider the origin of the general statute prohibiting certain diversions, sports and pastimes on Sun day, contained in section 5542 of the crim- inal code of 1896 Among other things this statute makes 1t unlawful for any person to engage in shooting, hunting. gaming, card playing racing on that day. Sunday violations have always been oiassed among offenses against public morality and decency and the code sec tion named above has been brought down from the codes of former years with but few changes or additions thereto. A sim far statute, however, in the code of 1852, section 3303 was more comprehensive than the present statute, making all of the diversions mentioned above unlawful and also every other sport or pastime.
 Law Is Traced.
 The original of this law can be traced back to an act for the suppression of vice and immortality passed March F. 1S03 by the legislative council and house of. representatives of the Mississippi ter ritory convened in general assembly. It wa hv tbat ipn ld- ly business or employment, ordinary or servile work, (works of necessity or char ity excepteD nor shooting, sporting, hunt ing, gaming, racing, fiddling, or other music for the sake of merriment nor any kind of playing, sports, pastimes. or di- versions, shall be done, performed or rracticed, by any person or persons with in 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 s2 and upon failure to pay such fine the of- fender was "set publicly in the stocks for any space of time not exceeding four hours.'
 Long Enforced.
 This general statutu has been enforced for years and perhaps thousands of con v'ctions secured under it and it is doubt ful whether it's validity was ever serious
 
 contended that the police power of ths state does not extent to every proper and reasonable regulation of public morals. The legislature of Alabama in 1903 passed an act ito prohibit the playing ci baseball and football, golf, tennis, on Sunday in a public place or where people resort for such purpose in the State of Alabama. and to provide pun ishment therefor.' This act which was nber olx if unlawful for any person or persons 10 play or engage in any of the said games on Sunday and provides a penalty upon conviction of a fine, not less than y25 nor more than $50
 Section 5542 of the present criminal code mentioned above is codified in the new code of 1907 in section 7S14 and the ac. of September 2S. 1905. above referred to is codified in the new code Of 1907 in sec ton ISIS.
 Is Constitutional.
 In reply to your inquiry, beg to state iu Is my judgment that the said act of September 2S, 1903 is valid and constitu- tional. If there in reality exists among any set of people or any element of our citizenship, disposition to ignore or defy this law, permit me, inasmuch as the constitution of Alabama enjoins upon you the duty to take care that the laws be
 
 write the judges and solicitors of the courts of those communities in which you are advised that this law Is being violated or about to be violated and re- quest them to report to you the condi. tions existing in their Jurisdiction. The reople of this great state cannot afford tl exhibit a want of respect or reverence for any of the laws of the land The sanctity of the law and the supremacy of all governmental institutions depend largely upon the-patriotic and law-abidIng instincts of the people who compose the slate.A Therefore, I am reluctant to be- iieve that there will be any trouble in enforcing this law against baseball, foot ball, tennis and golf on Sunday. It win rot be improper. however, in this con- nection to say that fears are entertained by some as is shown by the following quotation from a letter or Maxch 16, re- ceived by me from Rev. H. H. McNeill, pastor of the St, Francis Methodist Epis- eopal church, Mobile, Ala.
 Other games of baseball are scheduled to be played on Sunday and the same has been published as before. It Is also a matter of common knowledge that intoxi- eating liquors are being openly sold on Sundays and after g o'clock every night Neither the city nor the county officers make any effort to enforce the law"
 The prosecuting officers of the state will advise the sheriffs and other officers of their duties with respect to arrests made with and without warrants.
 beg to remain yours very truly,
 ALEX M. GARB7R,
 Attorney General.