The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1909-11-12
BANS SUNDAY SHOW
JUDGE CoMSTocK HOLDS STATE
LAW HAS BEEN VIOLATED.
Case Brought Against Manager Billings
ly Decided, and Owner of Won
derland Theatre Is Fined SIS and
Costs; This Action Was Brought
to Test Statutes; Opinion Based
Upon Section Prohibiting All Secu-
lar Employment.
From Mondays Daily.
|faI II III HH

From Mondays Daily.
Sunday theatres do not 60 in Man
kato That the Sunday laws prohi-
bit them is the opinion of Judge Com
stock, who has given the matter
good deal of thought since the motion
to dismiss the case against R. H. Bill
Kingsley, proprietor of the Wonder
land theatre, was put up to him. The
motion was based on the ground that
no public offense had been committed.
To have granted the motion would
have sustained the right of theatres
to do business on Sunday.
In denying the motion, Judge Com
stock filed the following memorandum:
Memorandum of Court
"From an examination of the au-
thorities we are convinced that the
evidence discloses in this case the con-
duct of public show, as intended by
the terms of sections 1880 and 1881,
Revised Laws of Minnesota, 1905. And
further, an examination of the various
statutory enactments heretofore made
in this state, clearly show legislative
purpose to prohibit all secular en-
pigments or occupation on Sunday, or
the first day of the week, excepting
such occupations as have been from
time to time eliminated from the pro-
visions of the statute
Earlier enactments of law in this
state seem to have contained more Sc
we're restrictions with reference to oc-
cupation, labor or employment on Sun.
day, than do the present laws, and the
history of legislation upon the subject
in this state discloses that from time
to time the laws have been relaxed in
reference to special occupations or en-
pigments,
Held, that the purpose of the sta.
tutes is to prohibit all secular occu-
pations excepting such as may be speci-
fically referred to by statutes as not
within the prohibition of the law. That
the maintenance of moving picture
show of public character, or to which
the public has entry is within the
classification of secular employment
and occupation and therefore prohibi.
ted by the statute.
upon consideration the motion is
denied"
The defendant announced that he
would rest
Authorities In Conflict. .. -.
Judge Comstock stated that the au.
thorities are very much in conflict,
and were mostly what seemed to be
the expression of personal opinions Of
the lesser courts rather than their
opinions on the law. He had gone
over the whole subject and has reached
the conclusion that the Sunday laws
OF Minnesota are pretty strict. The
legislature seems to have practically
concluded to prohibit. all secular oc.
equations, originally, and since then
eliminated certain ones from time to
time. Even if the construction of the
word show was amiss, yet the whole
intent of the law is to prohibit Sab
bath breaking by the pursuit of any
secular occupation of any character not
expressly permitted The court thought
that the Sunday laws were more severe
than most people have thought. The
maintenance of shows on Sunday is
also violation of the law prohibiting
labor on the Sabbath.
The court found the defendant guilty,
and sentenced him to paw fine of SIS
and costs, but at the request of the
defendant stay was granted until
Dec. 8 at 9 a. m, when the defendant
is required to appear and abide the
further order of the court.
Will Probably Appeal.
S. B. Wilson, attorney for the defen.
dant, stated this afternoon that it
had not been decided whether an an.
peal would be taken but that the pro-
liability was that it would be taken.
An appeal in criminal case goes
straight to the supreme court on an
appeal from the judgment.