Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1911-05-16
POOL HALLS
AND SALOONS
Judge c. J. Roberts Instructs
Grand Jury as to the
Sunday Law
REASONABLE INTERPRETATION
Liquor Traffic Is Harmful and
Causes Drain on Society,
Says Jurist.

vened yesterday and from the q citi-
zens summoned to act as a grand jury
for the term, seventeen were found
qualified A special yenire was issued
made returnable at two O'Clock this
afternoon, and from this yeDire the
grand jury was completed and Freder-
ick H. Pierce was made foreman Of
the jury. The court instructed the
jury as to its duty, calling attention
to the various statutes upon which
the court is required to specifically in
struct the jury. AS to the violation
of the so-called "Sunday-law" Judge
Roberts was very explicit, and that
portion of his instructions bearing up
on the Sunday law Is published in
full. This portion of the courts in
structions will be read with much n
terest by the citizens of this communi-
ty, and also by the citizens of every
county comprising the fourth judicial
district over which Judge Roberts pre-
sides. 1t is a clear, and concise in
depreciation of the law.
| Judge Roberts said:
| There is another law in New Mexi-
co which I am required to call to your
attention especially. and that is the
Sunday law. The legislature has mad .
it a misdemeanor for people to en-
gage in certain vocations on Sunday,
and has prohibited all sports, which
| interfere with religious worship.
! I would not have you understand
that this law applies to all work and
business of every kind. for it does not
the legislature has excepted from the
Iinhibitions of the statute all works
of necessity, charity and mercy. BY
the word necessity, the legislature in
tended to and did exempt from the
operation of the law such business as
was reasonably necessary for the com
fort, convenience, enjoyment and vel
being of man, which could be carried
on without interfering with religion.
worship or the disturbance of society
The legislature did not intend to give
to New Mexico Puritanical Sabbath
and such business as drug stores, con
fectioneries, news stands. livery
stables, garages are not included with
in the provisions of the act, provided
of course. that their business Is car
ried on so as not to interfere will
religious worship and the peace ant
fNrda <Nf n
course, if druggist should sell intox
icating liquor on Sunday he would bt
indictable. Likewise places of clean
wholesome amusement, which are in
structive in their character, are not in
cluded. neither are butchers and bak
ers, nor farmers, when their labors are
| required to irrigate their crops OF
remove the same
The law, in my judgment. does not
apply to base ball, so long as the sporr
is properly conducted, and does moi
result in the disturbance of q wor
Shipping assembly. or interfere with
religious worship. We must face con
ditions as they exist, and earnestly try
to do the very best we can for the
community in which we live. In or
der for our Sunday law to have any eff
feet for good we must give to it
reasonable construction, and apply tt
it good. common sense.
I The supreme court of the territory
has rightly held that the Sunday Law
prohibits the sale of intoxicating lq
uor on that day, SO in New Mexico
as it is in every state in the union
it is unlawful to sell Intoxicating lio
uor on Sunday. We can readily under
stand why the legislature intended tt
prohibit the sale of liquor on Sunday
1t is, and has been the general polio
of the whole nation. Sunday is a Ga,
, of rest and recreati ton: there is
general relaxation from all busines
: pursuits on this day. Were it not TO
/ the Sunday closing law. applying to Sc
looms, many men would naturally visi
them, and some of them would spen
all their wages earned during tn
preceding six days and some will bt
come intoxicated. go out on the street
and disturb men, women and children
1t causes drain on society, and ever
; state recognizes this, by either prt
hibiting the traffic entirely, or licer
, sing 1T. and placing around it sever
, restrictions. The interest of societ
/ demands that such places should nc
be open on day of rest, when me
'are idle.
I Pool halls also come within the pr,
, hibition of De Sunday law. Unto
tunately this sport has been allowe
to degenerate by the proprietors {
most such places, until 1t has com
to be menace to society. With
q the past month, the authorities
the city of Denver have announce
that all pool halls in that city are [
be closed permanently. That the
We're running more young men an
boys than the saloon. In most of ii
: pool halls they have been carrying Q
Illicit gambling and their rooms ha,
been filled with slot machines, in vi
lation OF law. Unlike the saloon. o,
boys can enter the pool hall withol
restraint, regardless of their ages, ar
: as such places have been conducted,
> is here that he gets his first lesson
!; vice. We can close them one day
! the week under the present law, al