Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1911-06-06
SUPREME court ON
SUNDAY CLOSING Law

UUlVUHl ULUUllVu LII "
The following is the opinion of the
supreme court, written by Judge SpalC
ing and handed down this afternoon
l. Irregularities occurring at the
trial and errors Of the trial court II
it's procedure in criminal action are
not renewable on habeas corpus.
2. The petition of the REALTORS al
!leges as one ground for their release
/ that they rendered the sheriff, who
held them in custody under a commit
ment from the police court of the city
'of Bismarck, the sum of $50 in pay
mentof the fine imposed by such court
The sheriff's return. containing com
mitment and judgment discloses that
the fine was $50 each, and that nc
tender was made other than $50 tc
release both defendant petitioners
Held, that the return of the sheriff was
IA complete answer to the petition or
, that point.
3 Section of the constitution OF
this state provides that "The free ex
ercise and enjoyment of religious pro-
fession and worship. without discrim
ination or preference, shall be forever
guaranteed in this state, and no per-
son shall be rendered incompetent to
be I; witness or juror on account OF
! his opinions on matters of religious
belief; but the liberty of conscience
, hereby secured shall not be so con-
~ ~
ness or justify practices inconsistent
with the peace and safety of the
state" Held that in general, laws
prohibiting the doing of certain acts
and the performance of certain kinds
of labor on the first day of the week,
! commonly called Sunday, are not in
violation of this provision, as they in
no way work an establishment of a
religion. provide for compulsory sup
port, by taxation or otherwise. of re-
ligious Institutions make attendance
upon religious worship compulsory,
work restriction uCOn the exercise of
religion according to the dictates OF
conscience, or impose restriction upon
the expressions of religious belief.
: 1. Chapter ., Laws of the Twelfth
legislative assembly. making it unlaw-
full to keep open or run or permit to be
run, any theatre, show. moving picture
show or theatrical performance, upon
the first day of the week, commonly
called the Sabbath. and prescribing
penalties for the violation thereof, is
not special legislation, as, if the legis-
lative Interpretation Of the former law
was correct and it did not include
theatrical performances in its prJ:is-
, ions. Chapter ...., supra. Is III Inc
nature Of an addition to former pro-
;lbitIons Of tie statute. making it
mo- general and more universal in
it's applications chan it was previous
10 the. enactment of said chapter: and
. in any event if said chapte' stood
alone, it would constitute valid en-
actment.
tSyllabus by the Court.)
Habeas corpus. Thee writ was is
sued: return made; parties in court
| Writ quashed and REALTORS remand
; ed.
Niles & Koffel. attorneys for re-
lators.
W. l.. Smith, states attorney. con-
ira.
Spalding, J. Chapter 80. of the
Laws of the Twelfth legislative assem-
bly, of the state of North Dakota, in
troduced as House Bill No. 1928 omit
ting title. reads as follows:
Section 1. Theatres open on Sun
day unlawful.-It shall be unlawful to
keep open or run or permit the run
ming of any theatre, show, moving pic
ture show. or theatrical performance,
upon the first day of the week, COM
monty called the Sabbath.
Section 2. Penalty.-Any person,
firm or corporation violating any of
the provisions of this act. shall. upon
conviction thereof, be deeme>. guilty
of misdemeanor. and shall be pun
ished by fine of not less than twen-
ty-five dollars nor more than fifty
dollars.
Section 8. Emergency.-Wh
there is no express provision Of law
prohibiting the keeping open or run
ming or permitting the running of any
theater show. moving picture show or
theatrical performance. upon the first
day of the week, commonly called the
Sabbath. an emergency exists and this
act shall take effect and be in force
from and after its passage and appro.
val"
1t took effect March 3, 1911. On
the 22nd day of April, 1911. REALTORS
were convicted in the police court of
the city of Bismarck. of violating the
above law, and on the verdict rendered
the police magistrate entered judg-
ment against them imposing fine of
$50 each and adjudging that on fail
ure to pay such fine each be impris-
oned in the Burleigh county Jail for a
period of q days or until the fine be
paid. Bail was fixed on appeal in the
sum of $3.50. The specific charge
was that of running moving picture
show and theatrical performance upon
Sunday, the 18th day of April, 1911. in
said city of Bismarck. They refused
to pay the fine imposed and were duly
committed to the county Jail in ac-
cordance with the judgment. They
subsequently applied to the judge of
the Sixth judicial district for writ
of habeas corpus. which was denied.
The writ was issued by the court and
the sheriff directed to have the bodies