Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-03-15

motion pictures Tor pfOul. lie dut
law was made in 1906 and that Il
nance.
The test case was that of Fitch
enberg against the city He ran
penny arcade on Peachtree
street. and when he opened his
place on Sunday a case was made
against him.
Represented by Attorney Reuben R.
Arnold. his case was taken to the SUI
preme court Attorney May,on acted
for the city and the decision Of the
supreme court was on the following or
dinance. section 1176 of the city code:
ANY merchant billiard table on ten
pin alley keeper OF other dealer who
shall keep open doors on the sabbath
DAY. on trade or uaffiC ON that day,
ana any person VINO shall do work, OF
in any wise labor Or cause work to be
done on the Sabbath day Except it be
work of necessity shall be fined in
sum not exceeding 500 and costs or
! imprisonment of not more than 80
days"
city Attorney Mayson declared that,
with the law as it stands. all that was
necessary to stop Sunday motion pic
! ture shows would be to make a case in
the recorders court.
! Ordinance Amendment Necessary.
! So far as the plan of the managers
/ Of the eleven motion picture houses, for
]
| Footlight is acting, their only alterna-
tive, according to City Attorney May
son. is to get council to amend the or
| dinance. The police commission itself
would have to secure an amendment of
the ordinance before it could instruct
the police not to make cases against
Sunday motion picture shows.
The fight i'm opposition to Sunday
picture shows by Marion Jackson, Men
and Religion movement leader, is not so
difficult as he himself explained it, ac-
cording to Attorney Mayson. Mr..
Jackson stated he would sue for an in
junction against the picture houses.
1t has been a custom for many years
for the mayor to grant permits for GER
tain kinds of Sunday work When
persons have such permits, the police
do not disturb them. The attitude of
the police. however, is merely in defer
ence to the mayor as the head of the
city, and not in obedience to any le-
gal authority. The plan for beginning
Sunday motion picture shows was to
secure such a permit from Mayor
Woodward. lie had expressed a will
ingness to grant them, but the new de-
velopments may cause him to change
his mind.
Would Enforce All Blue Laws.
Advocates of more liberal police
policy in Atlanta declare that unless
the lid is raised little they intend to
force Chief Beavers and the police de-
partment to enforce all blue laws
They assert there is no difference be
tween clean Sunday motion pictures
and the sale of cigars. newspapers,
soda water or other articles that are
not banned by the police.
Here is the state law, section 4l6 Of
the criminal code:
ANY person who shall pursue his
business or the work of his ordinary
calling on the Lords day, works of ne
cessity or charity excepted, shall be
guilty Of misdemeauor."
However council comes along and
passes an ordinance making numerous
exceptions. While the state law, Of
course. is higher than the city law, and
no city LAW can interfere with il in any
way. the police department takes its
especial duty to be that prescribed by
council. The enforcement of state laws
ignored by the city police, while duty
of the police is more directly the duty
of the solicitor and grand jures
Council Names Exceptions.
Here are the exceptions to the Sun
day law provided by ordinance of coun-
ell. section 1777 OF the city code:
1t shall be permissible in said city
to keep open for selling and delivery
milk. bread at restaurants and milk
stands, ice. ice cream at soda foun
tains and restaurants, soda and min
eral waters, newspapers and also ci-
gars. cigarettes, tobacco. pipes and
other tobacco dealers supplies at re-
tail on the Sabbath day. and for doing
such other work of necessity or charity
as is provided by the state law"
In reply to the interview of Marion
jackson that any opening of motion
picture shows on Sunday would be
| forcefully opposed, Frank Hammond,
! secretary to Mayor Woodward, who is