Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1914-09-16
FOR THE LOVE
Of MIKE, MUTT,
Be REASONABLE
Such Is the Advice Given by
Attorney General Clancy on.
Opening of Pool Rooms in
Columbus on Sunday.

Hdh'd re, sept. l5.--"Re reason
able" Is the advice that Attorney
General Frank w Clancy gives
Thomas G. Lakeland OF Columbus,
Luna county. who asks whether the
state law permits him TO operate. a
pool room in Columbus on sunday.
1T depends on the sentiment in the
community" whether the operation
Of a pool room on Sunday can be
deemed Objectionable and would fan
under the ban of the state law. lib
orally construed. Columbus. by the
way. asks the attorney generals Of
flee more questions than any other
two places in the state together.
The opinion says
The Law Of Reason.
santa Fe. Sept. IA, 1914
"Mr. Thomas q. Lakeland, Columbus,
New Mexicos
Dear Sir; | have Just received
your letter OF the 18th instant In
which you request information as to
whether or not il is against the state
laws to operate a pool room on sun
days. as TO which you say. also. that
the laws of your county permit the
same to be open as far as you can.
ascertain, and there Is no town or
dinance on the subject.
'rhere are no county laws relat-
ing to this or other subjects. The
only laws which could be invoked
are those OF the state. formerly ter
ritory, or city or town ordinances.
THE statute on the subject Of thc
observance OF Sunday Is to be found
In Section 1868 Of the Compiled Laws
of 1897, which is as follows.
ANY person or persons who shall
be found on the first day of the week,
called Sunday. engaged in any sports,
or in horse racing. cock fighting, or
in any other manner disturbing anvil
worshlping assembly. or private fam
lily, or attending any public meeting,
or public exhibition, excepting for
religious worship. or instruction. orr
engaged In any labor except works
Of necessity, charity or mercy, shall
be punished by fine not exceeding
fifteen dollars. nor less than five dol
lars. or imprisonment in the county
jail of not more than ffteen days,
nor less than five days. in the dscre
ton of the court. upon conviction
before any district court
Il have had occasion twice IN the
past to consider the enforcement of
this statute with regard to the oper-
alton of moving picture shows, first
in June, 1911, and next in May, 1918,
and what | then said appears to me
to be applicable to the operation of
a pool hall If conducted in an order
" and inoffensve manner. then
said that a literal reading Of the law
would make 1t violation for anyone /
TO be engaged in such labor as the
OF moving picture show. |
and this is certainly applicable also
TO a pool hall. but that experience
has shown that 1t Is advisable that
there should be some discretion exer-
cised i'm the enforcement of such stat
utes as this Intelligent members OF
community who favor the obser-
vance of the sabbath generally real
ize that attempts at rigid and UNI
deviating enforcement OF such a law
are ilhtfS W ltouAt ~ q sVHN''t'N "
public sentiment which might either
bring about a repeal of all laws on
the subject or make it impossible to
secure conviction even In cases where
the violation of the law is flagrantl
and very offensive | believe that in
many of our towns picture shows and
pool halls are in operation on sun
day, and ] have not heard of any
complaint being made on that ac-
count. The sale of such things asl
cigars, tobacco. soda water and can
dies is general and appears not to
have caused any difficulty, although
such occupations are literally withini
The provisions of the statute.
Laws of this kind are enforced
only when the public sentiment OF q |
is in favor of their en-
forcement 1t might be quite injudi-
,ious for the authorities to attempt tol
enforce the law against comparative
" Innocent amusements or occupa-
lions unless they are so carried on
rs to be offensive to the public.
pool room might be so conducted ast
10 be something bordering upon a
public nuisance on sunday, and in
such case the law would probably
De successfully invoked to punish the
ppei atcrs.
yours truly,
FRANK w. CLANCY. |
asAtfornav Gaueral u