Polk County observer. (Monmouth, Polk County, Or.) 1888-1927, 1915-11-05
WAR ON LAW DECLARED
ACTION AGAINST SUNDAY CLOS
ING ACT is BROUGHT.
Manufacturers Hold That Enforce
ment of Law Would Be Harmful.
Polk Officials to Appear.

County Attorney Sibley and Sheriff
John Orr have been cited to appear
in federal court in Portland on No
vember Is in the case brought by the
Brunswick Bake Collander company
of Chicago to enjoin the several coun-
ties of the state from enforcing the
Sunday law, on the ground that the
closing law of 1864 is in conflict with
both the federal and state constitu-
tions. The plaintiffs in this action
manufacture billiard tables and bowl
ing alleys, and have an investment Of
100000 in Oregon. They complain
that enforcement of the measure
would entail serious losses to it and
its customers as well as to theaters,
motion picture houses, grocery stores
and other businesses prohibited from
operation on Sunday by the ancient
statute, and hence seek to enjoin the
twenty-five county attorneys and
sheriffs Of the state from enforcing
the act. Officials from every county
have been cited to appear to show
cause why an injunction should not
be granted.
Action by the Chicago company
follows the arrest recently of numer-
Gus pool room owners in various
parts of the state for violation of the
act, and threats Of arrest directed
against many others by county offic-
ials. According to the company's at
torney there are $500 pool halls and
billiard alleys in Oregon and enforce
ment Of the act would compel many
of them to go into bankruptcy.
"We are planning to give the Sun
day closing law an exhaustive test"
said Hume to a Portland newspaper
representative. ''In our suit we
claim the law is unconstitutional in
Oregon because the title of the act
does not express the subject of the
act as the constitution demands; al
so that it is discriminatory and ar
bitrary in its provisions, and is not
an amending act as set forth.
"We charge violation of the feder-
al constitution inasmuch as the act
does not give protection to all citizens
under the law and that its purpose is
to affect the religious convictions Of
citizens of this country, all contrary
to the guarantees of the constitution.
In addition there are technical phases
of the question that will be brought
out at trial."
The Chicago company asserts that
it has more than 100000 still due
from Oregon customers as Install
ments on purchases made, and has liza
bilities of more than $150,0O0 as rep
resented in leases and security for
leases to assure payment Of install
ments. The Sunday business of the
pool rooms and bowling alleys, it as
serts, total one-third of each week IS
business and is necessary to the sue
cessful conduct of the business. 1t
calls attention to the fact that for
% years the law has remained dead
letter and pool halls, ETC., have been
allowed to conduct Sunday business
without interference of the law. In
this connection the declaration is
made that the business is orderly, and [
to deprive citizens of the right to
such recreation on Sunday would be ,
to deprive them of personal liberty. {
Upon the outcome of the case de- c
pends whether or not billiard and pool {
rooms in Dallas, as well as elsewhere 9
in the state, shall be permitted to 1
transact business on the Sabbath, and I
consequently more than ordinary in L
terest is shown in the pending pro- v
ceeding. While no action has been d
taken here to enforce the Sunday
closing law, these particular places of
have not been opened on
the Sabbath because of restricting I
local enactment Elsewhere in the
state the act of long ago is being rig
idly enforced as to those other bust a
nesses coming under the provisions of \
the law. o