Daily capital journal. (Salem, Oregon) 1903-1919, 1915-09-14
COURT OPENS
WAY TO CLOSE THE LID
TIGHTLY IN EUGENE
Section Of State Law Held
Valid and Circuit Court
Ruling Is Revised

The supreme court upheld the Sunday
closing law in Eugene today in an opiu-
ion handed down by Justice Burnett
| reversing the ruling Of Judge Robert
| G. Morrow of the circuit court, and
remanding the case to the circuit for
| trial. This was test case brought
against Leigh G. Nichols in which it
was charged that he unlawfully kept
open cigar store and sold goods on
Sunday or the Lord s Day, contrary to
section 2l25 Lord s Oregon Laws. " The
case was tried in tine justice court in
Eugene and Nichols was convicted. He
appealed to the circuit court and de-
INJURED to the complaint, In the circuit
court the demurrer of the defendant
was sustained by Judge Morrow and the
case dismissed. The state appealed to
the supreme court where it was held
that Judge Morrow erred in sustaining
the demurrer and the case will be tred
again in the circuit court Of Lane coun-
ty.
Section 2l25 as quoted by Justice
Burnett in his opinion states that it is
unlawful to keep open any store, shop,
grocery bowling alley billiard room,
tipping house or any place of amuse,
ment on Sunday except theatres, drug
stores, bakeries, Doctors shops,
butcher shops, undertakers, and livery
stables. The penalty for violating the
provisions of this faw is fine of
from IS to $50.
The theatres, bowling alleys and bill
Hard rooms have been closed on sun
day in Eugene for years and last Oc.
tober the Clean City League in that
city attempted to close the cigar stores
also on Sunday. The cigar men retaliat-
ed by closing all confectionery stores
and soda fountains in drug stores on
Sunday and for one week about the
only place in Eugene where any bi
ness could be done on Sunday was at
an undertaking establishment. This
state of affairs only held for one Sun
day and then it was decided to bring
test case to try out the constitution
atty of the law.
Justice Burnett in his opinion re-
trained from any comment on the con.
stitutionality of the law and stated that
the supreme court was passing only on
the ruling on the demurrer. Justice
Burnett said the trainers of the law
evidently intended to make it necessary
that all should have one day of rest
each week and as theatres were
means of relaxation they were allowed
IN the terms of the law However, the
other places that might supply a press.
ing or immediate need were allowed TO
Keep open and wide latitude of in.
Ierpretatlon of the law was permitted.
rms Interpretation was usually in the
hands of the local police and city gov.
ernmcnt and some places were more ON.
en- on Sunday than others.
The other decisions handed down by
the supreme court this morning were as
follows:
Josie Pullen, appellant, VS.. City of
Eugene, appealed from Lane county.
sult involving damages for personal in.
Junes, petition to recall mandate de.
med, opinion by Chief Justice Moore. !
Patrick II. Loughran, appellant, VS.. S.
d. oHfNer ct al, appealed from Multi.
nomah county, suit for attorneys fees.
OPINION by Justice EaRin, Circuit Judge
Mes6lnn S judgment for the defendant
affirmed
5, T. Howard ct al VS.. Hartford Fire
insurance company, appellant appealed
from jackson county, suit to recover
on insurance policy, opinion by Justice
Lakin, Judgment of Circuit Judge Nor.
row for plaintiff moulried
). I, Howard ct al VS.. German Amer.
lcan Insurance company, appellant. an.
pealed from Jackson county. suit to re.
cover ON insurance policy, opinion by
Justice Eakin, Judgment of Circuit
Judge Morrow for plaintiff modiefied.
Petitions for reheariug were denied
IN Mabel d. Hartman VS.. Oregon Elec.
uic Railway company, appellant ON an.
peal from Multnomah county. opipion
by Chief Justice Moore. and in $ II
Howard VS.. Horticultural Fire Relief
OF Oregon, appellant; Union Credit As.
soeiation VS. Corson, L. S. Fidelity &
Guaranty company VS., Sheppard. &itk.
en- VS.. Bierkyig, Martin VS.. Fletcher