Fulton County tribune. (Wauseon, Ohio) 1883-1925, 1915-03-19
MANY VIOLATE
SUNDAY LAWS
Ohio's Sunday Closing Statute Should
be Enforced Impartially-If Law is
Unjust, Modify 1t. Sunday Pic
ture Show Starts Something in
Wauseon = Work for Prosecuting
Attorney and Grand Jury.

Last Sunday and Sunday before
last the Princess Theatre opened its
doors to the Wauseon public during
the afternoon and again in the even
ing at 8 o'clock at hours calculated
nottointerfere with any regular church
service. The films SHOWN were, on
the first Sunday a picture presenting
moral lesson and last Sunday an
educational film, showing authentic
moving pictures of the European war,
and we are also informed that the
management intended to present only
religious, biblical and educational
subjects at the Sunday exhibitions.
The manager opened his doors af-
ter ascertaining that the picture show
houses in Napoleon, Delta and many
other Ohio towns and cities were Civ
ing Sunday exhibitions. Attorney
Geo. B. Heise whether acting on his
own initiative or for other parties,
we do not know, presented the matter
to prosecuting attorney Stahl with
the demand that Manager Caddell be
prosecuted for violation of the Sun
day closing Law of Ohio. Mr.. Cad
dell through his attorneys Files &
Paxson insist that the prosecutor shall
p1OoSCuCc dlls NlOldIOTS- OQlO OQQ-
day Laws without partiality and bring
charges of violations against those
places of business in Wauseon that
have been in the habit of opening for
business purposes during a part. or
all of the day on Sundays. Mr.. Stah
very wisely we think, notifies all
these parties and asks them to appear
before the grand jury where argument
pro and con may be had and that body
determine in regard to prosecution.
Following are the sections of the law
which are pertinent to the natter.
First as touching the opening of
the picture show on Sunday is Sec
ton 13049 as amended, April 26th,
| 1911: "Whoever on Sunday, partici-
pates in or exhibits to the public
with or without charge for admittance
in a building, room, ground, garden
or other place, a theatrical or dram
| attic performance or an equestrian or
circus performance of jugglers, aero
bats, rope dancing or sparring exhibi-
ton, variety show, negro minstrelsy,
living statuary, ballooning, base ball
playing in the forenoon, ten pins or
other game of similar kind or partici-
pates in keeping low or disorderly
house Of resort or sells, disposes of
or gives away ale, beer, porter, or
| spirituous liquor, in a building ap-
pendant OF sdjacea: thereto, where
such show, performance or sxhihi-
tion is given. or hodses or place is
kept, on, complaint within twenty days
thereafter, shall be fined not more
than one hundred dollars or imprison-
ed in Jail not more than six months, or
both" NJ ssss-s... e-se ,gss 81 ~ ssss
| Section 1904 of the General Code
under which other business men
may be prosecuted is as follows:
"Whoever, being over fourteen
Years of age, engages In common labor
or opens or causes to be opened, a
building or place for the transaction
of business, or requires a person in
his employ or under his control to en-
gage in common labor on Sunday, on
complaint made within ten days there
after, shall be fined not less than fifty
dollars nor more than one hundred
dollars and imprisoned not less than
five days nor more than thirty days.
II Attorney General Hogan in giving
an opinion under these sections, quotes
Webster as defining the term business
1
that which occupies the time, atten-
tion or labor of one, as his principal
concern, whether for longer or short
er time. Employment, occupation or
employment for a livelihood or gain
as agriculture, trade, mechanical, ari
or profession" Mr.. Hogan held thai
the operation of moving picture
show is an employment or occupation
Ill II nd 1hJ11H d G
place of business. It follows then
that according to the letter OF Sec
ton 1904 and the spirit of the At
torney Generals opinion all places
that are open for business Of any kino
where the purpose is financial gan
would come under the head of viola.
tors of this section. We believe thai
works of necessity such as serving
meals dispensing drugs and fillins
physicians prescriptions are exempt
But the Sunday cigar selling, pa
pers, ice cream, soda water, candies
flowers and etc. etc all come undel
the ban. NxFS :.
This week the appellate court il
Cleveland handed down decision
against a Cleveland baker, arrested II
August, 1918, for selling bread OF
Sunday, holding in spite of the pro
tests of housewives and bakers, tha
bread is not a necessity.
How much Of this present prosecu
ton is based upon the real desire t.
raise the moral standard of the com
munity and minister to the general wei
fare we cannot say. There is al
ways the possibility that intolerance
and a disposition to make trouble TO
those holding opposite views ma.
tincture our motive without our be
ing conscious of it.
This seems certain. that law en-