Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-02-12

appear as. the. laws OF this state.
NOW, one OF our sunday statutes
excerpts works of necessity and char
ity and it has been held that work!
OF necessity and charity maybe prop
erly SAID to cover everything whlci
is morally fit and proper under thu
PARTICULAR circumstances of the case
but am not informed, neither am
persuaded to infer that ST. Elmo
Lodge No. 4, Knights of Pythias, ha:
become and is an object of charity
hence that the concert would not nave
been therefore necessary and as sucl
within the exceptions of the statute
permitting seryile labor 10 be per
formed as matters of necessity OF
charity, if, however, st. Elmo Lodge
is in fact an object of charity, shall
a, any and all times, and to the bes,
OF my ability be ready and willing tc
contribute to its relief.
The facts in the case are as fol
lows: About 2:v0 O'Clock p. m, OF
thereafter, the police commissioner
Mr.. Kirk, called up the undersigned
by telephone at his residence and re
quested his opinion on whether or not
the auditorium could be legally open
ed that afternoon for the purposes OF
the CONCERT mot sacred concert
mind you) to be given by the Royal
Gwent Welsh Singers and that there.
upon and upon that question solely
the undersigned, l, as states attorney
OF this county, informed said Commits
sioner that, in my judgment and opin-
ion, it could not be done
After the PRONUNCIATION of this ad-
vice to the commissioner several indi-
viduals, members of the order, no
doubt, undertook 10 call and did call,
me over the telephone with reference
to the giving of so-called sacred con-
cert, but the order and advice having
been already given and the states
attorney having no jurisdiction over
the opening or closing OF the auditor
ium in question declined to modify
Or alter the advice to Mr.. Kirk before
given and when called up by Mr. Kirk
a second time, when it was stated by
him that the manager of the Gwent
Singers claimed.to have legal advice
from the states attorney to the effect
that the auditorium could be opened
for an alleged sacred concert and
asked if such advice had been given
by me, informed him, the commits
sioner, emphatically, that such was
not the case, which is the truth.
Tho CT cft Io:
county is not so dense as the writer
Of the article in question by order of
st. Elmo Lodge No. 4, Knights of
Pythias apparently seems to consider
him in the matter OF constituting a
sacred concert" as to constitute or
being equivalent to a theatrical per-
formance' within the meaning and in
tention of the law, but is perfectly
capable of distinguishing between the
one and the other without the gentle
mans aid, nor is the states attorney
that it is not for him to
and interpret the law, and
he is we'll aware of the fact that such
and Interpretation solely
belongs and appertains to the func-
tons OF the courts. In the absence Of
a construction by our courts of our
Sunday statutes, however, which per-
haps, and in due season may possibly
be to the effect that the opening of
theatre or play house on Sunday by
the owner thereof for religious or 9th
err quite, legitimate and orderly exer-
cises, under statute such as ours
the keeping open of any
theatre, etc, should not be construed
as precluding the opening thereof for
such aforementioned purposes; but
having neither the authority nor the
power to arrogate to myself to anti.
cipate or predicate such a possible
of the law by the court,
or the placing OF such a construction
thereon in advance of an expression
to that effect by our courts, and until
that is done ! shall continue to ad-
here to the stand ny me taken, St.
Elmo Lodge to the contrary notwith-
do not know and do not care what
may or may not be done in Fargo,
Valley City, Grand Forks, Minot and
other places in this state, but ven
ture to predict that in none of the
places in this state mentioned, play
houses such as the auditorium are
opened on the Sabbath for concerts
OF a program of favOrite songs, or
program of favOrite and popular num-
bers such as the announcements fore
going mentioned appears in the Bis.
marck Daily Tribune. Who is respon-
sible for it, neither know nor care.
It is the only one of which had, or
have, any knowledge or which has
come under my observation. If st.
Elmo Lodge, No. 4, Knights of Pythias
by force Of circumstances thereafter
saw fit TO propose changing it's inten-
tons by converting the original pro.
gram into one of sacred character,
such feature was an ex post factO ar
and while the gentlemen
claimed that it would have been well
to give them the benefit Of the doubt
and allowed them to proceed with the
concert and thereafter abide by the
results and thereupon take appro-
pirate action for the punishment of
the offenders, | say that unqualified
ly believe in the doctrine of proven
ton rather than a prosecution with
view to punishment and shall con-
time so to do while serving the coun-
ty In my present capacity.
If the states attorney of Burleigh
county has at any time been remis in