Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-02-11
THAT IHf PEOPLE 0F
BISMARCK MAY KNOW

Knights Of Pythias of St. Elmo Lodge
No. 4, We desire to explain to the cltl-
zens of Bismarck the unfortunate and
disgraceful occurrence last Sunday al
ternOon when the chief OF police was
ordered by City Commissioner Kirk
to prevent the Royal event Welsh
Singers from holding a sacred con-
cert in the city auditorium. Mr.. Kirk
acted upon the advice of Mr.. Berndt,
states attorney Of Burleigh county.
1t is admitted by every person who
is amendable to reason that more
disgraceful and arbitrary act has not
been perpetrated in the history of the
state. The action of Mr.. Kirk and
the states attorney was directly
prompted by the complaint of Mr..
Geo. Register and Mr.. A. j. Nathan.
1t makes us wonder whether a sud
den reversion has taken place and
whether we are living in the dark
ages or in an enlightened twentieth
century.
The members of st. Elmo Lodge de-
sire to be informed by Mr.. Berndt
what constitutional or statutory pro-
vision gives him the authority to vir-
tualy exercise the injunctiOnal power
of the district and supreme court?
Mr.. Berndt's action in this matter
was not confined to giving advice to
City Commissioner Kirk, for he
threatened to send the sheriff to the
auditorium to arrest every one pres
ent if the Welsh Singers attempted to
give their concert, knowing full we'll
that such intimidation would be just
as effective as the use of force.
Section 1921 Of the Compiled Laws
of 1913, the Statute under which Mr..
Berndt pretended to act, is brief
one. 1t reads as follows: ut shall
be unlawful to keep open, or run or
permit to be running any theater.
show, moving picture show or theatri-
cal performance upon the first day OF
the week commonly called the Sab
bath. Any person, firm or corpora
ton violating the provisions of this
act shall upon conviction thereof be
deemed guilty of misdemeanor and
shall be punished by fine of not less
than twenty-five dollars nor more
than fifty dollars
Now number of attorneys whose
professional reputation is certainly
not inferior to that Of the states at
torney, nor even to that of Geo. Regis
ter, seriously question the applicable
ity Of the statute to an entertainment
Of the character which was to have
been given last Sunday afternoon.
But if a sacred concert constitutes a
theatrical performance within the
meaning and intention of the law,
why did not Mr.. Berndt and City Com
missioner Kirk give us the benefit Of
a doubt and allow the concert to be
held? If Messrs. Register and Nath-
an, had then made complaint to the
states attorney that the law had been
violated, he could have arrested the
officers Of our lodge who arranged for
the concert If he could secure their
conviction by jury of representative
citizens of this county We would have
no reason to complain, and the honor
able states attorney and city police
commissioner would have been tri.
umphan:ly indicated. Instead of do.
ing that, Mr.. Berndt took upon him
self the judicial prerogative Of con-
STRUNG sacred concert" to be
theatrical performance within the in
hibition of the law, and by means of
advice" succeeded in persuading
city official to place the chief of police
at the entrance of the auditorium to
prevent the citizens of Bismarck
from entering the building which they
are paying for. We are informed that
concerts and lectures are frequently
held on Sunday afternoons in Fargo,
Grand Forks, Minot and Valley City,
and that they are supported by the
leading citizens of those communities.
And we venture to suggest that the
people of these cities are law-abiding
citizens and upright Christians. 1t
would indeed be twentieth century
wonder if the compliments have sue
ceeded in obtaining monopoly of
virtue. We further venture to sug
gest that the public officials of the
cities named have at least the same
for interpreting the law as
Mr. Berndt and Mr.. Kirk, and we
have yet to learn Of their interference
with such entertainments.
When it was objected last Sunday
afternoon that paid concert would
constitute a violation of the law, the
officers of the lodge offered to give a
free concert in the auditorium in the
evening, but they were advised by
Mr.. Berndt that even a free concert
would be illegal. We challenge Mr..
Berndt to make an official denial of
this statement. And Mr.. Battey was
as to whether we could
rent the auditorium for free con-
cert, and after evidently comforting
with Mr.. Berndt, his answer was
mol" @ g te
Instead of informing us at least six
hours in advance so that sufficient
time could be had to cancel the en-
gagement with. the singers and to
notify the people, the said officials
waited until the time for the concert
to begin had arrived 7-,s'.s.rs.s.ss.s.s..
Messrs. Berndt and Kirk may offer
the f1imsy excuse that complaint was