Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1917-05-24
POLK COUNTY ATTORNEY TO
MAKE NO MORE ARRESTS uN
TIL HEARING ON APPEAL.
BASEsLL AND THEATERS
TO CONTINUE BUSINESS
Drua Stores and Similar Places Of
Business in Ces Moines Preparing to
Reopen Next Sunday-Judse Meyer
Declares Baseball and Theaters Are
Innocent Amusements.
ecfal 10 Times-Repub!!can.

Des Moines. May 24-Sunday base
ball and the operation Of moving pic
ture SHOWS on Sunday will he continued
in Des Moines. After Minicipa!
Court Judge Joseph Never ruled yes
terday that they do not come within
The scope Of the Sunday closing law,
and the managers were dismissed
County Attorney Ward Henry has an
nounced that there Will be no more
has been made by the supreme court.
Drug stores and similar places Of bust
ness accustomed to remain open on
SUNDAY will continue to do so. IL IS IN
derstooG.
Attorney General Havner refused 10
comment on the ruling OF Judge Meyer
further than 10 say:
The supreme court has already held
within three years that the operation
Of moving picture shows on Sunday IS
violation Of the Sunday closing law.
This ruling was made too on an agreed
statement Of facts where the pictures
shown on the screen were OF the life OF
Christ in the Holy Land. and also a
fllm showing the detrimental effects
II aiC5haI CT the huiIlaI; system. The
cuurt held that because labor was en-
ployed il was a violation. II is the
usual vocation of the man running the
CUISINES. r-h;-h IL forbidden"
Held to Be Innocent Amusements.
Judge Meyer. however, classed Sun
day baseball and Sunday moving pic
ture shows as innocent amusements
and said that the Labor connected with
putting them on was so incidental as
not 70 constitute violation of the
Sunday law
The opinion of the court is that sec
ton $3.50 was only intended to prohibit
sports and amusements specifically
mentioned therein" declared Judge
Meyer, Including those which are dis
turbing in their character and that in
nocent recreation, relaxation and en-
tertainment and all those activities that
have become a part OF our community
life as church services. entertainments
which require janitor. usher service,
musicians. etc, Chautauqua entertain
ments. band concerts. park amuse
ments. picture shows. and all other
innocent recreation and entertainment
with their necessary incidental labors.
10 not come with the provisions of the
statute"
In declaring Mayor Tom Fairweather
not guilty for permitting the Des
Ioines base ball team TO play on Sum
DAY Judge Meyer says;
"Rase ball can not be classed or
crmed labor within the ordinary mean
ag as used in the statutes It is not
probable that the intention Of the leg
stature or provisions OF the statute
we're intended 10 BE- so drastic as to
make unlawful that incidental labor
necessary TO the enjoyment and exer-
cise Of that which the law does not
prohibit
II is the opinion Of the court that
playing the game Of baseball with the
necessary incidental services required
IS not violation Of the statute
! Recreation Held Necessary.
! He declares that amusement and
| recreation are necessary to community
| life and continues.
Recreation, entertainment or amuse-
ment itself is innocent and proper TO
De played on Sunday and is not pro-
! hibited and Il follows as a matter Of
| course that all who wish 10 attend have
| q right 20 do so and whatever may be
| properly required for their admission,
| safety and comfort after once admit
ted may lawfully be furnished even tho
[ to supply those things may require la
| boz.
| But the court is not willing 10 rest
| It's decision alone on rhs definition Of
| the term labor. but desires to plant it.
| self upon the broad proposition that
| amusement. recreation, diversion. and
relaxation have come 10 he a necessary
| part Of OUT community ltfc. just as
much as many things and many activ-
tiles which are employed for comfort,
pleasure and convenience Of the peo-
pie; in fact we may 90 further and say
| thai innocent recreation and entertain
rnent available to all of the people of
| a city like Des MOines at least one
day during the week is even more i'm
portant to the peace and order of the
| community than the operation even OF
| street cars and railway trains''