The Donaldsonville chief., 1917-08-11
MORE SUNDAY LAW RULINGS.
Assistant Attorney General Renders
Opinions on Mooted Points.

has given out for publication copies of
two opinions recently rendered by the
assistant attorney general on the sub
ject of the Sunday law, as follows:
New Orleans, La, Aug. 3, 1917.
Hon. George Seth Guion, District
Attorney, Napoleonville, La.
Dear Sir-On behalf of the attor-
ney general, / acknowledge receipt of
yours of the 31st ultimo wherein, in
substance, you ask for the opinion of
this office as to whether proprietors
of shops should be permitted to open
and dispose of their goods on Sunday
if they removed and did not expose
for sale, all goods, other than fruits
and vegetables
You invite our attention to the
fact that it is asserted that fruits and
vegetables may be sold on Sunday
under the provisions of Act No. 18 of
1886, wherein it is stated that the pro-
hibition in said act does not apply to
| private markets. That is to say, the
question raised is whether those who
conduct shops, or stands, where fruit
or vegetables are found, may be said
to conduct private market within
the meaning of Act 18 of 1886, where
in it is provided that private markets
may remain open on Sundays.
I'm section of the act referred to,
it is said, this act shall not apply to
. 3 public and private markets,
bakeries, dairies, i hotels, board
ing-houses.'
''It is, therefore, seen that, among
other things, it was not the intend
ment of the lawmakers to interfere
with the obtaining of food supplies on
Sunday within certain limits. That is
to say, the general trend of the law is
to permit the sale on Sunday of food
supplies at certain places, and the pro-
visions of the act should be construed
so as not to restrict the sale of such
supplies as might be reasonably in
cluded among those which are allow
ed to be sold at the places named.
''In Gossigi VS.. City of New Or
leans, Al Ann. STA, the court said
that the question in the case was as
to whether private markets for the
sale of fruit could lawfully be kept
within a radius of six squares from a
public market The city council Of
New Orleans was empowered by the
legislature to regulate private mar
kets. In pursuance of this authority,
the council undertook to regulate the
sale Of fruit. The court declared the
regulation of fruit stands was within
the authority granted by the legisla-
ture; thus, I think, bringing the sale
of fruit on Sunday at established
stands within the statutory meaning +,
of the kind of business allowed at
private markets. That is to say,
fruit is classified with fish, poultry, |
meats, vegetables and other perish
able objects, such as are necessary
for the daily support of the lnhabl-
tants. It is because the provisions IN |
the grocery stores do not, as a whole,
fall in this classification that grocery
stores are not permitted, under the
statute, to remain open on Sunday.
ssSee also As Ann. TOO, State VS.:
Sarradet.
s'It is my opinion, for the reasons
assigned, that fruits and vegetables
may be sold at established stands on
Sunday.
ssHowever, this opinion is not to be
so as to authorize fruit and
vegetable stands to sell on, Sunday
other provisions or edibles more gen
orally to be found in grocery stores.
ssYours very truly,
sHARRY GAMBLE,
Assistant Attorney General"
"New Orleans, La, Aug. 3, 1917.
'sHon. George Seth Guion, District
Attorney, Napoleonville, La.
Dear Sir:-On behalf of the at
torney general, beg to acknowledge
receipt of yours of the 31st ultimo, in
which you point out that section z OF
Act 18 of 1886 exempts from the pro-
visions of that act, keepers Of soda
fountains and you ask for the opln-
ion of this office as to whether thus
exemption would include establish
ments which deal exclusively IN SOFT
drinks, such as pop, coca cola, etc.,
but have no soda fountains.
II think that within the intendment
Of the statute establishments selling
The same products that are found at
soda fountains would be included IN
the exemption; it can hardly be sup
posed that it was the mere presence
Of soda fountain which was to de-
termine what was to be sold on Sun
day.
ssWhen the law proposes to exempt
keepers of soda fountains from the
provisions prohibiting the sale Of
things on Sunday, it obviously meant
to exempt from the provisions OF the1
act the sale of those things on Sun.
day which keepers of soda fountains
might sell.
"Yours very truly,
"HARRY GAMBLE,
ssistant Attorney General"
Dupas--Braud.