The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1918-02-09

lawful TO operate Dl6I- dhS luONlllS pic
I ture shows on Sunday" and this ordi-
| mission signed by at least 1900 qualified
| electors of the city, in accordance with
| the provisions of said act. Ii the COM
mission thereupon refuses to adopt said
ordinance, it would be the duty of the
| commission to forthwith certify the Pc
| tition to the election commission, whose
| duty it would be to call a special cleo
| tion unless a general municipal election
| is fixed within 20 days thereafter, and
at such special election (no general cleo
ton being fixed by law during the pres
ent year., such ordinance should be sub
mtteo without alteration to the vote of
| the electors of the city. l am of the
opinion that this election must be called
| by the election commission within 80
| days after the papers are transmitted to
the election commission.
Should an ordinance be adopted clos
ing the moving picture shows and the
same should so into effect say. on May
| 10 go days after the adoption of the
ordnance l am of the opinion that
those desiring to submit the question to
|. a vote during that interval might
legally secure a petition to repeal the
ordinance. and upon the refusal of the
commission to repeal the same, an cleo
ton could be held, and it would not
be necessary to wait until the ordinance
becomes effective before submitting the
question to vote OF the people. In
legal contemplation, an ordinance be-
comes effective as soon as it is adopted
AMI published, and provisions postponing
the punitive provisions of the ordinance
do rot operate to divest the ordinance of
it's fierce as a legal enactment, In tue
event the proponents OF the closing ordi-
nance submit 1t without 4 petition signed
by 150c qualified electors. and the COM
mission should refuse to adopt the ordi-
nance unaccompanied by the petition,
then these proponents would have the
right to again present the same ordi-
nance with a petition signed by at least
1900 OF the qualified electors of the city,
and if the commission thereupon refuses
to adept the ordinance as presented and
withcat amendment. then 1t would be the
duty of the commission to transmit the
petition and the ordinance to the cleo
ton commission, who would thereupon
be required to call special election at
which such ordinance would be presented
to the people without amendment. Yours
very truly, M. NJ ULLMAN.
City Attorney.
THE WORM TURNS
1t, therefore, now appears that instead
of the pastors and laymen's committee
presenting an ordinance to close up the
picture shows, that the worm has turned
and the movie owners will have to take
the initiative and wage the fight for
their existence.
The following ordinance is the one
that has been prepared by the pastors
and laymen's committee for adoption
by the CITY commission:
AN ORDINANCE
n ftfrf ia ha ahpa
Sunday as day Of rest in the city of
Birmingham. Ala
Be it ordained by the board of commits
sioners OF the city of Birmingham, as
follows:
Section l. That any person wSo. on
Sunday, conducts or aids in conducting
a theatre, moving picture show, vaude-
vile or variety show, or any public ex-
hilition show. entertainment or perform
ance, for pecuniary profit or reward. or
to which an admission is charged or paid
for, shall. upon conviction, be punished
within the limits and as .provided by
section 692 of the city code of Birming-
ham.
Sec. q That all ordinances or parts Of
ordinances, Of the city of Birmingham in
conflict with the provisions OF section 1.
hereof shall be, and the same are, here
by repealed.
Sec. 8. That this ordinance shall take
effect upon the first day of April 1918
In view of the fact that this ordinance
as prepared by the pastorS and laymen's
committee was to become effective on
April | 1913, the operators OF motion
picture shows will be given that much
time to make the necessary preparations
for closing their shows on Sunday. in
view of existing contracts that they have
with film companies for Sunday service