The Birmingham age-herald., 1918-05-18
Solicitor Tate Says Persons Arrested Were Living
 Within Spirit of Law
GRAND JURY TO MAKE AN INVESTIGATION
 OF DOUBLE ARRESTS
Custom Makes Law, States Solicitor, and Advises Per- sons Arrested to Appeal
 to Higher Court

to Higher Court
 Sunday blue" laws will not affect the sale of gasoline, drugs cigars, soft drinks and ice cream, newspapers and other articles which have for the past quarter of century been allowed to be sold, according to the interpretation of Joseph R. Tate of the Tenth judicial circuit of Alabama Custom makes laws stated MT. Tate, in formal statement issued yesterday.
 On motion of Solicitor Tate all cases of violation of the Sunday laws, who were arrested last Sunday by Sheriff T. J. Batson, and which came up in the municipal court before Judge H. B. Ab- ernethy yesterday morning, were dis charged with the disposition of groceries or other specially prohibited articles. EAST LAKE PARK The 14 cases against the management of East Lake park have been reset for hearing on Monday. It is understood
 
 trial and the law will be put to a test It is probable in the event of a convic- tion that an appeal will be taken to the circuit court and a trial by jury de- handed
 Solicitor Tate's statement follows: To the Public:
 Since there are so many accusations concerning the wholesale arrest of people on Sunday. May F, 1918, for the violation of the Sunday law. each faction contend i ing that some other faction was behind them. and the public desiring to know what would be the policy for the future, I feel it my duty to say:
 l It has been the custom for 25 years at least in the city of Birmingham 10 permit the keeping open of drug stores i for the purpose of selling drugs, medi- cines, cigars tobacco, chewing gum ice ! cream. soft drinks, reading matter, such l as periodicals, newspapers, etc.; to per- init the sale of cigars. tobacco, chewins gum candy and similar goods in small cigar stores; to permit the sale of fruit | exclusively in fruit stands, not connect ed with the sale of groceries, fresh meats hardware stationery, etc. to per nit the sale of gasoline on the Sabbath.
 CUSTOM MAKES LAW l While this custom has not been crys- talIized into a statutory law, and placed as an amendment to the law which has been on the statute books for 50 years, regulating Sunday violations, it should be conceded to be a part of it, since It IS well understood that custom makes law. | Therefore, I feel 1t my duty to 1 let the public know that persons i engaged in the cInss of business l or making sales of articles emu merated above, are living within the spirit of the law of the pres | ent day, and should not. md will 1 not, he arrested, tried and con 1 yicted, provided 1t is in my power I to prevent it; and I suggest that ] should arrests be made, appeal De
 taken to the circuit court from
 justice or inferior courts, or trial
 by jury demanded, in such justice 1 or inferior courts, which automat- | icaIly brings the matter to the l attention of the grand jury, who
 are from every walk of life, que l who are law-enforcing men from
 the body of the county.
 It hassneyer been the custom, either by law, or otherwise, to permit the sale of groceries. hardware, dry goods l green meats, or to keep open any store or other place for carrying or this class of business on the Sap bath, and any person who does so Vio- l lates the law, and should be arrested tried and convicted.
 For example. many. If not all. drug stores carry stocks of cutlery, razors stationery and such articles as are not included above, and arrests shoulc be made for all sales of such ar 1 ticles
 PROPER SOLUTION I believe this to be the proper so- | 1,,+i If ba and in reachln2 this conclusion I have had the as sistance of the present grand jury and very many business and thinking men of the city.
 do not believe the good people o1 this great and prosperous city, grow ing by leaps and bounds, its popula' tion being augmented from all part' of this and other countries. desire { condition to exist which would proven a father, toiling every day in office factory, furnace. mine or mill, oe prived of the society of his children or the young man similarly employed the first from taking his little SIT or boy by the hand and strolling t' some nearby place where a soft drink ice cream, chewing gum or candy couit be purchased for them, the latter de prived of the pleasure of taking m! mother or sister Cor some other Tel lows sister, to similar places for re treatments. or themselves cigar Ih' immense development industrially II this district must be accompanied bl some means of mental diversion; thef' must be some offerings of recreation from the toll and moil of the week Only recently has Sunday baseball bee. permitted in Washington city, ant for the identical reasons I am offering here to justify the position I talk in this matter.
 JOSEPH R. TATE,
 Solicitor Tenth Judicial Circuit.
 MOTION SUSTAINED
 Judge Abernethy's courtroom wa crowded yesterday morning when tn "Llue' Sunday cases were called Sheriff Batson and his attorney. Jame Burgin, were in attendance, an stated they were ready to submit evi dence to substantiate the charges . Following the call of the cases. Judg Ahernethy announced that he had sus tained motion filed by Solicitor Jo &1 <-. 4t- |