The Morning Tulsa daily world. [volume] (Tulsa, Okla.) 1919-1927, 1920-03-07

WORKERS MAY OBJECT


special % the world
tpNCA CITY. March Wh'th.
rr or not movie thDtt'r may "P'r
nto legally IN oklahoma ON ih'
Fabbuth ie question ihai hF N''h
aR.tatod iu many Towns ana ''I''"
uf the stats 10 develops. however
that thor. I4 really no law Hi5unel
uhu operation uulD.s DO Doc because or
certgin labor employed but th"r"
mas never been q court action io d'-
tst1uinc whether or not oven mat
provitdon would mako "a movi" mo.
aisr Illegal ON Sundnya
The question has been agitht'd ln
tlhs city. recently, To HO1uc cN'cn1
snd IN order TO ASCERTAIN Juat Wh"l
the law might bc on the ~ihl'ct
"a ls,ttnr WAS sent 10 g y. Freeing
attnrncy general Of DkE.huoun. by
ssccrctnry g. NJ. Atrchct Of the cham
bnr of commerce, rcqu"sting an
oplnion. Mr. Freezing nuFW"rod Nv
enclosing copies on several opinions
given during IA" past few years NV
adm OF that question. ana an "I
which will stand no doubt until thcre
NJ a court action To- determine the
matter
In an opinion. last Aprt, TO an in
auiry from puWn0c, the attorney
general wrote. II ain Of th"Upini"n
that tho running of u show atscf on
SUNDAY docs not violate the state
law with reference tO sabbath break
ing, unless M stated I'm the cu.
ylns,ed opinion Igvcn In juno, 1915.
sp an inquiry from Hooker, Okla)
tho mechanical operation OF the ma
chine would be construed as hcrVllo
1abor.'
Attorney General, f'rccltng cites
that the law Of this state On sabbath
hreak king is found at Page t5d, Scs-
siona Laws of oklahoma, 1913. and
Il provides aS follows.
"1ne following acts are Forbidden
TO ba done ON tho first day OF the
week. the doing OF any of which h
Sabbath breaking
first: Scrvile labor. except works
OF necessity or charity.
Second. Trades manufactures
and mechanical employment,
Third: An shooting, horse racing
and gaming.
FOURTH: All manner of public
selling. or offering or exposing for
sile publicly OF any commodities.
except that meats. bread ana fish
may be sold at any time before .
that FOOD and drink may be sold to
be eaten and drank upon the prem
ises where sold, and drugs. medi-
cires, milk. ice and surgical appli-
ance and burial supplies may he sold
at any time OF the day"
Basing His opinion TO the Hooker
party on the above statue, the attor-
ney general, says:
''Yoh viii observe there Is nothing
IN the law that specifically prohibits
fhe exhibition of moving pictures on
Sunday, unless IL is from labor con-
nected with II embraced within
either the first or second divisions
above. You will observe that servile
labor Is prohibited aud mechanical
employment, except work OF neces-
sity or charity. Each case OF course
must stand upon It's individual
merits, AZ TO the show itself. there
is no status OF this state prohibiting
it,
In addition to the two opinions,
quotcd above, from Attorney General
Freezing, there Ia also an opinion
given to an Athis party an October,
lel6, 10y Smith Matsson. arsseJtant
attorney general. wherein he dis
cusee the labor provisions OF the
Sabbath breaking statute. lie SAYS.
no phIlltulhi HipNEbhn bI Nl'
statute YOU desire construed IN that
Subdivision prohibiting trades,
manufactures and mechanical en-
ployment' You take the potJtion
that tho tern trades as herein en-
plOyed incl ses any kind of oCCu-
patton carried on for gain or pr0f-
81,
while tho term trades whom
nsed in its brot,,fcst sgnificanco
would include any employment OF
business engaged in for profit, We
doubt whether II In so used In this
statute. Tho fourth sub division OF
the statute would indicate that tn,
term rs not 10 employed. AZ here
used We do not think the term would
include the business OF merchan.
d1zing or cngag cInCnt IN the learned
professions, but It ~ employed IN it,
JnorV restrictive sense as an oocupa
ton requiring certain mcchanicn
skill such az that OF carpenter
printer. blacksmith. plumhor and TIA,
like While the term in its broadcs
sense might Include farming, We d,
mot believe 1t ~ sO used in thB
statute.
While tho business Of opcrahn.
a picture show may not be trade
within the meaning OF the term q.
Hoicln tllpioNtd We are not Snttl
ricntly informed IA Ia the ocvupi
tion OF operating one OF the picture
mac hines ~ as to definitely expires
an opinion AZ TO whether or not sue
occupation is a trade or 'mcShaui
cal employment within the mcauinI
Of IN. statute,
II VIII be- noted that In the cas-
II the city of New Orleans ys Rooir1
the supreme court OF Louisiana hcl
that photography was not "a mcchau
ical pursuit the term 'mCchhnica
being used TO Indicate that the huSl
nefs, calling or occupation In whic
resort IL had to tho use OF mavhincr
or appliance of power IN aid {
manual work IN some physical un
dertakiug in which the iutcrNcntio
or interaction of a superior mind
mot required.
"While photography itself may h