The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1920-03-19
TO CLOSE
MOVIES ON SUNDAY
Churches if City Request
District Attorney to
Take Action

Protestant churches % ne citN hnNH
united Id q moveHthi 20 close uac mo
tim picture housca IN SUNDAY. ~ W.
revealed In the report of the crane
fay NhicA vas nafdc public yesier-
ministers toauy said ihe action waa
moi through TIE Ministerial Alliance.
bud inhi the boards n thc protestant
church had each taken action ana
sea q letter 20 the district attorney
raauttlrk that ht proceed % close
Inc mtxlfs on Snnsihy q an opin-
len ubich q va believed he a inc
authority 90 proceed
The district attorney accins 90 have
passed the communications alonE %
ihr grand jury which reported that
there socula 20 be an e~rrofeonH heiiet
..lat there y n statute specially rcuuif-
INK the ciosinE Of motion picture
shows on sunday. We are informed
fuAl there a. he such statute ans thai
the only law applicable a. thp 'Anu-tn
Observance law, which has been on
me statnte books since isss. TINS
IL not n sunday closing law but pro-
hihlts certain public asscmhlaEcs on
the first Cay OF the week commonly
called sunday. and prohibits labor on
suniay except IN wurks Of necessity
mercy and charity. Ia View or INC
Interpretation given this statute ns
] InN AANNNNNN AWMN" 70 NH
are very doubtful of is Applicability
IN connection with the movies
The CHURCHES here based their re-
uursi to the district attorney upon an
npinion % The attorney general M q
case brought up at Iularosa. Inv
oulnion, rendered June 20. 1917 sAiQl
I'll am Ia receipt Of your letter %
me l2th inst. IN which you ask nd'
vice a. 10 whether OF not there =
any law In this state prohibiting th'
operation OF motion pictures on sun
lin repiy. win say that section 1853
code lqiE. reads as fuliuNs-
ANY perron or persons Who p q
De- found on the FIRST day % D week
called sunday. engaged In n spnFt
nr la horse racing, cock tEhlhEi '|
la any other manner disturbing an
uershfpphF 1sse1ntlt or rrtvate tam.
isl. or attending auF public meet 81
uuntt exhibition. txroiuinE Tor reliHl
Gus worship. OF instruction, or ENGAGE
Ia ans labor. except works or nee'e
sip charity ur mcrcy mall DE puh
lIshcd by "a fine of moi ~cNceedlis ~
nor Ices than five dollars or mlpfls
oumsnt la the count jail. nt not NOR
than i5 days Nor less than i've day
Ia the discretion u the our upgl
.lconvictiuu bcfore any district court
.hir question was before thc su
preme court u this state in me cH
of tae Territory vs.. D%avenrurt ~ y
a.. gig. lga Pas. ss5. in which ~.
%gnurt construed the section quoted n'
me. la that case. % was held un.
ofcasine 10 the sport Of playing ha-e
HAN Eid not constitute a violation %
me statute. The court based is d'
risIon unon ihe theory thar rccrcatin'
or amalscmpnt Is not TRANSFORMED INV
labor because the persons tnhuiEinI
lin the recreation OF 9~muscnient g.
ce.ye pay fof -o doing. I think .
ever. that this casr mas Dog di-lfii
euished from one ln which INC pne
zion involved Is tho operation OF
ricture show. The show is unHue'
Ionably a place Qt amuaeuicnl T
y. THOSE who patronize The fanic. On ui
other hand. IA person WAC operate
the same b. not iidulrins in inc pas
time OF PLAYING baseball. as uoiut'
out by the court in the phvcnpui
case. In MY opinion "a person on
cvatinr a mction picture show on aN'
day daca not come within ti' tAe'i
ion pointed out in Ole paVcnurt cas-
ana il engaged Boz labor not d "'l
Oh Necessity. charity or mercy, sN
such act constitutes 90 violation OF on
Yours very truly
HARRY l. FAIINN
"AtforueV General