The Birmingham age-herald., 1920-08-25
COMMISSION WOULD' MAKE NO CHANGES FOR SUNDAY LAWS.
 
Need Too Great a Police Force, Majority Believes, to Try to Close Up Ev-
 erything In the Town

Birmingham will have no
 sweeping Sunday closing law.
 By 4 to 1 vote the City Com
 mission at the meeting yester-
 day defeated an ordinance of- fered by Commissioner H. P.
 Burruss to close every form of
 business on Sunday except drug stores. The vote came after a
 long discussion.
 Immediately following the defeat of his first ordinance, Commissioner Burruss of fered a second ordinance to permit the sale of tires on Sunday. It was defeated by the same vote
 As a result of tho action by the com mission, Birminghaci's regulations in re- gard to Sunday observance remain exact ly the same. Cigar stores, pootblack stands and news stands, until noon, may remain open. The sale of oil. gas, water, ar and wrecker service is lawful. but Sunday tire service is disaliowed.
 Several hours were taken up by Com missioner Burruss and others in a discus son of the ordinance proposing to close every form of business on Sunday except drug stores Commissioner Burruss of- fered many arguments foN the ordinance. He stated that the city coNd not n,ake lawful what the state has n\de uniaw- ful He refuted the argument that the state law, which only allows druN stores to remain open, is relic Of an antiquated period
 STORES OPEN MT Burruss described his visit over the city Sunday in which he found many job ping houses doing, business on one street in violation of the present ordinance. He vigorously asserted that he was not a blue law man The religious and moral sides of the question were outlined
 J. B. Ivy, an attorney, appeared before the commission and spoke against the proposed ordinance. He gave as his opin-
 ion that if the ordinance passed neither milk nor ice could De obtained on sun day.
 Dr. N. A. Barrett president of the com mission. stated that he agreed with Mir. Burruss in many respects. However he said that the state law was passed for the benefit of many kinds and sizes of towns. and that a main purpose of mu- nicipal government is to meet local COnultlOnS.
 The state does not say. according to Dr. Barrett, that the city shall not pass an ordinance dealing with local conditions. That is left to the discretion of the city. He thought that If the ordinance was passed the definition of a drug store would cause much trouble. Any store might em- ploy a registered pharmacist and put in stock of drugs, no matter how small.
 NEED TOO MANY 'If this ordinance were to pass" said Dr. Barrett. we would not have enough policemen in Birmingham to enforce it, even with the help of the citizen police recently formed"
 After the comm 'ssion defeated thevor- dinance, Commissioner Burruss arose and stated that Birmingham had declared herself to be sovereign over the state, and that the city now had a defacto gov ernment instead of a de jure government. He then introduced the substitute ordi- nance to allow Sunday tire service David J. Davis. attorney TOT the Eighty one Tire Company, addressed the com mission in favor of. th- ordinance. He held that tire service is even more needed than the sale of gas and oil. The sub stitute ordinance was discussed back and forth by the commissioners. When the vote was taken Commissioner Burruss was the only one to answeR yea. As a re- suit, both ordinances diedN by to l vote.