The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1921-04-04

Huron, April Saturday after
noon, Allen Goethal manager and
owner of the Lyric theatre in Huron,
was arrested on a warrant sworn to
BY Charles P Warren. states Attor-
ney Of Eeadle county, charging him
With conducting a moving picture
show and dramatic entertainment"
al his theatre. on Sunday. March 27
He was taken into custody by a
deputy sheriff and rushed before
Judge E. HI. Vance at Huron. The
entire action was pushed and Goeth-
ais was bound over without bond in
the custody of the sheriff to appear
for hearing.
Goethals Immediately hired three
attorneys to handle his case, who ap-
peared with him at the hearing Sat
urady night. A demurrer, a pleading
by the parties to an action which as
sumed the fundamental truth of an
allegation but makes the distinction
that it is insufficient to convict, was
filed by Cocktails attorneys This de-
murrer went before the county judge
of Beadle county and was sustained
by him. Consequently the action will
go direct to the supreme court of
South Dakota. Should the demurrer
again be sustained by that court, it
will mean that the blue laws" are
not sufficiently explicit or constitu-
tutional TO make prosecution legal
This is the hope of moving picture
"test case" which Attorney General
Payne said would be necessary before
actual statewide enforcement of the
indigo amendment could begin.
The warrant for Goethaps arrest,
went out under the direction of AS
sistant Attorney General E. H. Win
ans, who went from Pierre to Huron
Saturday morning for the purpose of
bringing action against some theatre
owner there. Why Huron was chosen
for the start of the promised test case
is not known.
Informed of the arrest of Goethals,
at his office at Pierre, Attorney Gen.
eral Payne expressed some surprise
that the action had been started by
his assistant, but refused positively
to make any comment regarding it.
A further surprise came when
States Attorney Harry Horner, of
Hughes county, assude a warning to
merchants, garages, theaters, filling
ctafiapS .opd all nthorc affaatad IN,
the Sunday law" at Pierre and the
other towns of that county to remain
closed Sunday. He stated EXPLICITLY
that he intended enforcing ito the
letter every Sunday law on the sta
tutes." 1t was stated that practically
all proprietors, especially of thea
tres, in Pierre, plan to comply,
rather than stand trial or force an
open break.
However, upon receipt of a circu-
lar letter from Attorney General
Payne, in which he declared Il am
not advising a general campaign
against Sunday movies, pending the
proposed test case," Horner declared
himself through with attempts to en-
force the blue laws in this county be-
cause of his inability to determine
just what Payne expects or plans
80 far as Hughes county is con-
cerned," he said, in a statement
there will be no law enforcement
campaign. Saturday afternoon, /
warned merchants, theatres, garages,
and other business places that they
must remain closed, as / expected to
enforce the law, and they now have
permission to remain as wide open as
they desires Prosecution Of these
laws will be treated exactly like any
other criminal case. Complaints
must be filed in my office and sworn
to by a complainant. who must also
have witnesses"