The Birmingham age-herald., 1921-07-27
SUNDAY PICTURES
 MAY NEED RULING .OF SUPREME COURT
Question Again Brought Up at Commission Meeting. Church Use of Exhibi-
 tionS Point Involved

Expressing his difference from the written opinion of Fred c. Moore, city attorney, that Sunday movies, when a church held them, were legal, H. P Burruss, commits sioner of public improvements, de- clared yesterday afternoon that he would bring the matter up and dis cuss it at next Tuesdays meeting of the commission. Mir. Burruss said he felt the entire commission should be present at the meeting when the matter was discussed.
 Mir. Burruss declared he was not the fact that an opinion witch diff fered from the one rendered by MT More was given by M M. Ullman, i'm mediate predecessor of MT. Moore as city attorney MT. Burruss asserted his belief that the question was a serious one, and should be fully gone into.
 Mir. Burruss first asked that the matter be made special order for next Tuesdays session. After objec- tions from the other two commis- sioners present, MT. Hornady and Mir. Taylor he finally moved that the opinion be filed with the privilege given all members to bring the mat ter up for discussion at any time
 Divergent Opinions
 If lawyers are doubtful as to the legality of the Sunday movie. even for church purposes and with no ad- mission fee charged. then it is alto gether likely that judges may enter tain uncertain opinions" Mir. Burruss said What legal opinion might conclude and action by the Judiciary might be widely separate in thought"
 Suggestion Of test case being instituted Is made by Mir. Moore in his opinion, which covers four type written pages. Several court deci- s!ons in other states are quoted to substantiate his opinion that the ak hibition of a moving picture film for religious purposes is not violation of the law. Mir Moore stated further that he thought the initiative election held May 6, 1918. had no legal bear Ing on the matter in question. T am, therefore. of the opinion mat the exhibition Of moving pie ture show In Birmingham. as out nned In the statement of the facts in the case. is ,taI laws and ordinances of inc city of Birmingham" reads the opinion. Room for Doubt
 The question is not free from doubt, as is indicated by the differ ing opinion of my predecessor and a decision from the supreme court will r doubtless be necessary to determine | whether or not Section 1T62 of the city code prohibits the exhibition of moving pictures under the circum- stances outlined in inc above state mcnt of facts. For this reason 1t might be well to institute a test case
 against the parties involved in the
 exhibition of the pictures on the oc- casion mentioned
 "Of course, the ordinary moving | picture given for amusement or en- I tertainment on Sunday. and for which i admission is charged. Is clearly in violation Of the law
 The opinion was prepared by Mr. Moore as the result of motion
 made by Commissioner Burruss at 1 last Tuesdays session of the comms- l sion, The situation arose through l the showing of "The Inside of the Cup" moving picture. at the serv 1 ices of the First Universalist church, l which uses the Galax theatre as a church. No admission was charged, voluntary contributions being so- 1 licited by the passing of basket. 1 No person received any compensa- ton for services rendered in connec- 1 ton with the exhibition of the nov | ing picture.
 | The section of the city code which prohibits moving pictures and around. which MT. Moore's opinion is built. IS No. 1762, reading as follows:
 "Section 1762. Engaging in sport i Any person who engages in any sport, l game public exercise, or exhibition on Sunday. must, on conviction, pc punished as provided in Section l2lo l of the code of Alabama