Custer weekly chronicle. [volume] (Custer City, S.D.) 1890-1931, 1921-05-28
SUNDAY PICTURES
Attorney General Makes Plain Provision Of
Statutes Regarding Exhibition Of
Pictures on Sunday.

There has been considerable doubt in
the minds of the public generally and
those interested regarding the law regu-
lating the exhibition Of moving pictures
on Sundays. To remove this doubt and
to make plain the law, Attorney Gen.
eral Payne last week issued statement
of which the following is a synopsis
The decision of the supreme court
makes it plain that moving pictures gen
orally are not prohibited on Sunday by
the statute, and that the only class Of
pictures effectively prohibited are pie
lures of the ballet, negro minstrely,
spsrring contests and trials of strength.
=. 1t is true the statute, Icy
IFS terms, also prohibits pictures Of com
edy, tragedy, opera and farce.
Maniiesty, tragedy, comedy, opera and
farce cover only small part OF the field
of modern drama. Those would not in
clude the melo-drama and the common
plays of the stage which present the
varied stories OF love, adventure and
human interest and activity. 1t is safe
to say that not one.tenth of the pictures
# dramatic performance shown are pic
lures Of the prohibited classes Of drama
1t is not apparent why the legislature
prohibited the one-tenth and permitted
the nine-tenths. In addition, the des-
ignation of classes prohibited is based
upon a classification so technical and in
definite that it would be impossible in
most cases for the picture operator him
self, judge, jury or prosecuting officer to
distinguish between those forbidden and
those permitted. A comedy or tragedy
could not be distinguished from other
forms of labelled ! conclude there
fore that the decision Of the Court means
that there is no effective statute against
pictures of any form of dramatic per
formance including tragedy, comedy,
opera, or farce; that the only classes Of
pictures effectively prohibited on Sun
day are pictures OF the ballet, negro
minstrels, sparring contests and trials Of
strength.
Other provisions cCtbe law have given
full power to towns ADD cities to regu-
late places of amusement, including pic
ture shows and under this authority
towns and cities may by ordinance regu-
late or entirely prohibit picture shows
on Sunday
"The decision of the Court did not re-
late to the statute which prohibits the
showing of moving pictures which teach
or suggest crime or immortality. The
enforcement Of that statute will continue
to be pressed by this Office.
THE statute relating to Sunday NOV
ing pictures also contains provisions re-
lating to Sunday base ball. By these
the playing of base ball on Sunday,
where an admission fee is charged or
anything of value accepted as condi-
ton of witnessing the game, is declared
illegal and punishable. This is Especial
law relating to base ball. Should it be
repealed by a vote of the people at the
referendum, Sunday base ball would
still be illegal by the general statute pro-
hibiting public sports on Sunday. 1t
will require further legislation, other
than favorable vote at the referendum,
to legaize Sunday base ball. The law
is clear. Base ball games on Sunday,
where an admission fee is charged are
forbidden, and those who conduct or
participate in such games violate the
law"