The Birmingham age-herald., 1921-07-28
bURRUSS CONTENDS
 MOVIE COLLECTION IS INDIRECT METHOD
Thinks Moving Picture Given By Church Not Legal Under Existing
 Ordinance

service, H. r. BurruSs, commi sSi oner of public improvements. yesterday morning issued a lengthy statement on Sunday movies, analysing tte opinion of the city attorney Fred G. Moore, and outlining his views on toe subject
 When the law forbids the doing of thing directly, it is not legal to do that thing indirectly. MT. Burruss states. The taking up of collection or the acceptance of contribution is an indirect way of doing exactly the same thing as to charge a fee.
 MT. Burruss cites the case of a committee of labor people, who were refused a permit for Sunday nov ing picture show some time ago on the ground the commission had no power to grant a permit under the existing laws of the city. These peo- pie wished to give benefit perform ance for the unemployed. Mir. Bur russ declares that it is not right to discriminate between the Universal ist church and the committee Of working men.
 He says he is in favor of the ques- tion being tested in the courts. The authorities and the people of Bir- mingham are entitled to know whether picture show conducted or Sunday such as that conducted by the Cniversalist church in the Galax theatre is legal or illegal and not de- pendent on the inclination of any public official, he asserts.
 MT. Burruss' statement follows:
 T think the report of the city at torney, MT. Fred Moore, is a very careful. thoughtful and intelligent discussion of the moving picture question as to its legality on Sunday. I differ with the city attorney as 10 the conclusion he draws from the premises laid down.
 m Opposite Conclusion
 "The facts stated and the citation of law made by the city attorney leads me to conclusion just the op-' posite of the conclusion drawn by the city attorney. I think the logic of the cases cited by the attorney will lead to the conclusion under the facts surrounding the case in pulled off as the picture show was carried out in the Galax theatre under the auspices of the Univer- salist church is clearly illegal. When the law forbids the doing of a, thing directly, it is not legal to do that thing indirectly. MT. Moore seems to be very clear in his opinion that picture show carried on in Birmingham for entertainment and amusement with fee charged for the same is illegal. Now the taking up of collection or the ac- ceptance of a voluntary contribu- tion is an indirect way of getting money as a compensation for a pie ture show. Y
 Tt would be comparatively easy to make the calculation of about what the fees in a given case would amount to and those who wished the picture show could easily make con tribution so as to raise the same amount practically and accomplish the same purpose practically that IS secured by charging fee.
 "The taking up of a collection or the acceptance of a contribution is an indirect way of doing exactly the same thing as to charge fee. Now it is possible that church in the city of Birmingham might put up building, buy the machinery for picture show and carry it on each Sunday without any fee or charge whatsoever. But when they rent theatre and take up collection out
  gregation which amounts to the same thing as taking a fee out Of the pockets of that congregation or audience, it Is an indirect way or do- sing what the law prohibits from be- ing done directly.
 Labor Peoples Request
 Some time ago committee or .,abor people called upon the commis- sion and asked for permit to be granted to the picture show people under the auspices of the labor com mittee to have a picture show TOT several Sundays in succession In BIT mingham The money realized py these Sunday picture shows was-'o be given entirely or in large parl as contribution for relief to ehe unemployed and suffering people in the city of Birmingham.
 "The commission replied to this pe- tition unanimously that they could not grant this permit, that they had no powersto do so under the existing laws of the city. Now to re1use fhis permission to the committee Of working men and allow the univer- saliss church to have a picture show, is to permit picture show under one SC. of conditions and to decline to permit the picture show under another Sct ol CoHoitAohS, VI S-- in principle.
 "rhe opinion of. the city attorney admits that the ordinary moving pie ture given for amusement O. enter tainment on Sunday and for which admission is charged in clearly in violation of the law. Now I hold that the taking Up of collection or the acceptane of voluntary contri- button is a subterfuge by which a fee or charge is substantially accom- pl:shed. and in spirit and effect makes the whole performance clear violation of, the law.
 Institute Test Case
 "The city attorney sayssthe ques- tion is not free from doubt as is in- dicated by the opinion of my pre- decessor' and a decision from the supreme court would doubtless be necessary to determine whether or not section 1762 of the city code pro- hibits the exhibition of moving pie lures under the circumstances out lined in the above statement of facts. For this reason it might be we'll to institute test case against the par ties involved in the exhibition of the picture show on the occasion men, tioned.
 T am not now discussing the in-, trinsic merits or demerits of a pie ture show on Sunday by whoever shown am discussing the legality of Sunday bicture show under th@ status of the jaw in the city of Bir- minghamS at present.
 T think the question ought to be tested and the authorities and people of Birmingham are entitled to know whether picture show conducted on Sunday such as that conducted by the Universalist church in the Galax theatre Is legal or illegal and not de- pendent on the inclination of any pub lie official.
 .I think ft ;r tha d,,tv of tt.. r,,,rt