The Birmingham age-herald., 1923-10-07
.CLOE ORDERS BLUE LAW TO CURB ALL
 SUNDAY PLAYING
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(COntinued From Page one) forced without fear of or favor to any person or group and in that way only could 1t be learned whether or not Birmingham wanted blue laws.
 The police department has notified clubs and similar institutions thst they will be visited by groups from time to time on Sundays to see if the law is being complied with.
 Commissioner Cloe said he had no apologies to make, that the law is there to be enforced and that 1t would be enforced to the best of his ability. Enforcement was demanded and enforcement was to be had, he said.
 Roebuck Not In City.
 The Roebuck Country club, beyond the city limits, is immune, being be- yond police jurisdiction. However, 1t was said, Saturday, that certain groups In the city interested in blue laws will take up with the board of revenue and the sheriff the mat ter of Sunday violation in the county in an effort to have steps taken to make Jefferson county as free from violation of tic law as the city will be.
 Before passing the word for the drastic action taken, the opinion of the city legal department was asked. the particular case in question refer red to City Attorney W. J. Wyn, be- Ing the recent complaint against the Young Mems Heleew association. Mir. Wynn's reply to the police de- partment is as follows;
 September 25, 1923. Hon Fred McDuff, Chief of Police,
 Building.
 "In re Sunday pool playing at Y.
 Dear Sir: In reference to the above matter, I wish to report that 1 have carefully investigated this Ques- ton. There are several sections of the city code bearing somewhat on this subject. For instance, Section 929 of the city code makes it un- lawful to play dominoes for hire Tn public places, and Section 930 of the code prohibits the playing of doml- noes in pool rooms, but Section 931 makes 1t lawful to play dominoes in room where pool is played, provided 1t is in home of regularly organ ized club from which the public is excluded, These three sections indi- cate that. but for Section 931, doml- noes could not be played even in a residence or clubs4f there was a pool or billiard table operated there. Sec tion 921 requires every owner or keeper of a licensed billiard table or table of like kind to be closed on Sundays. but this section specifics 6 licensed table, which would not be applicable to the case in hand
 However, under the city's Sun day law as found in Section 1762 of the code, we find the following:
 "'Section 1762. Engaging in Sport. Any person who engages in any sport. game. public exercise or ex- hibition on Sunday, must on convic- tion be punished as provided in Sec tion 12l6 of the code of Alabama
 You will observe that this lan- guage is very broad, and applies to any sport or game on Sundays, not limiting it to any licensed tables. The further language of the statute prohibits a public exercise or exhi- bition, but the word public Is not used in connection with the first part, and does not apply to the words sport or game.
 "I am, therefore, of the opinion that the playing of. Sunday pool at the Young Mems Hebrew association on Sunday is unlawful under the provi- "sions of the last named section. Very truly yours,
 "w. J. WYNN. City Attorney. "wJw:EM
 tary Y. M. H. A., 1701 Sixth Ave-
 nue, North, City"