The Birmingham age-herald., 1923-10-09
TRY. FOR SOLUTION IF BLUE LAWS.
 City, Code Provision Now Considered Optional 0rigi- nalIy Adopted To Protect City Fine Fund
 COMMISSION IS SURPRISED AT QUICK TURN OF EVENTS Country Club Board Of Gov ernors COnfers With City Board And Question Is Re- ferred To Attorneys

Solution of the blue law problem was passed to City Attorney W. J. Wynn and Attorney F. H. Cabaniss Monday afternoon after conference between the city commissioners and the board of governors of the Goun- try club. The joint committee" Is to make its report when ready and the commission will take the subject under advisement.
 At o'clock Monday afternoon the commission held special meeting with the clubs board of governors, or many of them, in executive ses- sion. The eommi ssions were in favor of holding an open meeting, express ing themselves to that effect. but their visitors asked that the meeting be of a private nature.
 It was the first reflex action of an official nature taken by any organi- zation in the city In regard to the clamping on of the Hid" Sunday, which action was taken by Commis- sioner W. B. Cloe otIthe department of public safety when certain viola tions of the laws were brought to his attention and he was requested to act Before taking his drastic step the commissioner passed the subject to the city attorney, who notified him the law was being violated. MT. Cloe then issued his orders to see. that the law is enforced.
 Hinges On Code Section.
 AS stated in The Age Herald Sun day morning, regarding sports, the law on which the whole blue proposi- ton hinges is section 1762 of the city code:
 Any person who engages in any sport. game, public exercise or eXhi- bition. on Sunday must, on conviction, be punished as provided in section 1216 of the code of Alabama"
 It Is authorltatively said the re- peal of this section will relieve the strained situation.
 Blue laws of all varieties came about for Birmingham inadvertantly, it was explained Monday morning by those in a position to know. The city was losing a great revenue some years ago because the recorder had no choice but to try many eases un- der state law, automatically sending all such fines to the county instead of the city treasury. To recover and keep these fines the city passed what Is known as the blanket ordinance" by which the city adopted state laws as municipal, establishing the re- corder in all cases as city judge and directing to the city treasury all fines from the recorderst courts.
 O O O
 Gives City Option.
 This. 1t Is explained, does not i'm ply that the city must enforce state laws primarily, but gives 1t the right to enforce them in cases which the city deems the state law a good thing for Birmingham. So far, the law pro- vided in the blanket ordinance has been interpreted as It's name applies and Is all-embracing, but it is claimed it does not have to be that way.
 The gist of the blanket ordinance, section 1716, under which the blue laws were called Into use. and which, 1t Is said, it Is optional by city authorities to enforce or not. Is, in effect, as follows:
 All acts of ommissions which con- stitute misdemeanors Under the state law gre declared to be In violation of the city ordinances.
 This ordinance, 1t is said, the city has no idea of repeating, for under 1t the city gets much revenue. but 1t is optional, according to the authori-
 (Coutiuued On PaRe TyOO