Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-03-31
Blue law VICTIM
JAILED FOR FINE
Glen Echo Man Refuses to
Pay $5-MuSt Serve
FiVe-Day Term.

| Special Dispatch to The Star.
ROCKVILLE, Md, March 3i.-Con-
scientious objection to Maryland's blue
law. now the subject of a legislative
fight at Annapolis, sent Charles w.
/ Balenger Of Glen Echo to jail yesterday
afternoon because he refused to pay
IS fine for hammering nails in his
come forward to pay the fine, but Bal
enger has refused aid.
Balenger is Seventh Day Adventist,
a sect which observes the Sabbath
on Saturday. He was represented in
court by M. C. Taft, general counsel
Of the General Conference of Seventh
Day Adventists.
Complaint by NeighbOr.
His arrest came as result of q COM
plant by q neighbor. This Is the only
way the blue law Is enforced in Mont
gomery County, where occasionally
personal grudge finds satisfaction in a
complaint to police. The arresting Of
ficer, Joseph Oldfield, found Balenger
in his home. Asked II ne had been
working. he readily admitted driving
couple of nails in a window frame.
The name Of the complaint in the case
was not disclosed, either at that time
or in court.
Balenger was convicted by Police
Court Judge Charles w. woodward and
sentenced to pay SIS or serve five days
in Jail. Through his counsel, he noted
an appeal and yesterday Judge Robert
B. Peter, in Circuit Court, ruled that
his court had no Jurisdiction in the
matter, since fines Of less than $40 may
not be appealed.
Law Must BE Enforced.
In making his ruling, Judge Peter
stated that the Maryland Court Of APP
peals has held the law prohibiting
working on Sunday to be constitutional
and that it is the duty of the police to
enforce it until repealed by the Legis-
lature.
A bill permitting the mayor and
council Of Baltimore and the commits
sionerS of the various counties to de-
termine what Sunday amusements,
work and commercial enterprises are to
be permitted In their respective juris-
dictions has passed the House Of Dele
gates and now is being considered by
the Senate Judicial Proceedings Com
mittee.
1t is generally conceded, however,
that the bill stands little chance OF
being enacted into law without amend
nents which would result in continue
ance Of the. old blue law in Mnntgom-
cry and Prince Georges Counties
Describing the blue law in court yes
terday, Mr.. Taft said that under 1t
man could not even put down q
carpet IN his own home"
Rather Go to Jail.
Balenger told the court that accord
ing to his religion the Sabbath does
not fall on Sunday and that he felt
no obligation to observe 1t on that day.
AS a protest against the law, he said,
he would 60 to jail rather than pay
his fine.
The bill making possible exemption
from the blue law has been introduced
in the House by Speaker Francis A.
Michel. It passed the House with
amendments exempting many counties,
including Montgomery and Prince
Georges, from its operation.
Reasons advanced by Montgomery
and Prince Georges Delegates for wish
ing the proposed law not to apply to
their counties was that 1t would create
political issue by making it neces-
sary for candidates for county COM
missioner to state whether they were
for or against the blue law.
Considerable protest arose in Prince
Georges and Senator Lansdale G.
SasScer tacitly has agreed to remove
Prince Georges from the operation Of
the multiplying amendment to Vie bill.
Glen Echo Opposed.
But one objection to exemption of
Montgomery from the operation Of the
bill has been received by Delegates and
Senator Robert G. Hilton. That has
come from the mayor and council Of
Glen Echo, who have taken a firm
stand against the blue law. For this
reason the Montgomery legislators have
not thought 1t necessary to afford their
county relief from the blue law at the
cost Of political discord.
Word has come from the Senate COM
mittee considering the Michel bill that
grave doubt has developed as to its
constitutionality. 1t Is pointed out that
it Is illegal to give legislative authority
to an administrative body such as
county commissioners.
With this in mind, substitute bills
have been introduced in the House
empowering only the mayor and coun-
Gil Of Baltimore to regulate Sunday
work and amusements. One Of these
bills has passed the House and Is be-
fore the Senate. It Is felt, generally,
that II any anti-blue law legislation Is
enacted at the present session, it will
be one Of the substitute bills affecting
only Baltimore, rather than the Michel
bill