Show I I Sunday Closing Meets eels 0 Opposition The Ohio supreme court on February T I cry ary 13 decided to hear upon its merits a case Involving whether a motion picture exhibition Is a theatrical perI per per- I The case ease to be heard is the tho appeal of Walter alter K Richards Findlay 0 O. I theatre own owner ncr r who was convicted on ona a a. charge of exhibiting motion pictures pictures pic plc- I tures on Sunday during the tho Sunday Sunda closing battle which was waged several several several sev sev- eral months ago Several previous attempts by owners owners own own- ers era or exhibitors to have the Ohio I supreme court go into the merits of ot such cases s have failed th thA highest I tribunal merely merl sanctioning the lower I courts COUTts by refusing to review their acI ac ac- ac- ac tion Lower courts in Ohio have held I that motion pictures are theatrical performances and thus are prohibited I on Sundays by state law Richards' Richards appeal however howe raises a s somewhat different questions that I previously has been presented In that It seeks to establish that all motion pictures are not theatrical perform perform- ances Presented in this I manner I the case will wilt become a test case on which the eyes of all Ohio exhibItors exhibitors exhibitors are being turned and If a fa favorable favorable fa- fa decision Is handed down It will end a fight which has been wa waged ed In many man v Ohio cities for the past two or 01 three years and close a blue law which has been somewhat somewhat somewhat some some- what expensive to many exhibitors It was as cha charged ed In the complaint a against Richards that he had vIolated violated vio yb- the Sunday law against theatrical theatrical the pf performances by operating his picture house not designating that the pictures pIcture shown were In fact tact pictures pictures pic pie tures of theatrical performances Last w week k the mayor of Canton 0 O. notified all motion picture theatres that they must keep closed the followIng following following fol fol- fol- fol lowing Sunday and every Sunday thereafter This This' announcement came cameI cameon cameon on the heels of the arrest of eleven I exhibitors who operate the Canton movie houses accused of or operating contrary to law As Aa late as last Saturday Saturday Sat Sat- the exhibitors agreed to close on Sunday Sunda At the last minute however however how how- ever they decided to stay open And they are open again this Sunday and will continue to be open on Sundays until such time as the state supreme court has passed its Us verdict on the Richards case Th Tha Canton case was up for a hearIng hearing hear hear- ing February 16 6 6 before Judge Bowman Bow Bow- man Oscar Abt of Canton represented represented the exhibitors at the hearing He lIo asked for a continuation of the case until the Findlay case had been settled The Ministerial association op opposed a continuation excepting only If It the movies would remain closed until the next hearing Attorney Attorney Attorney At At- torney Abt pointed out to Judge Bowman Bowman Bowman Bow Bow- man that the exhibitor loses under such an arrangement would be tremendous tremendous tremendous tre tre- tre- tre i and cited precedents where the theatres were permitted to rUn rim I pending a d decision Abt prevailed I and Judge e Bowman granted the ex- ex a continuation of the case I with the privilege of keeping open I on Sunday further stating slating that he ho was not sure of the Intent of the su supreme su- su premo preme court and that he wanted to continue the case caso until he be got more information on the |