Show 1 c r Sunday day Picture Shows dhows Not i. i c illegal Judge Burton Say days Under a decision rendered Thursday by Judge Thomas Thomaa H H. Burton of the Fifth judicial I dia- dia cities cannot legally eri enact ct I ordinances prohibiting the exhibition exhibition tion of motion pictures on Sunday Judge Burton sitting In lri Salt Lake gave his decision sustaining a demurrer of defendant inthe In the case of the city of versus I Earl II n. Steel manager of the Venice Venice Ve Ve- nice theater The decision of ot Judge Burton is is ls regarded as s of of ot considerable mo moment mo- mo ment ment In the affairs of some of the smaller cities clUes and towns of ot the state where ordinances prohibiting picture shows on Sunday are said to prevail or are plated According to Judge Burtons Burton's de de- elsion the Nephi ordinance Is held to be unreasonable and discriminatory discriminatory I tory that It attempts to prohibit a picture show on Sunday while at the same time the state law the common law and public policy y yin In force torce In the state of Utah permits and condones the operation of plc picture pic- pic ture shows on Sunday He lie hel held t further that the city of Nephi had no no authority to ena enact t the e- e erdi ordinance ance and has no authority to enforce it because there Is no state law glIng gl givIng giving ing the city the right to do s so so One of the outstanding features of oft t Judge Burtons Burton's U Y decision is his opinion SI lon ion that while the 1 state t law gives I municipalities the power to license and regulate motion picture shows It has been repeatedly rep held that power to license and nd regulate does not include pOwer to prohibit Steel was arrested on Sunday October 31 at Nephi charged with witha a misdemeanor based on the city ordinance in question I |