In re Hull

Citations

• 18 Idaho 475
• 110 P. 256
• 1910 Ida. LEXIS 44

Syllabus

<p>Sunday Best Law — Public Amusements — Scenic Bailway.</p> <p>(Syllabus by the court.)</p> <p>1. Section 6825 of the Bev. Codes provides that “It shall be unlawful for any person or persons in this state to keep open on Sunday .... any theater, playhouse, danee-house, raeetraek, merry-go-round, circus or show, concert saloon, billiard or pool room, bowling-alley, variety hall, or any such place of publie amusement.”</p> <p>2. Seld, that in order to bring a publie amusement not specifically enumerated by the statute (sec. 6825, Bev. Codes), under the general language of “any such place of publie amusement,” the likeness or similarity must exist in something other than the mere fact that it is a “public amusement,” and must in a general way correspond to the amusements specified.</p> <p>3. What is designated as a “scenic railway,” being a railway constructed of rails and on whieh cars are run for the purposes only of amusement, where the track is elevated a considerable distance above the ground at the place of beginning and is built on an incline with intervening elevations, and the cars are propelled by the force of gravity, is not “such place of publie amusement” as a “merry-go-round,” and is not prohibited from being kept open on Sunday by the provisions of see. 6825 of the Bev. Codes.</p> <p>4. An amusement that is not per se unlawful or criminal and is not in itself immoral or dangerous or detrimental to the publie health will not be included within the provisions of the statute prohibiting certain specified public amusements and other like and similar amusements on Sunday, unless the same is forbidden by the statute either in direct terms or by clear implication.</p>