Attorney General Opinions and Advisory Letters

Decision Information

Citations - New Mexico Appellate Reports
State v. Hardwick - cited by 4 documents

Decision Content

Opinion No. 36-1463

November 6, 1936

BY: FRANK H. PATTON, Attorney General

TO: Mr. J. M. Jerpe PARADE OF PROGRESS Room 14-233, General Motors Bldg. Detroit, Michigan

{*32} Your letter of October 27th, 1936, addressed to the Governor's Secretary, has been referred to this office for answer. You wish to receive advice as to rulings and customs in regard to Sunday shows.

We have a law which appears as Section 35-4002, 1929 Compilation, prohibiting labor on Sunday and referring to public meetings, public exhibitions, etc. Certain exceptions are made to this act by Chapter 29, Laws of 1931.

The Supreme Court of New Mexico in the case of State vs. Hardwick, 35 N.M. 387, held that this act prohibiting labor on Sunday did not apply to moving picture shows.

In view of the decision above mentioned, it is my opinion that our present Sunday laws would not prohibit the holding of the outdoor scientific show which you mentioned in your letter.

As to the customs in this state, I will say that many types of shows are held on Sunday and I see nothing contrary to our customs in holding the kind of show which you mentioned.

By: QUINCY D. ADAMS,

Asst. Atty. Gen.

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.