The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-01-12
CRAWFORD WINS.
Says That 1t Goes Entirely Too
Far.
WHAT is DESIGNATION
Line Concerning the Observance
of Sabbath Uncertain.
Question About When the Day
Begins and Ends.

Begins and Ends.
Judge Hazen, in the district court, de-
cided this morning that the city ordi-
nance under which L NJ. Crawford was
arrested for allowing his theater to be
used for theatrical productions on Sun
day. is void A motion to quash, made
by the attorneys for Crawford, was sus-
tanned. The court held that as there is
no state law covering the point that the
city has no right to pass an ordinance
to prevent Mr.. Crawford from allowing
his theater to be used on Sundays.
There can be no appeal from Judge
Hazen's decision to the supreme court.
In part the decision is as follows
1.-THE defendants were arrested under
o city ordinance for allowing the theater
60 be used for theatrical purposes on
Sunday. They were convicted in the
police court and they appealed to this
court. A motion has been made by the
defendants to quash on the ground that
the ordinance is void If the ordinance
is void the defendants should be dis
charged. 1T Will be seen from the OTdl-
nance that 1t prohibits professional ex-
hibitiOus and entertainments for pay. I
take it that if amateurs gave an enter
Gainment it would not be a violation of
the ordinance and that q professional
company could give a performance free
q cannot see how the Dissertation of the
Sabbath would be different if it were
professionals or amateurs or whether
the entertainment were free and if it
were free the dissertation would be
greater as more people would attend
This question cannot be intelligently dis
cussed or decided without reference to
the state law. 1t seems from an ex-
animation of the general statutes of
Kansas that the legislature has pro-
hibited certain things on Sunday. The
state law does not refer directly to
Gheaters."
Continuing Judge Hazen said
"What these people are charged
with doing is not a violation of the
state law and the fact that the defend
ants allow the theater to be used for
theatricals is not criminal
THE question is Is the city author
ized to pass such law2 The attorneys
for the city claim that right from the
city charter, which provides against the
dissertation of the Sabbath. Express
authority is given to pass laws govern
ing the desecratOn Of the Sabbath 1t
clause is applicable. Now the question
for the court to decide is what rule shall
be followed in making this decision. If
the court has doubt as to the legality
of a state law the law must be sus-
tanned, but in questions of ordinances a
doubt must be resolved against the or
dinance. The court must sustain the
power only when it is clearly expressed
nance directed at the Salvation Army
to prevent people from marching and
carrying banners. The supreme court
held the ordinance void, and that it was
not in the power Of the city to pass
such an ordinance. The power to pass
such an ordinance must be granted by
the legislature If in this case at bar
ene court has fair and reasonable
doubt as to the power OF the city to
pass such an ordinance. that doubt must
resolve against the city
sunday laws have been generally
held valid. The next point argued by
the defendant is that Sunday begins al
sunrise and ends at sunset. There are
authorities to sustain this. Does Sun
day begin at midnight Saturday and END
at midnight Sunday, or from sunrise to
sunset3 The Connecticut court has held
mat an act committed at 8 o'clock sun
Gay night Is not in violation Of the Sun
day laws. They held that Sunday was
the artificial or solar day from sunrise to
sunset The court will not follow this
The ancients differed. The Chaldeans'
Sunday began at sunup The Chinese
Gay begins at midnight and lasts till
midnight The modern authorities are
10 the effect that Sunday must be conf
puted the same as other DAYS This
point Of the defendants is not we'll taken
suppose that CrawfOrds were Seventh
first day of the week as sunday then
should they not allow their theater to be
rented2 Others are allowed to work on
Sunday when they observe some other
II am not reaching the question of a
theater actor, but referring to the man
VINO allows his property to be used. If
-Aant2 ie cOllselentlousIy observes the
seventh day of the week he is deprived of
me use or his property on the first day
Of the week.
The next question of Importance is
Nfhether the statute relative TO labor can
be considered. The law Of the state is
that a contract is valid when made on
sunday Out lnll contract made on Sun
DAY to be performed on Sunday is void
II the making of a contract is not labor
tnen the permission of Crawford to allow
theatrical company to use his theater
IS not labor The Ohio supreme court held
e was not within the power Of the legis-
iature TO prohibit baseball playing on Sun
Gay 40 not agree with this.
we have this condition: Our state
has prescribed a policy The legislature
mas made 1t criminal to do certain things
on sunday 1t is not in the power of the
city to 60 beyond where the state has
gone. In this case the city is attempting
TO so beyond what the state has done
mean that when the state has passed upon
a subject and then delegater certain pow
srs to the city then the city can not 90
beyond When the state has indicated a
policy the city must keep within the limit
TO which the state has gone. The prohfb-
ttory law is indicative of the policy Of the
state. The city can 60 no further and pro-
Alpit the sale OF liquor for scientific pur-
poses within the city
With these views held by the court the
@rQlnance - void 1t seems reasonable
that there must be a limit to the desecra-
ton OF the Sabbath. Different peOple have
different ideas as to the Dissertation of the
Sabbath. Years ago the people would have
said the Salvation Army had no right to
march on Sunday. but the courts have
helu that they nave the right Playing a
game OF checkers would be desecratiOn in
the eyes Of some people and perfectly
proper in the eyes OF others. There should
be some limit and the limit to which the
state has gone should be the limit Of
the city"