The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-09-02
THEY GIVE TT UP.
No Attempt Will Be Made to Enforce
Billiard Hall Ordinances.

Councilman VOLTS billiard hall ordi-
nance is doomed. 1t was decided this
morning at conference between City
Attorney Spencer and City License Col
lector Page to make no effort to enforce
the ordinance. but instead to advise the
city council to repeal the ordinance and
pass substitute In more legal form.
License Collector Page had just about
decided to arrest James Sheasiey, at
708 Kansas avenue, for failure to pay
the IS monthly table license, and make
test of the case. Sheasley and the
rest of the billiard hall men had COM
bined and hired C. C. Clemens to de-
fend them and all refused to pay the
license. Clemens notified the city offic-
ials TO go ahead and bring a test suit.
He further informed them that he
would shoot the ordinance full or holes
If he ever got it into court Evidently
the city officials believed that Clemens
knew what he was talking about. They
don't want a lawsuit about the legality
of the ordinance.
Mr.. VOLTS ordinance is faulty because
1T spreads around over too much yerrl-
tory. IT provides for a license fee of
s. month upon every billiard table in
must must be closed by IL p. m; pre-,
vides that screens in front of the tables
must be removed, and provides neavy
penalties for the violation of the Or
dinance. The law says that only one
subject must be discussed a time in
an ordinance-drag-n ordinances don [
go.
OF course there is likely to be some
opposition to the repeal of the or
dinance, even if it is invalid. Council
man Wolf said this morning:
Well should think they would go
ahead and test this ordinance before
they decide 1t to be illegal. l don't want
to see it repealed until it has been test
ed. If it is illegal. why didn't the city
attorney discover it before it was pass
ed? He looked it over and approved it
prior to its passage. want them TO
test the ordinance. 1t Is a good ordi-
nance. and even If 1t is tied up in court
for a year. the police can go ahead and
arrest these billiard nall people again
and again, and drive them out of bust
ness unless they comply with the law.
There's nothing to prevent continual
arrest
have decided that it would be better for
the council to repeal this ordnance and
pass a new one, or several new ones,
covering the ground which this one or
dinance attempts to cover. l intended
to go ahead and try to enforce this. but
l don't think 1t is any use. However, I
left that all to the city attorney am
willing to test the ordinance. l don't
think we could arrest man under TINS
ordinance more than once month, be-
cause it provides for a monthly conec-
ton of the license"
City Attorney Spencer said: Mr.. Wolf
brought me this ordinance late one al
ternoon, just before council meeting he
asked me to pass upon 1t. read II
through hastily, and recommended that
he strike out several very radical pro-
visions which would not hold in law. he
had one provision requiring bond
| from the proprietor of the billiard hall;
another prohibiting the drinking OF IL
quor in billiard halls. THESE l adVise1
him to strike out They passed the or
dinance with a SIS license instead of 81
license. and 1 never had an opportunity
| to examine it carefully, there seemed
to be such hurry for its passage
1t is likely that the billiard hall ordin-
ance will be repealed, and then repassed
in the form of two or more separate or
| dinanceS.