The Topeka state journal., 1906-05-23
A G. A. R. VICTORY
Circuses Can Not Show in Topeka
Decoration Day.
City Council Passes the Or
dinance Asked For.
MAKE A GOOD SHOWING
Members Of the Organization
Attend the Meeting.
Mr. Drenning Holds the City
Action Is Illegal.
A GOOD SHOWING


The G. A. r. scored victory over
the circuses last evening in a decided
fashion. The city council not only
passed an ordinance which will be in
strumental in keeping the wallace
shows from parading or exhibiting
within the city limits on Memorial day,
but all circuses in the future
The ordinance was adopted in a
hearty fashion by the votes of eight
for to one against. The city attorney
advised the council against the passage
of the ordinance on the grounds that
there would be liability of damage
suit brought against the city by the
shows which had already billed the
city.
Not content with this change in the
license ordinance the council further
raised the amount of the license to
practically double the amount which
has been charged during the past. In
addition to this the penalty for d viola
ton of the ordinance was raised from
$40 to $500 to $40 to $1,000.
Fifty of the members of the G. A r.
of the city and a long array of lead
ing members of the bar were present to
look after the rights of the G. A. r.
In addition to P. H. Coney, the depart
ment commander of the state of Kan
sas. there were Tom Cochrane of Cot
tonwood Falls, judge advocate of the
G. A r., David Overmyer, J. NJ. Du-
menil and D. C. Tillotson, all Of them
attorneys.
The veterans were very demonstra-
tive. They clapped their hands and
thumped the floor with their canes
when point in their favor was made.
At times the mayor was forced to rap
for order.
J. NJ. Dumenil contended that the city
had the right to prohibit circuses from
parading and exhibiting on Memorial
day and that because the license
money had not been paid over to the
city there was no danger that the city
would be involved in a suit for dam
ages. The city attorney stood alone
of the attorneys in his contention that
the city had the right to regulate but
that to regulate did not include the
power to prohibit the circus from ap-
pearing in the city on the 30th of May.
On the final question Of the passage
of the two ordinances Councilmen
Green. Howe, Nipps, Jordan, Mont
gomerv, Swendson, Holiday and
Hughes voted aye, forsaking the ad-
vice Of the citv's counsel. Councilman
Horn kept with the city attorney.
The second car which is billing
ahead of the wallace show arrived IN
the city today. This goes to show that
the circus mana CEMENT expect to pitch
their tents Notwithstanding the Whirl
which was given them in the council
last night The management can get
around breaking the ordinance by ex-
hibiting in the fair grounds which is
outside of the city limits. However, no
parade can be given in the city limits.
A license would have to be taken out
and the city clerk can not issue any
license on the Goth of May under the
action Of council.
Councilman Swendson started things
Of Ice MI
looked up the legal bearings of this
question" said he. "In order to bring
the question to a consideration I move
that the ordinance be taken up at
once"
Councilman Green seconded the mo-
ton The motion carried Though an
attempt was made to refer it to a COM
rnittee in the hopes OF staving off the
passage of the ordinance at once 1t
was OF SO weak a degree that it made
no effort. The declaration that an
emergency existed took and though
some of the councilmen may have be-
lieved differently they were afraid to
show it. The old soldier vote is always
an important factor when election
swings around.
The amendment to raise the amount
of the license was then made by Coun-
Gilman Holiday.
The license as It existed was 500 for
one ring circus, $3.50 for two ring
and 5000 for one of three rings. A
show.
The amendment proposed was: $3.50
for a one ring circus, $3.50 for one of
two rings and $500 for a three ring CIR
Gus.
Il do this" said Holiday. proposing
his amendment for the reason that
there is nothing which comes to To-
peka that takes so much money away
and leaves so little. I think that we
ought to get more from these big fel-
lows
Il am Of the opinion of Mr. Holli-
day." said Councilman Montgomery.
I'VE, ought to get more from these big
shows. They buy most of their sup
plies away in the other places from big
wholesale houses and scarcely anything
is bought aIeng the line. I second the
amendment
Councilman Green believed that the
council should content itself with one
proposition, simply amending the Ii
cense ordinance with regard to the Both
of May This is not what we were
brought here to consider this ordir-
ance with reference to Memorial Day.
Though this amendment may be all
right I think we should consider that
at another time. and merits of it gone
into thoroughly"
Il think If we had one circus a year
it would be better for the town" said
Councilman Nipps, who seemed to for
get that he used to be a small boy. IT
think that this is the time to make
an increase in the license"
Il think we should defer all action
on this license at this time said Horn,