The Topeka state journal., 1906-05-23

just before the amendment was put TO
q vote Because / don't think 1t would
be fair to the circus which Is going to
come here to raise the license just be-
fore they do come
Il don't, think that this circus has
any rights whatever" thundered out
J. W. F. Hughes in a voice which made
the fresco on the ceiling threaten to
crack. They have defled this city and
billed the town in the face of the reso-
luton of the council instructing the
city clerk to refuse them a license. Put
the screws to them"
The amendment was put and carried
unanimously.
7 would like to hear from the city
attorney now on the legal phases of this
proposed amendment to the ordinance =
said Councilman Howe.
A massive batch of law books was
toted into the council chamber by the
city attorney and his assistant.
1T has been stated to me, said F.
G. Drenning, city attorney, as he pre-
pared. to cite a number of cases. that
the power to regulate was the same as
the power to prohibit but that Is not
the law. All the power that this city
council. has got is to regulate. You have
no right at all to prohibit.
Il am not against you of the G. A. r..
There are many occasions when people
come up to the city attorney believing
they will receive a favorable opinion
and when I would like TO give it to
them. But I can't do it. I am working
in the interests of the city and I don't
want to have damage suit OF $1,000 or
$4,000 piled up against the city though
would like to render an opinion for
you if it was possible"
The city attorney read some extracts
tending to show that the city could not
prohibit but simply regulate and that
a legal holiday was different than a
Sunday and that its only status was one
Of commerce He cited the Wellington
case.
The city attorneys law or something
is not good. There is something wrong
in it. suppose that the city attorney
would say a license of $1,000 would be
prohibition and couldn't be collected, :"
said Councilman Hughes.
What would you do about it?'' duer-
led Hughes. would that be prohibi-
ton ?''
I guess it would go to the courts. -
DO you mean to tell me that we
couldn't collect a $4,000 license That q
Snowman wouldn't be amenable to the
same law that taxes the stock of a
merchant" insisted Hughes.
The courts would knock It out not
withstanding all your hot air" retorted
Drenning getting ruffled.
You certainly can regulate when you
specify a particular class. I think you
can regulate these circuses and keep
them from para01nS IN ln1S CITY On
Memorial day" said J. w Dumenil-
'All this talk about incurring a dam
age suit is nonsense" said Tom Coch-
rane. Just because the advance men
have pasted the town with cheap
smear to say that they have right.
A circus has no vested right. If the
money had been paid for license a
contract would have been entered into,
it would have been different"
David Overmyer held against the city
attorney. You certainly have the right
to regulate so that circus may not be
held on Memorial day. You have the
power to say when and how they may
show in this city. Your relation to the
show legally is just the same is if they
had not advertised. Advertising gives
them no rights. The manager of the
show should have been a great deal
more delicate in his feeling than to per-
NIT his show to show here on that day."
The two ordinances were then passed.
The one ordinance amends the existing
license ordinance prohibiting shows or
circuses from exhibiting or paradipg on
the goth of May, the second ordinance
nrovides FOR a penalty of from SO to
81, 900 for a violation of the first ordi-
nance