The Topeka state journal., 1906-05-22
COUNCIL IS CALLED.
VIII Take Action on the Wallace
Show.

The council viii convene this even
ing in special called session to con-
slider the passage of an ordinance pro-
hibiting the Wallace shows from
parading or exhibiting in Topeka on
Decoration day and further prohibiting
crcuses from parading or exhibiting on
that day in this city in the future. The
mayor issued an order to the city clerk
at 4 40 yesterday afternoon upon a Pc
titiOn asking for the special session and
signed by Councilmen Howe, Swendson
and Green.
''If there has been. one there has
been a dozen of old soldiers who have
come to me and expressed their Opin-
ion that the circus would not interfere
in any way with the Observance of the
day. said the mayor THE people
who observe the day will do so anyway
Notwithstanding that a show may be in
town, and you can't do anything to
force the people who won't observe to
observe 1t. They viii get out and play
ball or do anything else they may feel
like doing. I think we should not act
hastily in this matter"
Five members of the G. A. R., com
posing a committee which has had in
charge the agitation of a special ses-
sion Of the council, were closeted with
City Attorney F. G. Drenning this
morning. The discussion grew so ex-
cited that the transom and the door
leading into the private office of the
city attorney started to bulge. The
members of the committee, composed
of Peter Hell, A. A. Raub, J. NJ Du-
menil, B. B. Smythe and A. NJ. Russell,
endeavored to show the attorney
where he was wrong in taking the
stand that the circus could not be pro-
hibited from parading or exhibiting
The city attorney refused to give an
inch and the committee left ruff1ed-
The city attorney has dug up the
following decision of the supreme court
of Kansas which he viii use as a cita-
ton in the council in his recommenda-
tion against the passage Of an ordin-
ance. The city council of Wellington
on the 18th of August, 1887, passed an
ordinance prohibiting parades and pro-
viding that a permit must be secured
from the mayor, city clerk or marshal
before any parades could take place,
The decision of the supreme court de-
clared the ordinance Illegal and said
in part: 1T might be proper on ac-
count of the peculiar condition of af-
fairs in city that street parades
should be confined to certain streets,
or should be conducted within certain
hours of the day, or should be forbid
den in the night time, or that the pO-
lice department should have some pre-
viOus notice or that there should be
other reasonable regulations respecting
them, justified by such q condition that
it would be apparent that regulation
and not prohibition was the object of
the ordinance; because the power can
very essence of regulation is the exist
ence of something to be regulated
This man Wallace is an old soldier
himself said Councilman Simms. L
am told that back in his own town he
went down in his own pockets and paid
for the C. A. r. hall which the local
posts were wondering how they were
going to erect and where they would
get the money. This looks to me as if
the G. A. R. was kind of fighting its
own men. doesn't 1t 2''
The following call has been sent out
to the members of the G. A R. of the
city for their attendance on the coun-
ell meeting:
ATTENTION, VETERANS.
All veterans of the civil war are re-
quested to attend a called meeting Of
the city council at the council room on
Tuesday evening, May %, 1906 Busi-
ness of Importance will be considered.
P. H. CONEY.
Commander Dept. of Kansas G. A. r
GEO. A. HURON,
Commander Lincoln Post No @. A. R.
PETER HE'LL
A. A RAUB
J. NJ. DUMENII4,
3. =. SMYTHE,
A. M. RUSSELL,
Com r19itfoa