The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-05-17
CITY TO TAKE IT.
Mayor Decides to Accept Wallace
Circus License.
Capt. COney, Department Com
mander q. A. r., Says No.
WANTS NO SHOW AT ALL
Won't Be Satisfied With Cutting
Out Parade.
Says Special Meeting of Council
Will Be Held.
NO SHOW AT ALL

F. G. Dreaming says the city cannot |
refuse to accept a license rendered by |
the show management and that the |
Wallace shows will exhibit here on
Memorial day.
Who is right, and who is going to
win out?
A representative of the Wallace
shows was in the city this morning
and called at the city hall. He had a |
conference with w. H. Davis, the
mayor and F. G. Dreaming, city at
torney. The upshot of that conference
was that the Wallace shows would be |
granted a license but that the Wallace
shows were not to give a parade.
The city council at its last session, |
Monday, instructed the city clerk not
to issue a license to the shows and |
took the position that no license would
be given.
Since that there have been a pie
thora of circus advance men endeav- |
oring to straighten out the tangle. An |
other will come from Chicago Friday, |
and in all some three have been in
the city during the week
Il am going to have a special ses-
sion of the council called right away"
said Captain COney, buckling on his
sword and getting out the parapher-
MALTA of war, when he learned of the
conference which had taken place.
DO you mean to tell me that the
mayor and city attorney are going to
go right against the action and in
struction of the council? I called up
six of the councilmen last night and
they assured me that no license would
be granted. We are against any ex-
hibit whatever on Memorial day-it's
a dissertation.
L am going to have the council call
ed together right away and have an or
dinance passed prohibiting them from
showing here"
Let him call the meeting" said the
mayor. I'VE will be glad to let him
have that privilege I will be in favor
of prohibiting circuses coming to To-
peka entirely, on the ground that II
takes away the money from people
who least best can afford it. If such
an ordinance is passed it would have
to become effective from May l, 1906.
am not in favor OF passing an or
dinance for this special show though
and I am sure that the majority of the
ccuncilmen feel the same way.
Yes. We had a talk with the repre-
sentative of the show said the city
attorney when the charge was put to
him. sfThe council was clearly off the
preserve when it passed that resolu-
ton Monday It had no right in doing
that whatever. There is not a line of
law to uphold that stand 1 don't care
what Captain Coney may say to the
contrary Captain Coney is all right
and means well but he is off, that
all. 1t don't make any difference
whether the council meets in 600 spec
iaI sessions and passes ordinances to
the contrary, the shows have right
to show This was exemDlified clear
" when there was some talk of trying
to close the Sunday theaterS here. The
attempt was given up because they
could have gone right ahead and open
ed up whether they had license or
not.
der and all that he has done but that
don't absolve me from stating what the
law is. The show won't give parade
but the small boy who wants to see
circus on the Goth will have a chance
to see it,
In the meantime who is going to
! take the money and issue the license
Being a two ring circus the Wallace
/ shows will have to pay 5000 in license
in addition to the SIS each for their
side attractions. The city clerk says
that he won't issue a license until the
/ council has given him other instruc-
tons. ]. H. Squires, city clerk, said:
! mo money has been offered me yet
I won't issue a license. The council
/ ordered me not to and I am under its
instructions. I am going to stand
pat"
"Oh. we'll. there will be some one
here to take the money. There won't
be any difficulty about that" said the
city attorney.
l. Captain NOneX mas dQQTESSCu lu6
| following letter to the mayor;
state House, Topeka Kan, May 16.
wv H. Davis, Mayor of City Of Topeka,
Kansas.
Concerning the powers of the city to
| regulate any ana all callings' you are
respectfully referred to subdivision of
section 722, general statute 1901 at page
1865. which includes circus among its
| specific enumeration. The power to reg
ulate has been well defined and is used
H. III.
| It lies fully within the power of the
| council to say whether or not they will
| permit the doing of that thing, either to
| grant or withhold It understand that
our ordinances provide in substance
that before a circus can show or exhibit
| they shall first pay for the privilege of
| so doing, and shall have license or
| permit so to do issued by the city
/ clerk and any violation of such ordi-
nance is made penal. In the absence of
any such license. a circus would become
| an offender and liable to arrest and
! punishment. A circus has no such vest
| ed right that 1t can compel the city to
do anything unless it choose so to do.
Any argument to the contrary simply
| admits that the statute is meaningless
| and the law powerless to prevent the
! forbidden thing, and permits all sorts
| Of violation coming from all quarters.
If the present ordinance is defective or
| not sufficiently broad to prevent the
/ Threatened fAOidllOtis i4Ly suggest III
/ all deference that you convene the city
! council at once, and make an ordinance
broad enough to cover the case.
''As the representative head of the
C. A Il. we feel that you will use
your power and prestige to see to it
that the soldiers Memorial day shall
not be desecrated. and that there is
| power enough resting in the laws and
| ordinances passed in pursuance there
of to overcome the evil sought to be
/ prevented All the suggestion that
the city may be subjected to a suit in
damages for Withholding its license is
mere twaddle, for the reason that a
circus has no vested right to have a
license or to compel its issue. any more.
than druggist has a right to compel