The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-10-18

TO ARREST Them.
Sunday Theater Question Will
Be Put to Test.
Managers Must Answer for
Violating Ordinance.
DEBATE in COUNCIL.
Mayor Instructed to Enforce
the Regulation.
City Attorney Dreaming Is Pro-
perly Disciplined.

1
next Sunday afternoon for the usual
performances will be visited by men,
bers of the police force and the man
ayers will be arrested for violation of
| the Sunday labor law.
BY vote of nine to two, the city
council last evening, Instructed Mayor
VIM. Green to enforce the ordinance.
He had made this request on the city
an indication of support to the proceed
ure which he would follow in handling
the Sunday theater situation.
The councllmen voting aye were;
Blakely, Montgomery, Kutz Hughes,
Tandy and Stanley. The eouncilmen
voting no We're: Councilman Lannan
and Holiday. Absent: Councilman
Horn.
The two councilmen from the Second
| ward voted no because they stated that
! they considered that the mayor needed
no instructions to enforce the law.
1t is probable that a test case will be
made from an arrest made on next
Sunday and the constitutionality of the
ordinance will be tried out in the dis
trict court and on appeal to the state
been had between Judge z. T, Hazen,
4 attorney for the Topeka Theatrical
Managers association. and Mayor Green
since the action of last evening looking
to the institution of a friendly law suit
but it is probable that one will be held
II am still as favorably disposed
towards a friendly law suit to test this
as 1 was before said the mayor I
have not had conference yet and
1 don't know what their plan is yet and
| for that reason I cannot say definitely
that such suit will be brought. I will
! proceed next Sunday to enforce the or
| dinance."
| II the friendly suit is not agreed upon
| the city authorities would have to make
| arrests every Sunday of the managers
| of the theaters. The judiciary commit
| tee of the council submitted their re-
| port to the council declaring that they
| found the ordinance against sunday
| labor adequate in their opinion to close
| the Sunday theaters. The council with
| out a question accepted the report and
voted unanimously for adoption. The
| real fight came over whether the coun-
| ell should instruct the mayor to enforce
| the law. Some of the councilmen in
| sisted that this responsibility did not
| devolve upon their shoulders. That they
| had no more right to ask the mayor to
| enforce the law than if they called on
| the governor for the same thing. That
| the law existed and that the mayor ex-
| officio naturally had this responsibility
! to meet
! this city clearly but it is broad ques-
| ton and we do not know where 1t VIII
end" said the mayor in explaining his
position TT will probably go to the
supreme court and / want 10 know
whether l have the council back OF me-
| nioned n r Howard. 1--WE have the
example of a large number OF cities OF
the east in not permitting SUNDAY inca
ters The only reason we have 1t is
| that it is a part that is leIt ossr 1ror ON
the wild and woolly west and l am
sorry that some action wasn't taken
long before this. L am just as anxious
as anyone in seeing that it gets to the
supreme court.
He then introduced the lollo"lis
resolution: go
.sWhereas. Our judiciary committee
and the CITY attorney in their opinion
have found that section 1908 of the
revised ordinances is ample and sufl-
cient to close all the Sunday theaters
about which complaint has been made,
therefore, be it
"ResoIved, That the mayor be re-
ouested to issue such orders to the
legal and police departments as ara
necessary to enforce ordnance section
12OS against the operation of theaters
and similar places of amusement on tn
Sabbath or the day commonly called
Sunday
Councilman Holiday then arose to
oppose the passage of this resolution
81 dislike to see very much this Ill e. |
brand which is going to be thrown INTO
the community" said Councilman Hol-
liday II think that all the good that
will be done will be more than OUT
weighed by the harm that is done by
setting the people by the ears. After
the fight has been had. the net results |
and bitterness. L think that the push |
ing thinking religious world will go on
ahead just the same.
Whether this is going to help To- |
peka morally, people differ materially, |
honestly.
THE law is primarily enacted to give
every man day of rest; 1t does not
specifically name theaterS, but IT Is Il
big drag net of a law and it can be
made very obnoxious if carried out to |
the letter. 1 for myself as council
man don't feel that it is within my |
province to instruct the mayor what !
THE mayors of the cities of Kansas
enforce the law. We have not tho
right to instruct the mayor what TO |
do. we made the laws
It's simply a matter of law and or
der. It's not a question of the church |
as the gentleman would say retorted !
Councilman Stanley.
Il am not afraid to go on record
said Councilman Montgomery, that 1
am ready to give my support to the
mayor on any enforcement of law
Il look upon this resolution as a
slam the perogatives of, the mayor,
said Councilman Lannan.
Il don't so regard it. Mr.. Lannan."
interrupted the mayor.
Its the duty of the mayor to en-
force the laws and see that they are
observed and 1 think it's a slam to
tell him to do what his duty says that
he shall do continued Lannan.
I'VE should be men enough to come |
out fatty on this proposition, Let US
say YES or no. Let US say that we
are for this law or that we are against
it," said Biakely.
Councilman Kutz stated that he
thought that the state labor commits
sioner should have enforced the law
long time ago, that it was directly in
his line. He then created a wave of
merriment to sweep over council and
spectators alike by saying: There are
some people that delight to place |
councilman on record. I abhor for |
councilman to be placed on record. I