The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-12-13
STANDS BY Guns.
Mayor Green Discusses Sunday
Closing Law.
Proposes to Enforce 1t as
Courts Say 1t Is Good.

Mayor William Green this morning
said that he desired to fully explain his
position on the Sunday closing ordin-
ance. Il do not believe in city officials,
or others, for that matter, rushing into
print to defend themselves; nor do !
believe in newspaper controversies -
said the mayor. IT do wish to say a
few words about the Sunday closing
ordinance, however, that is just now
, creating SO much comment of one sort
and another. .+o- p. s-@,is.ts.s, e.5,,-.=.
I'm the first place let me say, that
while the section under which we are
predicating our Sunday closing policy
may be crude of construction. or even
ambiguous. as one critic has charged,
1t is according to the supreme court of
Kansas, good law. The section Of the
ordinance referred to is an exact copy
Topeka city council on June 80, 1905,
by unanimous vote, the following
members of the council voting aye on
its third and last reading: Ryder,
Simms, Griley, Holiday, Nipps, Green
Rice, Horn, Howe, Sinner, Swendson
and Hughes.
Ten years ago this law was pro-
nounced as sound and therefore consti-
tutional by the supreme court of Kan
sas. A grocer had been arrested for
selling goods on Sunday. He won his
case, that is the right to keep open, in
the police court. The case was appeal
ed to the district court and the grocer
won there, his attorneys motion to the
court that the case be dismissed being
granted by the court. The attorney in
this case attacked the constitution
atty of the law and the court upheld
his contention.
1.-The case was then carried to the
supreme court and that tribunal decid-
ed that the law was sound and that the
court below had erred in dismissing the
case and remanded the case for rehear-
ing. Consequently I see no way for
the city executive to get out of enforc-
ing this Sunday closing act and uphold
his oath of office at the same time.
think q liberal construction of all laws
should be made by those who are sworn
to execute them"
In regard to the exemption of the sale
Of certain things, such as medicines
Sunday newspapers milk etc. the
mayor said: 'I think it was not the in
tention of the trainers of the state law,
nor of the eminent Topeka gentlemen
who adopted the state law and placed
it in the statutes Of the city to make
this law burdensome. For instance,
under the head of necessities I would
include medicines. Under that head
would also include milk since milk is
an absolute necessity in some homes
Sunday, If it was ready for market on
Saturday.
"It is the same way with Sunday
A Sunday newspaper
would be of no general benefit to the
purchaser on Monday. On the other
hand a magazine may be purchased on
so with a loaf of bread. In |
regard to the provisions section 1 think |
it was made to cover emergencies For |
instance, hotel or restaurant is ap-
prised on Sunday morning that a big |
excursion is coming to Topeka and be- |
comes aware that it has not provisions |
dot a ha tod
which it expects, then think it would |
have the right to get all the provisions !
that it needs.
IT may be wrong, but my action is |
and honest and I propose |
to fight it out on this line. I shall en-
force all laws on our statute books as |
long as 1 am mayor regardless of |
they are popular or unpopular |
The people can get relief from unpop-
ular laws. 1t is not my business to |
take sides in the matter"