The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-12-12
ORDINANCE is FAULTY.

| Acute discernment is not needed in
| a perusal of the city ordinance, which
| seeks to prohibit business activity on
Sunday, to see that there will be little
or no difficulty for folks so disposed to
| evade its purposes. An effort is to be
| made to enforce it by the city officials
next Sunday and enforce 1t in such a
way that nothing will be on sale in
the town except drugs and medicines.
OF course. persons who care to antag-
onize these efforts of the city officials
will be arrested promptly but this will
be merely an inconvenience visited
upon them for they will be released
quite as promptly by the inferior
courts. This is certain because the or
dinance in question is so full of glar-
ing inconsistencies that a superior court
of yeritable Daniels with few Solo
mons on the side and several "Philadel-
phia" lawyers to aid in calculation,
would be unable to determine just what
things may or may not be offered for
sale under the terms of the ordinance.
1t surely is a relic of an evident ig-
norant or careless past and If its pur-
poses are to be made effective. the
councilmen should get active and re-
wise 1t in such language as can be I'M
BILE and certain way. The first para
graph declares a person to be guilty
of a misdemeanor. who shall expose for
sale on Sunday any goods, wares or
merchandise or keep open any ale or
porter house, grocery or tipping shop
or shall sell or retail any fermented or
distilled liquors. The last paragraph of
the same ordinance says that the first
shall not be construed to prevent the
sale of any drugs or medicines, provis-
ions or other articles of immediate ne
cessity.
Could any language be more incon-
sistent or more Numerically opposite
in meaning than that in these two pro-
visions Of the same ordinance. One de-
stroys absolutely the purposes Of the
other.
The first phrase seeks to keep grocery
stores closed and the other permits
the sale of provisions. Another phrase
prohibits the sale Of distilled and fer
mented liquors and the opening of ale
and porter houses. There happens to
be no ale and porter houses extant
which are recognized by law and which
may be regulated by city ordinances.
Under the provisions permitting drug
gists to sell needed drugs and medf-
cineS the sale Of beer and liquor Will
not or cannot be interrupted by the
druggists who handle it. 1t can only
be sold by them for medicinal or sci !
entific" purposes at any time. A man, |
who takes an oath on Saturday that
he needs whisky or beer for medicinal
purposes will make the same sort Of an
oath on a Sunday and the druggist will |
necessarily have to provide the "medi- |
cine" as he is permitted to do under |
the terms of this ordinance.
Then again there is nothing In the |
ordinance which authorizes the city Of |
foials to make any exceptions as to the |
sale of wares and merchandise on Sun
day. What particular right have they
then to say that 1t will not be en-
forced as to newspapers unless the
are classed as necessities?
Who is to determine what necessities"
are but the courts? How will the courts
settle this question in way that will
be satisfactory to all? What Is
necessity for one man is a luxury for
another and SO on.
Surely there never was an ordinance
quite so confusing in its terms as this
one. If the city authorities think Sun
day closing of all activities is desir
able let them get busy and draft
specific ordinance on the subject, an or
1inance that can be enforced. They
should not attempt to work under such
a hodge podge collection Of words and
phrases as are contained in the exist
ing ordinance. 1t may express a pur-
pose but it does not express it so that
n oap he accommodated