The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-12-10
Mayor Green Will Wait No
Longer for Decision.
ID ECIDES HIMSELF
That the Ordinance Bars Drugs
and Provisions.
And Even Magazines and the
Religious Publications.

grocery stores, news stands, cigar stores
drug stores and other places shall be
| closed next Sunday
1t is understood that he will except
from his order medicines, and will give
| a special dispensation to Sunday news
papers.
The mayor said this morning that he
had no personal feeling in the matter
The ordinance is on the statute books
of the CITY," he said, r'And under my
Interpretation it places the legal bar
on everything but medicines and Sun
day newspapers"
1t is difficult to understand the may
or's position. He does not seem to have
read the very section of the ordinance
ne says he means to enforce.
The ordinance makes no special pro-
vision for the sale of Sunday papers
over the sale of magazines, religious
journals or Saturday evening papers.
AS the ordinance specially provides
that provisions and drugs may be sold
1t is difficult to see how even the gro
cer1eS or meat markets could be closed
under it, as they sell provisions almost
exclusively.
Drugs are also excepted in the ordi-
nance, not medicines alone as the
mayor seems to think.
Where some cities have. attempted to
enforce certain sO-called blue laws"
they have especially prevented the sale
of Sunday newspapers until Monday
morning. This was the case in To-
ronto and other Canadian towns.
Sunday Closing Section.
Section 1909 of. Ordinance 2615
reads as follows: Section 1909.
Sunday; selling, etc: Exception Sec.
103. Every person who shall expose
disc, or who shall keep open any ale
or porter house, grocery or tipping
shop, or shall sell or retail any fer
mented or distilled liquors, on the
first day of the week, commonly called
Sunday, shall be deemed guilty of a
misdemeanor and on conviction there
of be fined in any sum not less than
three dollars and not more than fifty
dollars for each soffense: Provided
This section shall not be construed to
prevent the sale of any drugs or
medicines. provisions or other articles
of immediate necessity"
Mayor William Green has hesitated
to put on the Sunday lid" on the gro
Gerry stores and news and cigars stands
for two weeks, waiting on the district
court to decide the-Crawford theater
case The court has not yet passed
on the Crawford case and after con-
surtfng with the city attorney yester-
day and today the mayor decided to
take the matter in his own hands and,
so far as other businesses are concern
ed, therefore, dictated and sent the fol-
lowing note to Chief of Police w. r.
Eaton: 1.-THE city attorney advises me
that on further investigation of au-
thOrities and court decisions it Is his
opinion that the decision of the court
in the case now pending. styled The
City of Topeka VS.. Crawford (this case
is to decide a question of Sunday the
aters) cannot be sufficiently broad to
affect the status of Section 1909 Of Or
dinance 2615; therefore, in response to
a petition recently received by me, you
will proceed at once to the enforcement
of the provisions of said section 1907
So far as the closing of grocery stores
is concerned the mayor feels that he
is not running criss-cross with that
class of business houses. He recently
received a petition signed by 10S gro
Gerry men asking him to put the lid on
grocery and similar stores on the Sab
bath day. The mayor construed the
statutes to mean the closing of all bust
ness houses. even drug stores with the
exception Of allowing them to sell medi-
cines. He had decided to wait on the
decision of the district court in the
Sunday theater case, but today decided
to go ahead on the other cases and
await the decision on that case before
making any more arrests in the theater
circles. The Crawford case is one of
the city's test cases, Crawford having
been convicted of violating the city
laws in keeping open theaters on Sun
day in the city court. The case was
appealed to the court above.
Druggists Not Sorry.
Varying opinions are held by the
merchants who will be affected by the
orally seem to, welcome the edict for
it means one day in the week for the
first time in years when they will
actually be allowed to close the front
doors of the store. put the keys in
their pockets with a jingle and walk
oxy To
One druggist who has accumulated
considerable wisdom as to the Gus
toms of the Topeka drug business
says that Sunday closing will ena BILE
whisky" drug store and the one
which conducts a legitimate business.
you will find that the whisky drug
stores will keep open all day and
ly will remain open couple of hours
a day for there is not enough business
on Sunday for simply filling SUBJ
scriptions," said he. do We really
favor Sunday closing? Why of
course we do, we are human just like
the rest of you people"
Another prominent druggist on
Kansas avenue stated that he thought
the enforcement of the law would re-
suit in the closing of all the drug
stores with the exception of but prob
ably two hours. He stated that the
usual Sunday trade consisted largely
of cigars, and the other sundries
which are sold and carried by the
druggist.
I'VE are interested in way, but
not to such an extent as the cigar and
candy stores" said North Topeka
druggist 'An the prescriptions that
come In on that day can be filled in an
hour or two and though I can not talk
for the Others. I think that we will
probably either close down entirely
or remain open only few hours. We
have hean waiting to see what would
come ont of this suit that is on now
to close the Sunday theaters before
taking any action. We have been
waiting to see what the mayor would
do No 7 don't know that any at