The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-12-23
TAKES A new GRIP
City Will Pass Another Sunday
Closing Law.
And Will Again Arrest Roy
Crawford, Majestic Manager.
COMES UP TONIGHT.
New Ordinance Drawn Under
City Charter Act.
Which Gives Council Right to
Regulate Theaters.

To get them coming and going: the
city will attempt as much in insisting
on the closing of the Sunday theaters
| Running theaters on Sunday, If II
is not a dissertation, can at least be
regulated and subjected to the provis-
ions of the city charter act which per-
! mits the city to take hold and regulate
among a long list of callings and oc-
! equations that of theaters. This is the
! basis of a new ordinance for Sunday
closing of theaters which will be sub
mitted to the council this evening for
passage.
A test is now being made of the at
| tempt to enforce the Sunday closing
of theaters under the ordinance which
provides against laboring on Sunday.
The case is in the district court and
will be carried on to the supreme
court
The present ordinance is as follows:
Every person who shall labor him
self, or compel his apprentice, servar
or any other person in his charge or
control to labor or perform any work
other than the household offices of
daily necessity or other works of nee
| essity or charity on the first day of
the week, commonly called Sunday,
shall be deemed guilty of a misde-
meanor and on conviction thereof
lars nor more than $25 for each Of
Tense: Provided, this section shall not
extend to any person who is men,
Der of any religious society by whom
any other than the first day Of the
week is observed as the Sabbath, so
that he observes such Sabbath
An arrest was made of Roy Craw-
ford, manager of the Majestic thea
ter. under that ordinance. A second
arrest will be made of Roy Crawford,
manager of the Majestic theater, for
violation of the proposed new ordin-
ance which provides:
"It shall be unlawful for any per-
son to open, superintend or manage
any public theater and give any thea
trical exhibition or performance or
any show or exhibition for pay, with
in the limits of the city of Topeka, on
the first day of the week commonly
called Sunday; and 1t shall be unlaw-
full for any person to aid, assist or aber
in giving any such theatrical exhibit
ton or performance by acting or doing
any kind of work or labor in connec-
ton Herewith on the first day of the
week commonly called Sunday; and
every person, who shall violate any of
the provisions of this section, shall be
deemed guilty of a nisdemeanor and,
upon conviction thereof, shall be fined
in any sum not less than ten dollars
nor more than two hundred dollars or
Imprisoned in the city prison not less
than ten days nor more than thirty
Gays, LOT eaCn OILGnSe ana snail SIanQ
committed to the city prison until
such judgment is complied with
The second section is similar to that
of the second section of the first nam
ed ordinance
The new ordinance fixes a consider
ably heavier penalty. 1t was drafted
by F. G. Dreaming, city attorney, and
will be presented to the council this
evening by Councilman Stanley
I'VE will make a second arrest I'M
der this ordinance of Roy Crawford
and carry it on through the courts to
the supreme court so that we can have
decision handed down practically at
the same time on both of these ordin-
ances," said the city attorney.
This gets at the question in a diff
ferent way" said w. C. Ralston, assis-
tant city attorney. 1.-THE other ordin-
ance takes it up under the dissertation
this raises the question OF the power
of the council to control and regulate.
The supreme court will decide whether
this power of regulation can extend
so far to close the theaters up on
Sunday"