The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-07-24
DOESlT PROTECT?
This Is Question Abou' New
Sunday Closing Ordinance.
Attorney for the Theater Man.
ayers Says Ne"
CONFLICT OF TERMS.
Says New Provision Is Plainly
Illegal.
Mayor Green Insists That 1t Is
Valid.
CONFLICT OF TERMS.

The Sunday closing question in nut
shell is this: The council last night
amended the Sunday labor and store
ordinance in such fashion as to ex-
cept the sale of drugs, soda fountain
drinks, cigars. tobacco, newspapers ana
meats from the provisions of the or
dinance against Sunday sales OF mer-
chandise. Mayor Green and City AT
torney Dreaming declared today that
since this amendment to the ordinance
the attorneys for the theaters cannot
cause the arrest of any druggist or con-
fectioner or cigar dealer or newsdea-
Ter by means of city warrant from
the hands of the police judge. They
say that this amendment provides al
the protection the city can give. as
much even, as though the entire sun
day labor and sales ordinance had been
repealed. OF course, the theater attor-
ney might be able to bring action
against these merchants through the
Office of the county attorney. but they
could do that even if the entire ordin-
ance was repealed. The city attorney
will hereafter dismiss any suits that
may be brought in police court, and
even if the police judge should issue
warrants and have the merchants ar
appeal and the city attorney could dis
miss these suits in district court.
If the druggists and others exempt
ed and protected by last nights amend
ment continue to keep open on Sunday
they are safe from any prosecution at
the hands of any city official. Only
q state warrant can cause them trou-
Bile. The exceptions under the amend
ment to the Sunday sales ordinance are
legal and taken from the text of the
ruling of the Florida supreme court, ac-
cording to City Attorney Dreaming.
The druggists, at their meeting yes
terday decided to keep their stores
closed on Sunday, beginning the 26th
OF this month and continue to do sc
until decided otherwise at another
meeting of their association. The pas
sage of the protection amendment by
the council last night has not affected
their decision of yesterday one way OF
the other. The State Journal man
talked with a half dozen of the leading
druggists today and found all of them
those with and without soda foun-
tains in their stores, determined tC
bath. Some of them declared that only
the repeal of the entire Sunday sales
ordinance would relieve the situation
while others doubted If even the repea
of that ordinance would help the matter
any. 81 would rather close my store
on Sunday and lose the best day fol-
my soda fountain trade" said G. w
Fladd, than to be worried over this
law enforcement crusade and have my
customers bothered by persons seeking
evidence to have me arrested"
The cigar dealers and confectionery
men are standing with the druggists in
this matter and declare they. too, will
close up hereafter on Sunday.
Doesn't Protect Says Nichols.
Galen Nichols. attorney for the
theater managers. was approached by
a reporter this morning and asked
about the Sunday closing situation
He replied that 1t stood exactly the