The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-01-07
TAKE OFF The LID
Drug and Confectionery Stores
May Open Sunday.
City Council Decides to Relax
the Regulations.
ONLY ONE OPPOSES.
Councilman Howard Votes
Against the Move.
Mayor Green and Mr.. Holiday
Exchange Views.

The confectionery stores, drug stores.
cigar stores and the news stands will
open up their doors next Sunday morn
ing and transact their business as usual
after three weeks of a tightly fitting lid
which only permitted the sale of drugs
on Sunday.
The police committee of the council
introduced their recommendation to the
council providing that there should De
no material change in the Sunday CLOS
ing ordinance The report was sub
mitted by Councilman H. B. Howard
chairman of the committee.
Immediately thereafter the council
adopted a second resolution onered py
Councilman Tandy which provided that
in interpreting the word necessities ~
the ordinance that it should 1ncluoe 10
mean the merchandise now ofered LOT
sale but placed under the ban during
the last three weeks of Sunday closlnS-
There was only one dissenting vote 20
this resolution, cast by Councilman
Howard, and the ordinance as PdsSeo
will restore the old regime.
AZ stated in the State Journal of
week ago the police committee when
consisted of Councilmen howard, stan
ley and Montgomery, NOT IN
favor of handing in a recommen9ia:stlo
calling for considerable modlnca-
ton.
Their report last night as submitted
Ivas &c follows: 1.-The committee TO
which was referred all matters pertain a. n
ing to Sunday closing Respectfully peg
leave to report that we nave gwen e tlle
matter careful consideration and AFTER
securing the opinion of several prom
inent attorneys of our city we nave
concluded that it is unsafe TO make any
material changes in the present orul-
nance We therefore recommend tnat
the ordinance be amendeo DIS pei at
tached ordinance"
The amendment proposed was 10 SIN
DIV cut out the words tipping shop'
and the mention of the sale OF Hquor
which existed under the old ordinance
and the substitution for II Oh stores
or place of business"
The original ordinance was passed
many years ago when saloons were run
openly in Topeka. 1t is founded on
state law.
The ordinance as amended provides
that:
= .'Anv person who shall expose to sale
or sell any goods, wares or merchandlSa
or who shall keep open any store OF
place of business on the hrst DAY Ok
fhe week commonly called Sunday snail
he deemed, guilty. of. a ,nisdenlea nor
and upon conviction thereof, shan be
fined in any sum not less than So nor
more than $50 for each offense, pro-
vided this section shall not be con-
StrUed TO prevent lIle StlS VI any III U.S.
or medicines. provi@ns or other articles
of immediate necessity
When Councilman Howard'S resolu-
ton with the attached ordinance was
offered 70 vote all of the members or
the council with the exception of Coun-
cilmen Lannan and Holiday voted for
It Councilman VanNeSs was absent
In speaking upon the ordinance
Councilman Holiday said: THE first
start of this Sunday closing business
came up from the petitions of the retail
grocerymen. They stated they worked
here all week long and they thought
they should have day of rest. Then
came the administration act. The gro
GERS are only one element. They were
affected by the Sunday law. Then the
mayor in the exercise of his prerogative
ting up drug stores. confectionery
stores and the rest of them
Excuse me, Mr.. Holiday" said the
mayor "There was no order issued to
the police to close the drug stores"
well I don't understand why they
closed them" said Holiday.
1.-THE executive who enforces the law
is supposed to exercise some horse
sense I hardly think it is a fair exer-
else of prerogative to make all close up
when one element requests Sunday
closing"
Councilman Tandy offered his reso-
luton which practically interprets the
law in a manner to conform with the
ordinance-offered by F. G. Dreaming,
city attorney The resolution: "Resolv-
ed that in the execution of the city