The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-07-24
City Council Raises the Sunday
Ban.
Necessities May Be Sold Within
the Law.
DRUGSTORES TO CLOSE
Nothing VIII Be Sold in Topeka
Next Sunday.
Lively Debate Over Provisions
of New Ordinance.

The city council in special session
last night granted complete and de-
tailed protection to the druggists ana
confectionery cigar ana news dealers
by ordinance as follows:
An ordinance amending section log
of ordinance No. 2615, as amended
by ordinance No. 2s25. and repeal
ing said ordinance No. 2S25.
Be it ordained by the mayor and
council of the city OF Topeka:
Section l. That section 1913 of ordi-
nance No. 26I5, as amended by ordi-
nance No. 2S25, be and the said sec
ton is hereby amended to read as fol-
lows: Section 1913. Any person VINO
shall expose to sale or sell any goods
wares or merchandise, or who shall
keep open any store or place of bust
ness on the first day OF the week
commonly called Sunday. shall be
deemed guilty of a misdemeanor and,
upon conviction thereon, shall be
fined in any sum not less than three
dollars nor more than fifty dollars for
each offense. Provided This section
shall not be construed to prevent the
sale of any drugs or medicines, pro-
visions or other articles of immediate
necessity. Nothing in this section and
nothing in section 102 of ordinance
No. 2615, being section 1908 of the re-
vised ordinances of the city of To-
peka of 1905, shall be held or con-
strued to prevent the selling or keep
ing open store for the purpose of SELL
Ing on the first day of the week, COM
monty called Sunday. ice. breads. milk.
ice cream, soda water, confectionery,
cigars. tobacco, cut flowers, news
papers and periodicals: nor to prohibit
the sale of fresh meats and fish on
Sunday before o'clock a. m, from
April to November T.
Section 2. Ordinance No. 2S25, ap-
proved January 8. 1908. is hereby re-
Section 8. This ordinance shall take
effect and be in force from and after
its publication in the official city
paper.
For the ordinance-Blakely, Jordan,
Kutz, Lannan, Miller. Stanley, Tandy.
Against-Fraser. Horn. Howard.
But the protected dealers refuse
protection. At meeting of the drug
gists and the confectioners and cigar
dealers last night 1t was decided to
close up tight on the sabbath. begin
ming July rs. These dealers have
concluded that only the repeal of the
sunday labor ordinance entirely will
protect them from the enforcement of
the law as urged by the theater
managers.
The Sunday closing matter came to
the surface at last nights meeting
Vic reported
on the following resolution that had
been checked up to them:
Whereas, the supreme court by it's
recent decision has upheld the Sunday
labor ordinance, therefore be 1t re-
solved that the mayor be and is here
by requested by the city council to
enforce said ordinance to the letter"
The judiciary committee report
checked the whole question of the en-
forcement of the Sunday closing up
to the mayor in the following lam
guage:
1--WE believe that the mayor can be
trusted to enforce the Sunday labor
ordinance in harmony with the in
depreciation recently placed upon 1t by
the supreme court and in accordance
with the resolution defining necessf-
ties passed some time ago by the coun-
Gil. We do not desire to infringe upon
the executive department of the city
government and would prefer to leave
the mayor free to enforce the ordi-
nances of the city, we therefore
recommend that the matter be left
with the mayor and that the resoIu-
ton be not passed.
This report was accepted by the
council without dissent, but when the
ordinance granting protection to drug
glstS and others on the Sabbath was
read and moved for passage Howard
took the floor and entered his objec-
tlOHS 10 Sucn course. He said this
was very important ordinance: that
the council ought to take its time in
passing such a law, and should turn
1t over to committee for considera-
ton. He doubted the legality of this
ordinance and could not see the need
OF haste nor any pressing emergency
that demanded its instant passage
Horn followed Howard in an even
more emphatic protest against the
passage of the ordinance. He spoke
OF its passage as an ATTEMPTED piece
of railroad" work and wound uD his
talk by moving that it be referred to
the judiciary committee. This motion
was carried and the Sunday closing
question appeared to have been laid
over for week. But few minutes
later when the council took a recess
In order to allow the ways and means
committee to make a report the iudi-
ciary committee got together and pre
pared its report on the Sunday "pro-
lection" ordinance. When the connect
reconvened this ordinance, with the
o. K. of the judicial committee, was
again read for passage. Howard ask
cd the opinion of the city attorney ON
the legality of the measure and Mr.
Dreaming declared that it was Ali
right as far as he could Judge and in
harmony with the state law. Horn
took the floor a second time and de-
livered a regular grafton. He took
umbrage at the prompt action of the
judiciary committee in making its re-