Omaha daily bee., 1911-08-01
TWO TEST BARBER SHOP CASES
Two Arrests Are Made and Arguments
Follow in Police Court.
MAY DO WORK WITHOUT PAY
City Prosecutor Agrees with the Con-
tentiOn of Attorney Rosewater,
Who Appears for the Pro-
prietors.

War against the new city ordinance CLOS
ing barber shops on Sunday was started IN
pslioe court Monday morning by Stanley
Rosewater attorney for the hotel men and
barber shop proprietors who oppose the
ordinance. Two test cases were begun and
argued Police Judge Crawford took them
Hndcr advsement, but indicated the likeli-
hood of his finding for the defendants.
Rosewaters contention is that the only
barber shop work prohibited by the ordi-
nance is shaving and cutting hair for
money; that BARRIERS may shave and cut
hair to their hearts delight on Sunday
provided they make no charge and that
they may render all other sorts of barber
service for pay on Sunday without violat-
fng the ordinance.
City Prosecutor Dickinson said he agreed
with Rosewater.
Complaints were filed against Alfred R.
Pardun, proprietor of the Henshaw barber
shop, and Albert G. Bockhacker, a barber
in the same shop. 1t was stipulated that
Pardun shaved a man, but took no pay
for the service, and that Bockhacker gave
patron a scalp massage and took pay
for the service.
Many Work without Pay.
The first section of the ordinance, accord
ing to Mr. Rosewater. prohibits conduct
OF the barberng business on Sunday; the
second section says barbering for the pur-
pose OF this ordinance shall be the cutting
of hair or shaving of man for money.
The attorney contends that the second sec
ton simply defines the word barbering'
used in the first section, and that the al
legged offenses OF the defendants are with
out the definition.
Senator Reagan, who drafted the or
dinance. declared the second section is not
a definition of barbering. but is designed to
prevent BARRIERS going to the homes OF pa
irons and there serving them on Sunday,
eve wanted TO fix it so they could do
charity work on Sunday, but could not go
| from house TO house as BARRIERS, he said
II Judge Crawford sustains the BARRIERS
| contention II is limited that the BARRIERS
who wish to do business on Sunday Will
| give shaves and cut hair free OF charge
and make up the losses by increasing the
prices OF messages, tonics, moustache
dyes, etc.
Position of BARRIERS.
When asked his position, Stanley M.
Rosewater, attorney for the BARRIERS OPP
| posed to the Sunday closing ordinance and
! for the Hotel Mems association, said;
Briefly. this is our contention: Section ]
provides that it shall be unlawful to en-
gage in or conduct or cause TO be con-
Quoted in the city OF Omaha the business
of parbering on sunday Section pro-
j yides for the penalty and section declares
that TO accept or receive pay for cutting
persons hair or for shaving him shall
be deemed barbering within the meaning
of that term as used in this ordnance II
! seems clear that the third section de-
fines the first section and that 1t is there
for that purpose alone. My clients APP
peared in police court, not with any inten'
ton OF violating the law, but OF finding out
what could be done under the law II IT ID
valid With this In view one barber shaved
a man Sunday without receiving pay fol
il and a second barber gave man scalI
massage and hair tonic and took pay. Oui
contention is that as neither barber having
accepted or received pay for cutting 4
persons hair or shaving him" neither com
mitted any offense under the ordinance"