The Idaho Republican. [volume] (Blackfoot, Idaho) 1904-1932, 1911-05-26

At the special meeting held ON
Tuesday evening to act upon the petit
tion praying for the privilege of oper-
ating theatres on Sundays, the coun-
ell in committee of the whole had be-
lfore it the recommendation of the law
and order committee that the prayer
i of the petition be denied for the rea-
son ahat protest has been filed bear
ing more names than appeared on the
petition.
Attorney Geo. F. Gagon appearing
for the petitioners offered to put on
witnesses to show that a majority of
the actual voters had signed the petit
tion and Representative Peter G.
Jt hnston, speaking for the protest
ants said that many qualified electors
who had not exercised their right OF
voting at the last election had signed
the protest and with perfect right.
Replying to the statement that the
same qualifications applied to the sign
ers of both instruments he said this
was not true. That the constitution
vouchsafed to every citizen the right
of petition in ordinary matters, and
the protest spoken of was petition
to the duly elected representatives of
the people of the town, asking that
the prayer of this other petition be
denied That the statute providing
the manner by which the question OF
Sunday opening might be opened up
for consideration prescribes that only
qualified electors may sign it, while
any citizen, though not voter at the
time, has right to have his wish
registered i'm the Sc ond instrument.
That 20-year-old boy may have
rights and wishes that the governing
power is bound to respect; he may
have as good judgment in matters of
this kind as the man of SO, yet he
cannot be counted on the first instru-
ment and may be heard and consider
ed on the second.
Mr.. Gagon replied that an unfair
advantage had been granted to the
protestants in that they were given
two weeks in which to add names to
ther protest after the petition was fill
ed and their privilege of adding
names ceased. That If they had been
permitted to work that other two
weeks they could probably have added
a couple of hundred names to their
petition.
A comment from a member of the
council indicated endorsement of the
unfarness referred to and Mr.. John
ston spoke again, saying that in ap-
pearing before the council the protest
ants were asking nothing they were
not entitled to as an inherent right.
He resented the statement that the
council granted them privilege when
they permitted them to have until the
next meeting in which to prepare
reply or protest That this was
inherent the right of the defense, long
since settled and established in adopt
ing the basic principles of the govern
ment. That there was another reason
why it had to be left over for final
action until subsequent meeting
that an ordinance would have to be
drafted and presented for adoption,
and the board was without city at
torney to do such work until they
cast about and found one. That the
public had right to be notified
through the ordinary channels of pub
licity, the press, of what was being
considered, and an opportunity given
for the other portion of the public not
already appraised of the proposed
change in affairs to present their case.
Bond said he was satisfied that all
the members had made up their
minds how they were going to vote on
the matter, and he moved the adop-
ton of the report of the committee,
denying the prayer of the petition,
but it was not seconded. He then
moved that the prayer of the petition
be not granted but that met with an
ominous silence.
Peck tried another way of putting
the same thing and moved that the
council proceed to vote upon the ques-
ton of Sunday opening, and that was
Immediately seconded.
A roll. call was started and 1t de-
veloped that some did not know what
they were voting on, whether Sunday