Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-11-17
MUCH INTEREST IN SUPREME
COURTS RULING ON CEDAR
RAPIDS ORDINANCE.
VALIDITY OF PROPOSED
LAW NOT PASSED UPON
Passage Of Ordinance If Later
Found Void Courts Will Enjoin En-.
foreement of Sunday Theater Statute
Prison Discipline Menaced.

Des Moines, Nov. IA great many
inquiries have come TO state officials
as to the scope Of the decision this
week by the supreme court involving
the proposed Sunday theatricals ordi-
OF Cedar Rapids which it was
passed. The decision attracted general
attention because in many Of the cit
les and towrs Of the state thai very
question has come up. Many of the
Inquiries, however, indicate that an err
roneous impression has got out in some
mysterious manner as to what the court
really decided and that the understand
ing is that the court actually upheld
he Sunday closing ordinance as pro-
posed.
AS a matter of fact the court dis
tinctIy avoided passing on the question
as TO whether UGH an ordinance, If
passed, would be valid or whether cit
les have the power to impose penalties
on theaters for operating on any GER
ain day. AL the court said was that
if the ordinance was passed and us a
valid exercise of municipal power
hen it should be obeyed, but if void
for any reason the courts will not en-
force it.
All that the coutr really decided was
that city councils will not be fnjoined
in the exercise of purely legislative
functions, which would be "to adjudi-
cate its validity in advance of passage
Of an ordinance.
Before the question of the right of a
city TO forbid theatricals on Sunday,
can come before the court a case will
hav to be made of actually attempting
to enforce such an ordinance, and a
showing of unreasonable interference
with business.
One of the prison officials Of Iowa
while in the city this week urged the
immediate completion Of the inquiry
into the work OF the governor and pa
role board and prison management, and
conveyed the information that as a
matter of fact the political attack upon
the prisons has had the effect Of large
~ destroying discipline. 1t is stated
hat both at Anamosa and Fort Madt-
son the prisoners are much less amen
able to discipline than they were and
the reports of disobedience to the
prison and ~reformatory rules are more
numerous than for years. There is a
~sullenness prevailing among the pris-
oners hat is hard to overcome and as
a result prison rules are being made
more rigid that they were.
sA
The state railroad commission de-
cided that it would not at this time I'M
dertake to decide the big question, OF
so much interest to shippers In the
manufacturing centers Of the state. of
establishment of switching zones in
and around the cities of the state as
specially authorized by the legislature
to do. The question is so big that it
was thought best to fix a definite time
for a hearing on the subject. Both the
shippers and the railroads will desire
opportunity to present much informa-
ton on the subject.
The commission intended to take up,
and will as 500 as the livestock case
Is finished, the matter of a complaint
of discrimination in switching matters
in Des Moines. The complaint is that
If a. car is sent out to the manufacture
ing center south of the city on the
Great Western to get a carload Of brick,
it is charged a mileage rate, while If 1t
is loaded at the same siding with ce-
ment from the factory there 1t is a
switching charge.
The supreme court concluded the