Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1914-04-09

preme court at which time we submit
a number of cases testing the consti-
nationality of important laws. Fol
lowing this, two cases are set down
for submission in the United States
district court at Keokuk before Judges
Smith Mcpherson and Pollock.
Yours very truly,
George Cosson.
Therefore, gentlemen, the attorney
general Of this state has utterly
failed to give me an opinion or at least
what he thinks the law is upon this
matter and has left it an open cues.
tion apparently to be decided by the
courts.
Section 5040 breach of Sabbath. If
any person be found on the first day
,of the week commonly called Sunday,
engaged in carrying fire arms, dane
ing, hunting, shooting, horse racing,
or in any manner disturbing a wor.
shipping assembly or private family,
or in buying and selling property of
any kind, or in any labor except that
of necessity or charity, he shall be
fined not more than $500 nor less than
Sl.O0, and be imprisoned in the county
jail until the fine, with costs of prose-
cution shall be paid but nothing
herein contained shall be construed to
extend to those who conscientiOusly
observe the seventh day of the week
as the Sabbath, or to prevent persons
travelling or families emigrating
| from pursuing their journey, or keep
ers Of toll bridges. toll gates and
ferrymen from tending the same
| now give you my opinion as to
whether or not the running of NOV
ing picture show is violation of the
above law. The above law makes it
a violation to perform any labor eX-
cept that of necessity or charity, there
fore, my opinion is that the men who
operate the picture show and have
charge of the same, are laboring, that
the man who operates the machine
throwing the pictures on the screen is
laboring, that the ushers who usher
people to and from the building pro-
vided they are doing so for hire are
laboring. and that under the interpre-
tation of this law as it now stands |
provided the same is constitutional, it |
is doubtless a violation of law to
operate picture shows and to open
theaters and give performances on the
Sabbath commonly called Sunday
My opinion is by no means infallible |
and my Interpretation Of the law may
not be sustained by the supreme court |
of the state of Iowa. but up until the |
supreme court of the state of Iowa
passes upon this particular question, I /
can see no other Interpretation to
place upon the same
| The mayor of this city and the com.
missioners of this city, and the Off
Gals of this city are sworn to uphold |
not only the ordinances of the city of
Ottumwa but the laws of the state of
Iowa as we'll.
The Cosson Law.
What is known as the Cosson law is
found in chapter IS of the 33rd general
assembly, 1909. which in substance is
as follows: ANY county attorney,
sheriff, mayor, police officer, marshal
or constable shall be removed from Of
! fee by the district court or judge, upon
charges made in writing, and hearing
thereafter for the following causes:
! Cd for willful or habitual neglect or |
refusal to perform the duties of his I
Office. (2) for willful misconduct or
maladministration in Office. g. for
corruption (4) for extortion. 90 /
upon conviction of felony. CO. for
intoxication or upon conviction of be-
ing intoxicated. The complaint or pc.
tition may be made by any five quail
fed electors of the county in which
the person charged is an officer to the
county attorney, or the attorney gen.
eral, shall be filed by the attorney gen.
eral when directed so to do by the
governor. It shall be the duty of the
county attorney to appear and prose.
cute this proceeding when the officer
sought to be removed is one other
than himself. and when the proceed.
ing is brought to remove the county
attorney. the court may appoint an at
torney to appear and prosecute such
proceeding. The proceeding Is tri-
able as an equitable action and be-
fore some judge Of district court"
Therefore, if the mayor of this city
permits moving picture shows and
theaters to operate in violation Of sec
ton 5040 of the code he would be sub
ject to removal upon the filing of
such charges provided the court inter
preted the law in such a manner that
the operation of said theaters and pic
ture shows were in violation Of law.
MY advice in this matter is as fol-
lows: That provided you are COM
PEELED to repeal the ordinance referred
to above still there is the state law
section 5040 as stated above, which
confronts you, as officials of this city.
Therefore, in my opinion, in justice
to yourselves, it is well that you
should have supreme court decision
interpreting this law either one way I
or the other and to act accordingly to
the Interpretation of the law as laid
down by the supreme court of Iowa. 4
am of the opinion that test case can
be made in the supreme court within
a short period of time, as we decided a
few nights ago that such test would
necessarily have to be made under the
new paving law of this state. Up un
til such time as you may receive this
Interpretation of the law by the SUI
preme court Of Iowa / would insist and
enforce the law as it is laid down in
the code of Iowa and refuse to permit
such shows and entertainments to
take place until l absolutely knew
what the law was on the question. If
1t is necessary to revoke license of 4