Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1914-04-09
SOLICITOR DUKE
URGES TEST CASE
Continued From Page -

should have to abide by the decision.
Commissioner Bremhorst stated that
in the event any of the owners should
attempt to open for business on Sun
days pending the decision of the SUI
preme court should test case Is made
he would call for the revoking of their
license.
The opinion of Solicitor Duke is
quite lengthy and is prefaced by cor
respondence he had with Attorney
General Cosson whose advice he
sought in the matter. Mr.. Duke holds
that the repeal of the ordinance will
openly countenance the violation OF
the Sunday law, section 5040, Breach
of the Sabbath" and lays the mayor
liable to removal. The opinion fol-
lows:
Ottumwa, Iowa, April Z, 1914.
To the Honorable Mayor and the Com
missioners of the City of Ottum-
wa, Iowa.
Gentlemen:
Section II, page 40, of the revised
ordinances of the city of Ottumwa,
Iowa, states:
ut shall be unlawful for any theat-
rical company minstrels or exhibition
Of any kind of whatever name or ma
ture. whether such exhibition be free
or for money, or any other reward Is
in any manner demanded, to give ex-
hibitions or entertainments within the
corporate limits of the city of Ottum-
wa. at any time on the first day of the
week, commonly, called Sabbath or
Sunday, or to give any lewd or lacivi-
Gus entertainment at any time. 1t al
SO makes 1t unlawful to rent the build
ing for such purposes
The picture show men OF this city
have circulated or caused to be cir
culated a petition which, as amended,
purports to have twenty-five per cent.
Of the legal voters of this city whose
names are thereto attached, asking
for . repeal of the above ordinance.
In order that I might be fully ad-
vised in this matter as to how to In
struct this council, provided the re-
peal Of this ordinance be demanded.
have been very careful to make every
effort to not only render fair and i'm
partial opinion but to go to the attor-
ney general of the state for an opinion
upon this question. My letter of March
30. 1914, to Attorney General Cosson
Is set out, word for word:
Ny Dear Cosson:
Section II, page 410, revised ordin-
ances Of the city Of Ottumwa, states:
THAT 1t shall be unlawful for any the
atrical company, minstrels or exhibit
ton of any kind of whatever name or
nature, whether such exhibition be
free or for money, or any other reward
is In any manner demanded, to give
exhibitions or entertainments within
the corporate limits of the city of Of
tumwa, at any time on the first day
of the week, commonly called Sabbath
or Sunday, or to give any lewd or
lacivious entertainment of any kind.
It also makes it unlawful to rent the
building for such purposes.
The picture show people OF this city
have circulated petition which pur-
ports to have twenty-five per cent: OF
the voters of this city, asking that
such ordinance be repealed.
AS you are doubtless aware we are
under the commission plan of govern
ment and we must according to law
recognize the right of the people to-
submit a petition for the repeal or
amendment or the passage Of an or
dinance.
You are also familiar with the laws
of the state of Iowa which would
doubtless make it an offense under the
laws of Iowa to operate picture show
or to do any labor on Sunday except
that which is made permissible under
the state law.
Now, as solicitor of this city, | want
to advise according to the law with
out fear or favor 1t is useless to say
that in Ottumwa, as in almost any
community, we have what is known
as the liberal element and on the 9TH
er hand the church-going folk, and
those conscientiously opposing such a