The Tupelo journal., 1915-10-01

show or public gathering of any kind
to which the public are invited, allowed
or expected to attend, whether an adj
mission fee is charged or not, and it
shall also be unlawful for any such
person as above defined to keep any
such place as above defined open or al
low the same to be kept open for the
purpose of carrying On or conducting
any of the things above enumerated.
Section II. That any person, wheth-
er owner, tenant, lessee, or occupant
of any such building or structure as is
defined in the first section hereof. who
shall knowingly or having good reason
to believe that the same is unsafe to
carry on, exhibit or conduct, or allow
to be carried or, exhibited or conducted
any of the things mentioned in Section
l hereof, in such building or shall keep
any such place open for the purpose OF
carrying on any of the gatherings mem
toned in Section One hereof shall be
guilty of a misdemeanor and upon con-
viction shall be fined not more than
500. 90, or imprisoned not more than
80 days, or by both such fine and m
prisonment
Section III. That all such places as
are defined in Section One hereof which
are now or which may hereafter be
kept, carried on, conducted, or allowed
to be carried on or conducted, or which
are kept open for any of said purposes,
in violation of Section One hereof are
hereby declared to be public %nulsances
and may be abated as hereinafter pro-
vided tor.
Section Nv. That if any officer of
said city or any reputable person there
of shall make an affidavit before the
Mayor or the City Clerk of said City
that any such theatre, show, public
entertainment. moving picture show or
gathering of any kind is being carried
on. exhibited or conducted by any own
er. lessee, tenant or occupant OF any
such place as is defined in Section n
hereof. or that any such place is being
kept open for any such purposes, 1T
shall be the duty of such officer before
whom said affidavit is made and filed
to issue a warrant for the arrest OF
anv such person so offending, %returna-
bic instanter before the Mayor, directed
to the proper officer of said city, whose
duty it shall be to arrest such offender
and bring him forthwith before the
Mayor for trial and such proceedings
shall be had on such affidavit against
such offender as is required by law and
ordinances of said city IN the trial OF
other criminal cases for a violation OF
city ordinances; and in the event SAID
Mayor after hearing the testimony
both for and against the accused shall
be of the opinion that he is guilty OF a
violation of Section One of this ordl-
nance, then it shall be the duty OF the
Mayor to find him guilty and enforce
such penalty as is provided by this or
dinance.
Section v. That in addition to such
proceedings against such offender as
are provided in Section w hereof, If
the Mayor upon hearing the testimony
be of the opinion that any such place
is being carried on, conducted or at
lowed to be carried on or conducted by
such defendant in violation of this Or
dinance, or that same is being Kept
open for such purposes. the Mayor
shall have the right in addition to the
punishment herein above prov tsd
against such defendant to mali
orders as are in his judgment p \
proper for the abatement
preston of such place 80 being il
on and conducted in violation III
ordinance. Provided, however,
upon such hearing the defendant shall
so request no final order shall be made
bv the Mayor on the first hearing OF
such case abating or suppressing such
place until after not less than five days
have interviewed from the date of such
hearing, which additional time shall be
given to the defendant to produce such
further testimony as he may see mt on
such issue at such future time and place
as may be fixed by the Mayor at such
first hearing. And in case additional
time is so asked by such defendant and
the second hearing shall be had as to
whether such place so kept shall be
suppressed or abated, each side shall
have the right to produce or addnce
such additional witnesses or ties
timony as they may desire at such
second hearing.
Section vi. And in case the Mayor
at either Of such hearings shall make
an order for the abatement or sup
preston of such place as herein defined
and prohibited and no additional time
is asked for a future bearing at
said first hearing and the order
for suppressing and abating such
place or business shall become final SO
far as the Mayors Court is concerned,
it shall be the duty Of the Mayor to at
once issue the proper writ directed to
the Marshal or any Policeman of said
city ordering and commanding such Of
fcer to forthwith close and abate such
place 80 found so to be carried on
or kept open in violation of this or
I:.nrco ocI AZ locloro1 RI ho a nnhlic |
nuisance, which said Marshall or proper
officer of said city shall Immediately
upon receipt of such writ so directed
and issued as above provided by said
Mayor, execute said writ as therein d.
rected by closing and abating such
place as therein directed.
Section VII. That each day or part
of a day any such show. theatre, pub
lie entertainment, moving picture show
or gathering of any kind is carried on
or conducted or allowed to be carried
on, exhibited or conducted by any
owner, lessee, tenant or occupant of