Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1916-01-06
PLEA TO COMMISSIONERS TO
PROHIBIT IMMORAL SHOWS
REFERRED TO CODE.
CITY WRITES LETTER
Council Answers Pastors Stating That
Ordinance Would Not Be as
Strict az Section Now
Covering Offense.

moral shows in the city was received
by the commissioners this morning.
The council has prepared a letter to
be sent to the churches calling atten-
ton to the fact that state law eX-
lists covering this offense and prescrih-
ing heavier penalty than the city
could inf1ict.
The petitions received by the coun-
Gil were signed by the pastors and
carried the names of many of the
church members. The church people
ask that all unclean and immoral
shows, including moving pictures. be
prohibited and that the city solicitor
prosecute Violations
Pastors Send Petitions.
The petitions were submitted by
Rev. B. F. Patti, Rev. c. A. Field and
J. Royce Brown of the Y. M. G. A.,
and read: 1.-THE adult bible classes
and members of the churches and con.
gregations of Ottumwa petition and
request the city government OF Ottum-
wa to pass an ordinance making pun
ishable by fine or imprisonment or
both, the production at any street
fair, carnival CT other place of amuse-
ment, any immoral or unclean show,
exhibition or performance and that 1T
be the duty of the city solicitor to
prosecute the parties responsible for
same. This ordinance shall be made
to include moving pictures of similar
Objectionable nature"
Answer With Letter.
The matter was taken up by the
commissioners and gone over care
fully. While the commissioners do
not look with favor upon the kind of
shows against which the petitions
protest, they feel that the matter can
be controlled more thoroughly under
the state law than under city ord1-
nance. The letter to the churches
was written this afternoon by the
commissioners and reads as follows:
Ottumwa. Iowa. Jan. 5, 1916.
Rev. B. F. Patti, Rev. c. A. Field,
J. Royce Brown. committee.
Gentlemen: We beg leave to &C
knowledge the receipt of your favor
Of January 8, 1916, submitted with
uniform petitions and resolutions
from the adult bible classes and men,
bers of the churches and congrega-
tons Of Ottumwa. petitionfng and re-
questing that the city council pass an
ordinance making punishable by fine
or Imprisonment or both, the produc-
ton by any street fair carnival or
other place Of amusement, of any i'm
moral or unclean show, exhibition or
performance, and that the ordinance
be made to include moving pictures Of
similar Objectionable character.
We would cal! your attention to Sec
ton AJAX of the supplement to the
code of 1913 reading as follows:
Immoral plays, exhibitions and en-
tertainments. Any person who, as
owner. manager, director, or agent, or
in any other capacity, prepares, ad-
vertises, gives. presents, or partici'
pates in any obscene indecent, immor-
al or impure drama. play, exhibition,
show. or entertainment, which would
tend to the corruption of the morals
of youth or others, and every person
aiding or abetting such act and every
owner or lessee or manager OF any
garden. building, room. place or struc-
ture who leases or lets the same or
permits the same to be used for the
purposes of any such drama, play, ex-
hibition, show or entertainment, or
who assents to the use Of the same
for any such purpose, If it be so used,
shall be guilty of a misdemeanor, and
upon conviction thereof shall be pun
ished by a fine not exceeding one
thousand dollars or Imprisonment In
the county Jail not exceeding one year
or by both such fine and imprison-
ment." ......
You will notice the punishment pro-
vided by the law just quoted Is a fine
not exceeding $1,000 or Imprisonment
in the county Jail not exceeding one
year. or both such fine and imprison.
ment.
The limit OF punishment which a
city can fix for a violation of an or
dinance is fine of 500 or thirty
days in Jail. city in Iowa cannot fix
a punishment of both fine and impris-
onment
=. Such an ordinance, to be at all ef-
fective, ought to carry the limit of
punishment which a city has the pow
er to impose-thirty days in Jail or a
fine of 500. The penalty under the
state law quoted above is much more
severe than a city could possibly fix.
If there should be an ordinance and
a conviction hereunder, it is GER
tainty that the defendant would ap-
peal to the district court Of Wapello
county, as he would have a right to
do. and the matter would have to be
tried out in the district court. 1t
seems to us that there is ample pro-
vision in the state law for the. punish
ment of the kind of exhibitions refer
red to in the resolutions and petitions
which your committee forwarded.
The council does not look with ia
vor upon the kind of shows and exhi
billions against which the petitions are
protest. and it seems to us that the
matter can best be controlled under
| the state law, with its more severe
penalty than an ordinance could fix
Yours very respectfully,
F. H. Carter, Mayor.