The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1920-02-11
THEATERS MUST !.
STAY CLOSED is
ORDER OF COURT
Judge Mcclure Denies Flu Ban
Injunction.
Holds Health Board Right in
Its Quarantine.
DISCRIMINATION WAS CHARGED
DISCRIMINATION WAS CHARGED
ShOwmen Took Plea to Court
After Police Action.
McKeever, in Argument, Belit-
Ties DIR. Browns Order.

Topeka theaters must stay
closed until the flu ban is lifted
by city health officials, Judge
Mcclure ruled in the district
court late today. Judge Mcclure
refused to enjoin city officials
from interfering with perform
ances as asked by Topeka show
men. He upheld the right of the
health department in putting on
the ban.
Arguments on a petition brought by
theatrical managers for an Injunction
against the city board of health, mayor
and commissioners continued at a late
hour this afternoon before Judge
James A. Mcclure in the first division
of the district court. The showmen
asked to be permitted to open their
theaters despite the flu ban which
they are fighting.
The action was brought by B. ID.
Mckeever and ]. B. Larimer attorneys.
in the name of the Kansas Amusement
company owned by L. NJ. and Roy
Crawford. 1t cited the case OF the
Novelty theater only, but involved all
theaters in the city. 1t was alleged
that the closing order of the city health
board was discriminatory, unjust and
unconstitutional in that it closed only
theaters, schools, churches and SINH
lar gatherings while the Santa Fe
shops. offices. the department stores.
the street cars AMI other institutions
where large crowds congregate were
allowed tc- go unmolested.
In his argument D. H. Branaman.
city attorney. declared the closing
order was made in the interest OF
public health a1d that a FEW paltrs
dollars should not be allowed to st md
in the way of its proper execution. He
declared that if necessary. the city
board would close up every institution
in the city to prevent the spread of
the disease.
| Brown Tells of Policy.
| DIR. Earle G. Brown. city health
officer, later endorsed the statement
on the witness stand. In explaining
why he had not closed the stores.
shops and other institutions Brown
said the board had not considered it
necessary
How many people must die before
you consider it necessary" asked Nc
\ keever. Counsel objected and the OBJ
/ lection was sustained.
Brown said that while there is dam
| ger of infection where even two per-
sons are together, the danger is not
| 50 great in stores as in a theater be-
I q
| larger area and for a shorter time
I his is especially true in the Santa Fe
shops, where there is an excess of ven
tilation and little heat, he said. In
the Santa Fe offices, he pointed out.
| the employees are spread over a large
| floor space, while in q theater they Sit
side by side for an houf and a half
and inhale each others breath.
l Branaman read the state law con-
cerning the authority OF city boards of
| health issuing closing orders and It
I was observed that the ordinance Gre
ated by the city commissioners fol-
lowed the statute very closely. The
| police power of a municipality has
| jurisdiction over the health morals
and safety of the public. he insisted.
and cannot be enjoined from exercis-
| ing this authority in a lawful manner.
| McKeever denounced the closing de-
cree as a "lop-sided ORDER ineffi-
| cient. unlawful and discriminatory.
Churches Incentive for Bathing.
] This injunction" he said, lis
sought for the reason that this law
discriminates against the plaintiff in
favor of dozens Of other businesses in
the city where the danger of infection
where more persons congregate for "A
longer time and with more flu germs
than in the Novelty"
4 He humorously stated that closing
the churches is unnecessary. as they
furnish an incentive for most persons
to take bath Saturday night, put on
a clean shirt and collar in the morn
ling and sleep peacefully and without
disturbance thru the services. More-
lover. the churches are not crowded,
he asserted
Citations purporting TO uphold and
Ito denounce the action of the city
lContinued on Page Two-l