The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1920-02-10
One Death Reported to Board of
Health 3 O'Clock.
Total of Nearly 900 Patients
During the Epidemic.
TOPEKA Flu RECORD

POnCemen stationed IN front or local
theaters this afternoon refused ad-
mittance to all persons. whether hold
ing tickets or not, in accordance with
instructions from the city board of
health. enforcing the flu ban which
showmen declared they would disre-
gard.
There will be no shows in Topeka
this afternoon, nor until this ban has
been lifted" declared Chief G. C.
Hannah as he stationed himself in
front of the Cozy theater at 2:3O
o'clock.
The Cozy operator started running
his picture machine and was told by
Chief Hannah that he had his choice
of stopping it or going to jail. He
''Win there be a. show here this
afternoon persons coming to the
Novelty would ask OF the management.
yes, at 2:30 O'clock" would be the
reply.
You can't go in here,'' would be
the brief statement of the policeman
as he placed himself in the door.
Several persons gaining admittance
10 the lobby were escorted to the walk
again by officers.
The ticket seller at the Novelty was
told to sell tickets and tell patrons to
demand admittance to the theater.
Demands, however, fell on deaf ears
as the officers placed themselves in
the doorways.
Call Out Night Shift.
Within a half hour after the time
for the shows to start the crowds
around the doors had gained the pro-
portions of mobs. The night. shift of
policemen was called out by Chief
Hannah to help in keeping the shows
closed.
Bring Injunction Suit.
The theater men of the City, thru
their attorneys, E. D. McKeever and
j. B. Larimer, will bring suit TO en-
join the city board of health from
further enforcing the influenza clos
ing order, McKeever indicated today.
A conference was going on in Nc
Keever's office this afternoon, and a
definite plan of action had not been
arrived at The appeal for an injunc-
ton will probably be made before
Federal Judge Pollock at Kansas City,
Kan. McKeever said, but it is possi-
BILE that the action may be taken in
the district court here.
In the meantime the shows will
remain open for business" and the
public is invited, according to Nc
keever. The theater owners affirmed
his statement that they would be
open.
You can't restrain the health
~
ing back the crowd. There won't be
any shows this afternoon or tonight"
The Novelty began redeeming tickets.
All shows failed to put on perform
ances. the police being successful in
keeping crowds out.
Discrimination, Says Hooper.
This is pure, unadulterated dis
elimination" declared C. L. Hooper
manager of the Orpheum theater, as
the police turned people away from
the doors. I'VE will have to get into
court and decide it at once. Otherwise
we may be caught in the same fix
next winter and spring"
THE theaters of the city will close
and stay closed during the influenza
ban, If il takes every policeman in the
city to enforce the order" was the
ultimatum issued by DIR. Earle G.
Brown, city health officer, today in
reply to the theater owners threat.
The theater men hold that the order
IS discriminatory.
To Test The Case.
"Counsels representing the theater
men came to me last night" said City
Attorney Branaman, and wanted me
to bring suit on behalf of the city en-
Joining them from opening, as they
had threatened to do. told them the
city would bring no suit. but for them
TO go ahead and bring one if they
wanted to- 1t is my opinion that they
cannot bring injunction proceedings
against the board of health. but They
might bring habeas corpus proceed
ings to test the ordinance in the su-
preme court"
Keep Patrons Out.
: "In a conference I had with the
mayor this morning" continued Bran
aman, II suggested that he instruct
the chief of police to put two or three
policemen in front of each theater-ol
six If necessary-and. il they tried Il
run. keep the patrons fronJattending
1t woul' be of little value to arres
the owner. if there was no restriction
put against operation of the show anC
attendance by patrons.
THE city will bring no suit, but will