The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1920-02-11
SHOWS TO COURT

tC0nt1nued from rage One.t
health board were read by counsel for
both sides.
DR. S. ]. Crumbine, secretary of the
state board of health, said he did not
believe the city authorities had the
power to close up essential businesses,
but insisted that theaters, circuses,
churches. schools and other public
gatherings could be closed under a
state statute.
Mckeever called the attention of the
court to the fact that the theaters
have contracts with performers for
weeks to come and that they are I'M
der obligations to fill them. He also
by the theaters in working up their
business, advertising and the expense
that must continue whether the per-
formances were given or not.
In their petition, the theater men
charged that the city ordinance which
granted the power behind the closing
order is unconstitutional, because it
denies to the plaintiff fair and Impair
tial protection. The petition further
charged that the closing order is un-
just and discriminative.
1t alleges that it will not accomplish
rits purpose, would throw many wage
earners out of employment, while
other and more favored workers
are allowed to go right on earning
their daily bread.
Plaintiffs claimed that the theater
managers were forced to close their
places of business without sufficient
notice to protect them from irrepar-
able loss, thereby causing them large
financial loss and their employees large
financial loss.
Point Out Other Places.
The petition stated that tie closing
order omitted the shops and office of
the Santa Fe, which employ 1900 and
A L.
retail business houses, which house
5000 persons daily, as compared
with the 1000 that attend the theaters
daily. The attendance at the stores.
the petition alleged, for one-half a day
is greater than that of the churches
| in week.
The action of the city in placing po-
licemen in front of the theaters Tues
day to see to it that they did not oper-
ate was bitterly assailed in the petit
ton. The policemen, it alleged. have
/ constantly annoyed and harassed said
patrons with threats of arrest ana
threats to take them to the filthy and
germ-infested police station at the
corper of Fifth and Jackson
| No Other Cities Act.
| None of the larger cities have adopt
| ed the closing order plan to combat
the influenza. according to the petit
/ ton.
The theater men asked that, after a
| hearing has been held, the injunction
against the board of health be made
| permanent.
/ C. L. Hooper. owner OF the Or
pheum and Isis theaters, was arrested
4 and placed under $500 bond. together
with his operators, Harry Smith and
Gregory Bryant. Hooper, determined
to make a test case, ordered tine oper-
ators to keep their machines running.
4 The cases will come to. trial Friday,
the thirteenth.
Police Tuesday afternoon and last
night kept guard at theater entrances
! and would not allow patrons to enter.
: The police department obtained q
large truck to haul violators to the
police station if the shows had opened
last night Chief of Police Hannah
issued orders to take every musician,
usher, ticket girl and manager to Jail
but all of the show houses were dark
awaiting court action today.