| Show BOISE WIDE OPEN TOWN LAST SUNDAY Supreme Court Decision In Scenic Railway Case Re Responsible Responsible OTHER AMUSEMENTS FOLLOW I 1 I iii ut Opinion opi nion In II I Choke Choice CIa la In nl 11 Primary Jl Jn I t I Special Correspondent Corr nt J IW Aug Au 11 the tho pas peo I 1 Br B K g 1 or nt tho the somewhat famous 1 lIdl ret rL r 1 ln lAW by b the last leg I ig 4 In fn nol WB Will I fo for ti i time a n wide open town own I l t This was wn duo due to 10 the fact list Hi th II court rendered a IL 1 tIe Ie on nn fl the Ihl ilay Iny previous holding hol a n r cpi rn N In Is not amenable to the tha thap thep ther p r ns nM of or this th law In n short that It IL Itu ILl u II l ii t unlawful or nor Im Ins Immoral moral mora dangerous or detrimental to tho putli pu JI health to conduct a 1 rail 1 sn 11 on OTt Sund iy j The IMIO In before tho court nn I t dt ot th Ih Park Amusement t company which took an appeal from the thi court whore where n a ent of 10 ii 4 and anI u II t tine line of or o ISO no v 1 i aid upon tho the company mon man monI f V r t I i l n on Ill Sunday Hun la this t f i i 1 In III vim lIlt th White WhIt City on the tho lu M gr gm ill Iii i S turning I Iu establish in III In IS I M lb Ihl k i rit city Ity including also almit tho the i h It Light opera om pra company t t us under the advice of or their tutor reyn tey rf who hOlt hart carefully studied tho the tit Of the tho court and Its II III I e and meaning nil agreed d to 10 keep kep and run their establishment establishments lust last SunJa which they th did din without any an In c on the thc part of ot the time tie lit ti That Thill part of tho ho opinion upon which the Ih moving picture men rolled In Is II as os fol rol follow low loII This ThIR clans of legislation Is up upheld upheld upheld held munich as all an on exercise c of ot tho tim pollee poll co power pow of or the state toto Tho The prohibition of ot public amusements on nit bunday must mut mu t rest lest st on the thc theory tint thit It Is necessary either for r the th protection of or the public morals the public health haIth or the tho public peace reace and safety This amusement Is In Innot rat not per pr fe p e unlawful or criminal nor l I lIt h hIt It Immoral Imm or dangerous or to public health It Is IR a R wholesome innocent amusement In Int cahir t er tn tD prohibit such an amusement we e ought to find linel the prohibition with within in Ia the statute either In llO llIe torms terms or ur by clear Implication The Tha moving picture men mn over aver that exactly the tM samo linn line of reasoning to 10 0 their amusement Further than that tint they go If 0 to the technical phase M 4 claim shelter as Cs A lId the tha promoters under un the tho th claim that Ihal the SundRY Sunday rest law la In does cloe not eith either elther er fr by b p terms lenny or by b clear Implication Implication cation prohibit a I moving picture show hou aho on Sunday OP OJ LAW Section fellon of tho thu law state that t lat It bo be unlawful for any person or Tenons PerSons In tho the state to keep keen k elJ op open oln n on Sunday any theater playhouse race racetrack racetrack track merry circus or show concert r S iloni billiard hll U or pool pooh room bollt alley olle variety hall hull or any an urh place of ot amusement Aut At J II Peterson and A Alst AIst st Atty All C C P McCarthy In the case taso before tho the supreme ourt emphasized their contention that the a i en railway wo IM similar to tn B a 1 merry mft and ond although not specifically pp mentioned in the statute It Was iu prohibited under tho the general terms or er any such place pIneo of ot amusement The supreme court overthrew this theory It 11 Is la further contended by b the tho proprietors proprietOr etOr ot bt f the moving picture establish c menu meats that their particular class of ot If amusement does doeR not como coma under the tho purview of the law for tor the th reason that hat the r rIme amI me In Iii I not specifically hold 1 that a 11 ovine picture entertainment Is la not a 1 theater nr or a playhouse Touching on this i point the opinion of ot the he court reads The chief objection to mo t of or the tho public amusements and amid u is t not to tho the amusement tea foa tr e t elf hut but to tho the habit of ot the tho pro Iwo of ot such places adding to 10 theta them immoral corrupting or boisterous fen fee ture turp tures or r attendants until time the public lublic rebels against them and de 10 mands and a 11 total cessation That will 1111 ba be the refill with lIh this amusement If It It t Is IsM nn net M ran t orderly order and decently The TheM a aalam M nt above aboe referred to n II I the Ib railway i I rn In dl other amusement tea fen turf hires d hv by h th tho statute In cues tUl ten teti m art rt stated The evidently prohibited on nc nr I I fit Urt t the noise It t mal makes es an the th Jr al m K t It i t l IR usually located In the mw mait of the tha residence portion of ot the thc Uy ty town or Ho tar fur an as tho thu rev ftc record ord urd ho this railway l III not lint attended by b the thc noise nolle that character lie i the tho Again tho tim of at the time under con is III KU ii lit tt to render It Hury that It have huc a great moro more rix rom m than the time requires require and as liS a conie It must mullet be he located ed OIl outside of or the principal residence of or till the community and und will wili therefore he be further removed I from the tha generally and an l from ruin place of oC public worship This class clau of ot legislation IH Is upheld eol h as nn an exorcise of ot tho the police pow POll power hower er of the state The prohibition of ot public on mutt malt therefore rest on the theory that it t U Is I III either cither for tor the protection of ot Hut him public morale the public health or ortha orthe orthe the tha public peace anti safety It that the time moving men mph other proprietors of ot amul ment will undaunted ed ad their performances luring the time com corn coming comIng ing lag Tho count attorney however hUll lias declared declare 1 that warrants of ot arrest will be he upon ellch and anil every everyone one ammo of or them excluding possibly tho the scenic railway manaKer The rime Irl oui t therefore In III their im mill if it future trouble lirA are Ipar preparing ing in themselves to tn carry carT arr He to tn thu Iho court C ns as woe done III In tile the Instance III above Ill II 0 with the II that hut fair play I t Idue 14 due du them t Ii I If Ir I t titi mh iu ii iii Ii Is I Ii allowed l to remain open nil all I hauld lii IMPORTANT ii The supreme court on un the test leat c case e as aa to 10 law Ill in m n to tt and amid second s cond choice cholet in tIm the tha direct y held that It was aa naves noc fill nui to ole oIo s lI It that s begun began Hi lust lint it of or run Hi Tim Thu 11 came as os a clean surprise to a u grout glut many and ban baa ha mi Ill tho ur of thu tho gubernatorial In tat IL There lhor her line hati hll en for rUI UI I is to 10 0 the th of or Pt choice woe wan or MIdI Miili candidates ns us tone anti that hut It U would oulU hi L hi hell luN Id mandatory and amid that they the tho would thel by b lime hue un 1111 excellent of nr sourIng o tin tie tI nominations of ot time the lILly law held h ld that to vo Vote vol second bc choice chile was nos rIme Tho WH ivus brought last Ian III It wok week In thi th Ourt U It b II y nc cv 1 ei kIl ii nt attorneys The Th out OUI t toil ay decided us all slated dated 1100 Its It iU Ie In Iii regard repard t to Opell i ei OIl Mill HIli re reo remains mains doubtful to I Ic here The ftC vote ole ote will enter into the contest conlest llio Ihl A lie court holds that ono one can cun write In till the name lIam of any on one whom they choose whether he lie has hall l his imie nomination papers jr not lIot and this lila probably will provo I fOO tn t tIn bo In a II doubtful factor In the time t The Tho decision lon was Wn as eagerly Irl received d by hy thosa Interested d In the contest and while there ther won IM groit grett Kro t surprise expressed 1 at lit time the derision of ot the tho court still Mill ninny mommy be boo believed that such lIuch would have been the tho case calc ErtL BUSY nus D B C return returned ed oil 1 Sunday from a trip In Iho ho south southeastern eastern portion of tho time state slate whom he h hent went ent to attend to business affairs roll coo with his office and reports rl the crop crap conditions as aa being excellent TIm Tho Ih continued drouth has hams frightened dry dr land farmers In that section of or time the somewhat but It Is II thought now no that their crops crupe they timey the will nut bo be as 15 largo large as 08 usual will at nt the sumo 1 11 time mo be u II great deal hotter bolter than Ihan was expected tomo blue weeks ago BITO ahO When hn asked by b The Now News representS live Ue concerning his hi own candidacy y for or tho ho ral stat stated stated ed Id So bo tar for as I olin tell lell Is III favorable The Time work of ot my lilY ciTe offic hIss him hll boon bOn so 80 heavy during tho ho last twi hoJ years oars that It ham hR boon bon Impossible Im for tor formo tormo mo ala to make personal visits to the vari various orl ari orlOU ariona ous ona OU count counties leu of ot the thc state late for political purposes I 1 have ha 1 tonal found It nece n necessary e i ry to devote my m entire time to 10 the tho th office and bo be on the job Joo aJl the tho hum but train from time tho short hort business bu tripe trip I J intro have heel been compelled to 10 make mako and front from cor car correspondence from the port part of ot the Ihn state I believe that tho the peo pee people peelie pie lie In that portion of ot the state stale at nt least will Indorse my m n to the extent ex lent of ot nominating and electing me nie meto moto nieto to n a second I ond term a policy polle which lias has always been followed toll owed In the Iho he state where whre nn on officer has haue conducted his of ot flee well and satisfactorily during time the first flut term torm I 1 might say oft Ia that during my m term about 30 cases cupa have havo been argued and submitted to the supreme court of or the tho state and all of or these cases cues except three thre havo have been decided In favor or ot the tho state The Time went on to 10 say nay sa that tho the land business of or tho the state has hn been ben especially largo large during his hili term cram Ho lie has hAR attended to Into date 10 land board meetings and said that practically ever every 11 notion action of or tho the board on every proposition had been ben unanimous that hint IB Is all nil tho thin members of or ti the thA board have hR voted ns nl n a unit The land hand matters In tho stats state till courts court and before the Interior department have flee also been ben enormous Propositions J Are arising concerning state Und land that have never arisen Arl fn bo tam toro fore In tho the history of ot the state anti nn these thes queStions must mu t be I f watched 1 cal the th states Interests guarded with great During the administration of the t the th local option law of o the come late Into effect offet end And it fell upon his hlo shoulders to defend time the legal Phases of ot this law In tram from the attacks of ot f dealers who left I ft no tone stone un unturned turned to vitiate the tho law or at nt least l a t by b bu u u ii I IJ IA J A t tt t 4 L t J WALTER P T FREAR J JJ J 1 ot or Hawaii to In render the law lal In Ime 0 There half hse mare been tee n no to Ii If than hail 11 II dozen of nt Ihl line hue of Pt caie aI In instituted in ill time the court ourt on III marl rl ou omit ouo I hn of nr this law lam w but bul It II hal leen uce u fully defended thus thu fi ft agaInst all comer Concerning the success of nf the Iho II ml kt Itself after the the am tr nw wn Who very n ni l could sro no ne ground tot tl tha tint the Republican ticket tI kl not nul ot b II be elected 1 from roam the time top lop to the tho bottom DOOMED DOO mD Sheriff Janice James A Bennett Hennett of ot this county being moved moored by numerous com corn complaints plaints from the citizens of or this city against the manner In which the time city administration has hn allowed the evil to 10 spread 1 through h the respectable districts of tiC time tho city has haR an edict tl which pronounces o the tho doom of nil all ills dis disreputable reputable operating In nol liaise e l The following Is his public statement Unless II tho Iho th city author authorities III take rome Forne action In the Immediate future to remedy Immoral conditions which prevail I will IngA age relentless warfare against n nil disreputable estah establishments which time the Ih police have lIac al nl allowed lowed to ti become I com scattered l throughout the Ih business and anti residence re districts of ot I know kno nn I believe n II large majori majority ty t of ot the people of this Ihl city know knots that conditions condItion here are nr becoming In to decent people Time and amid again the tho newspapers have hA called at fit attention attention to existing evils vils and amid officials of ot tho the present city administratIon have made madl statements which would Nm to demand some sonic drastic action and these thee matters have 11 been no on II forcibly present presented ed d to mo me that under my oath of ont office although It might teem seem naturally ll to In tobe Inbe be IC a 1 matter for tor or municipal Jurisdiction I have determined to take the situation In hand myself bless th e places place are confined at lit once ont to tn some restricted district anti and that class In Is segregated I will take teko steps to put them all nut out of ot business I J am Rill not n a candidate for rr and amil do cia not know kno that I eer ever lit his h and lind therefore have haf no political axe to grind nut flut I sincerely believe that tiit conditions have reached such nn an acute stage that It becomes my m bounden duly duty In serving ler ing log the th heist interests of this thia county count to take tako tub position Following closely on the time heels heIll of or this order a II great number of or arrests liars hav hR been made ninde nod nud ninny many of or these thee char chair characters chAracter actors acter have been ben escorted to the tin depot and forced to 10 leave leavo tho the city CALLING AILING OF n Another of lit if the tho very pry ery earls eaily pioneers of ot till hits Capt Half died last lait Friday night after a n lingering Illness of ot more than two years carll Capt died 1101 1 from cardiac dropsy drops Ho lie Hohas has ha been one of the lie prominent In Idaho history since Inco time Uio early pari days both hoth In and amid political cIrri circles s P I 1 ho ha has been heen n it Democrat nil all imle hili life lite Ho lie was n a mi member of or th tim Masonic lodge lode Boise Holse order No i anti that order will nil conduct the funeral services |
