Show - t - i ' I - - 6A - - The Salt Lake 'rriline Friday March 17 1967 ftli law I feel that my duty'course than to disapprove the A magazine store could stay act capable of Interpretation by bons already set down by thelupon to conslder the constitu-lcom- e Illustra-Isam- e court that would be called'tionality of this bill If it did be-- as governor permits no other measure open but a book store cetildlthe average merchant not This would discriminate tively proprietary medicine and milk may sold Oopen to clues- - among sellers of publications ' ' 1 57777t:::::77:177' ' Section 2 (3) allows "servicetion is whether the numerous :''': : ---':hi'!:F:::1-::!:-:-:"3 and activities which are gener:baby formula substitutes such Simif: 1 r'-- : - f ! ki-- 54 It ally associated with the promo- - arModilac Nutramigen le e4 ' irt:-:re i'?ri-)- ' ri4 i tion of recreation" to stay open lac and the like may be sold ft!'- - 7:I:0if'sy '1 !f ' 72 t''' infants pttrsuThus it would seem that a pro In many cases ' ':'' ' :' ii ' '1' shop at a golf course would beiant to a physician's advice Three album styles each with looseleaf open ti ': it "' t "generally associated with therequire one of these substitutes ' seem would milk It in Id and of of recreation" place promotion would therefore could sell golf balls that such commodities ''' -'i ' lifory or brown with gold fooling tees and various other golfingindeed be necessary to the C of health and above: while a sporting "maintenance necessities 1v f P :' ilife" goods store could not : it 0 'album Flip-A further example of the More Discrimination ' '‘ 7)(10" size reg 249 149 vagueness is found in Sectidn 3 I' fel' l ' I discrimiThis unreasonably i' 4:7: Ten 3ix5" pockets on each page holds 20 pitfr i which prohibits the sale of "toys nates among sellers of sporting other than souvenirs" without tures Comes with 2 pages Refills each 39c '' -- k ! t goods f !t or definition an enumeration 4 - - -- ' - - ' I ---- Portrait t NI elbum The most significant objection from ' distinguishing "toys" ' 0' 00" ' -Secin '''''- ' to SM No 82 is found 10)(12" sizereg 400 259 i "7 er i' --- "souvenirs" this exemption is ' ! tion 2 (6) lot the bill Section Shown closed- - Contains four 8x10" acetate ' I of wholly incapable interpretstI'"-- ' ' 2 ) t provides specific service ion covered sheets Refills (plain acetate covered 1 but '' and product exemptions each 20c or gummed acetate covered) ' 3i i These are only a few ex 2 Section (6) exempts any place 0 of the myriad difficulamples below: of business having three or less - 1' ties to be encountered in an King-siz- e album employes 4 flip-- it to give the act a rea:z : 'cl t' attempt L 1: '''i't'U ':1 Thus large stores may sell sonable 912x10" size reg 459 288 As a construction '''') i ! f only specifically exempted prod- result Each page has two rows of 312x312" pockets the act is void and ‘Ni :!:- - i: 1A5:: 1:: ucts while small stores may sell unconstitutional Refills hold Include 2 to 40 ! under Utah pictures pages ' ' " any product Constitution Article I Section each 79c What reasonable basis of dis- 7 as well as Section 24 t ‘ 7'''): C''''''1!!i 1 A ' ) r14' tinction so far as the public Scrapbook ! 4 ii:l to Veto Duty health or welfare exists between 1 10x13" size reg 279 179 ' the operation 41 a store with —It has been- suggested that I -- -- Brown or '‘- screw-potom -three employes and one withshould approve and filled with is struction grey pages t leave the determination'tfcons- four employes? ---FIFTH FLOOR STATIONERY --' '''' f The law is also lyltitutionality up to the coats 1 0 ' --' 1 : unconstitutional on the groundThis might be an appropriate t 4tj''':'4t of vagueness In both Section 2i p rocedure had I no other objec- ' and Section 3 an attempt Isitions to the bill and were its made to define which services constitutionality in doubt activities and sales would be However in view of the objecicluded therein tions which I have set forth in — HoweVer this attempt at defi- the first section above and in Phone and mail orders filled Indicoie 2prf color choice nition does not sufficiently deli- view of the further fact that this for delivery Irt our Wide delivery area dial In Solt take City area IN Ogden area Moil orders to BOX 1465 add 42x in Provo woo 2eivik737 outlying arias neate and qualify the broad gen- - bill violates beyond any doubt postogeplus 312 Wet tax In Utah (316) e ral terms so as to render thel the very constitutional prohibi- ballEMIMMIEM I Governor Tullis Down : - IsrinsiPleS alreadY decided In similar cases by the Supreme court of the State of Utah - will discuss the two points in the- above order 4 4 a Is' 4 ' i cd """' "- -'" 1 Economic Considerations ' - ' ' i ' -- turquoise - :::: - 't - I :i: 7 7K 1i - ' i ' ' ' i ' : ' r - : 0 ' -- : -- r' t the extra day of operation ap pears to be about countebalanced by the spread of fixed coats Over the greater volume of business forming could not be open I ! - --- j Is- - - -' i : i ' :-- I I t i I i ' thbill l i ! '' s i::v -i st 1 1: : 1 i : -- - 1 : i'22-'id1-0:- --- v :‘ 1 -- - -- 1 v'l i ''"--- --- i: 0 - 1L0-- N - 0' ' repairs This would discriminate against certain automotive and mechanics repair operator I ' 1 i - f - -" - been advanced princi- upholding Sunday closing when they have been attacked pally by the management of under the provisions of the 14th large mercantile stores who are Amendment to the US Constiseeking the passage of the law tution See: Two gruys from Very few mothers of families n Inc v this office have contacted 366 US 582 (1961) McGinley advancing such an argument McGowan v State of Maryland Based upon all the representa- - 368 US 420 (1961) Braunfeld v tions made in this connection I Brown 366 US 599 (1961) conclude that those indi- lagher v Crown Kosher Super viduals who feel deeply enough Markets 366 US 618 (1961) about their religious obligations On the other hand the Constland their obligations to their tution of the State of Utah and family are not going to shop on the decisions of the Supreme Sunday regardless of whether Court of the State of Utah are the: stores are open or not c o n s i d e rably more restrio Those who desire to shop on tiveThe present statute quite Sunday are not going to be clearly falls within two into recreational or so- - dsions decided by our Supreme cial activities merely because of Court in of a the unavailability place Held Unconstitutional which to shop Furthermore the v Gibson 140 P evidence indicates that while a 93a9dbenth i n 1943 2d held lc h few families do the weekly gro- unconstitutional state a Sunday eery shopping on Sunday the law and Gronhind v great majroity of Sunday pur-- closing Salt Lake City 194 P 2d 464 chases are small items which which in 1948 held unconstitumerely represent a quick trip to a Sunday closing ordi- the store rather than a protract- nance of Salt Lake City ed shopping expedition There is Both the Broadbent and he very little Sunday purchasing of Gronlund cases hold that it is major items or personal proper- within the power of the Legislaty such as furniture major tttre to enact a general Sunday automo- household appliances closing statute The constitutionbiles etc al problem arises when the statue begins to provide for excepLoss of Income ' It is also asserted that it Is tions to the general rule that all gainful employment roust cease unfair that certain employes son Sunday and begins to permit should have to work on Sunday some firms to open while others which is the day of rest for the must close or to permit the majority of the people Once sale of some types of oommodj again this argument has been ties while prohibiting the sale of advanced principally by Mel others managers of major stores who Article I Sec 24 of the Constidesire to stay closed While tution of the State of Utah prosome of them purport to be vides: speaking for their employes Uniform Operation only a very few of such em this positaken have 'All laws of a general nature ployes and those that have shall have uniform operation" tion outnumare overwhelmingly he court has uniformly struck bered by employes many down laws under this section of them part- - time workers where classifications of what and students who express a the law permits and what it fear that they will lose their does not permit and what per employment and their family sons are affected and what perincome will be reduced or cut sona are not affected are off if the labor force of their unreasonable and arbitrary employers had to be reduced Furthermore it is a fundabecause of the reduction in the mental principle of constitutionrumber of days of operation al law that criminal statues Employes today are protected must be sufficiently definite and by wage and hour legislation certain that a person can tell against exploitation by unscru- without question from a reading pulous employers either in the of the statute what Is prohibited matter of hours of work or sala- and what is permitted ries Whatever other efficacy The present law offends Sunday closing laws may have against both of thes constitueven more They are not needed for this pur- tional provisions pose If such is the purpose of clearly than did the statute the bill it is singularly ineffec- struck down in the Broadbent tive as the commercial estab- case of the Salt take city Ord1-- 1 lishments covered by this act nance invalidated in the Cron-hin- d case employ fewer than 10 per cent of the 321000 Ilthans employed Arbitrary Sales In pursuits In the Cronlund case the SuEconomic arguments for and preme Court of Utah stated "It against Sunday closing have is to irrrnit the sale centered more or less around of arbitrary a can of beer on Sunday and two factors: (1) the price of prohibit the sale of a can of orgoods to the consumer and (2) ange juice or a can of coffee" the financial health and stabiliThis identical Inconsistency is or ty of competing commercial found in the present bill and is ganizations only illustrative of numerous There has been no showing such inconsistencies and arbithat there Is any observable dif- trary rulings as between comference in prices of like articles modities of a similar nature and based noon whether or not the persons similarly situated store selling the items operates Following are a few other exsix or seven days a week Flu amples: service stations the thermore ' there has been no primary business of which is showing that there is an appre- selling gasoline and oil may ciable difference in profit mar- stay open Such service stations gin of stores themselves based could employ mechanics and upon the number of days of perform automotive repairs operation The increase In the Yet a business primarily opvariable expenses occasioned by erated for the purpose of per- automotive ' 1 1 IP ! - St '''POV10TQWN : 4r:r : - r 1 il i-Dr- — w ALWAYS FIRST QUALITY LJ if et ilitii(0( ERG - 44 e ' 0 11(5'1'-- 44 44 4 - 7 (AA-- :relkr - f itL) - 4 ' FANTASTIC REDUCTIONS! ‘ FASHION VIOOL SP:ZING COATS 1 1 i t - "i ' and ::: :: t ss -- 's - -:- 1 - 7 ::- - : 7:: : :'' ':t"-'- ':" t ": - Sesond floor Downtown - - 1 I ' t A r '1'1' 4 :''''4''''' lF" ' q s1' - le itA: V ' 9qt A :: y is'ti1-- 'ev- 'AND VEST 4 - f 4 P' C t ) 17 I rVigl) '''- Of ‘ 2 4 ''' sizes 35 to 40 4 y $'' SLACKS -- r ::V4'1 CONTRAST 4 1t' 13'41‘C ' C SUIT BUY! 4(" ! ' ' b) "!: 1ct :I e i °kle- 1 sze 36x 7 to 114 Outstanding selection styles for Easter and after — for dress and school wear Lots of colors In styles that include shirtwaists shifts klines and more all in fine quality fabrics that ars machine washable little iron ing needed a:' N :- ' 4-P- ' k '71-- '' f in MEN'S "1- -c ”' vt 4 A vP- c" 4— ' 4 - and - e- "'17---------:-44 '" )) 2--- 99 ( )! These values will amaze youi Down Bought town Event thesis coots are in wool and wool blend s with the smartest detailing ever! Bisouti- Jul bright Spring-timcolors with quality tailoring Don't miss these values nowl Many choi- cosi :: — 1 t VALUES! t -- 45 :11 EASTER DRESS i! - - 4 r': t:'' ''' :I' GIRLS' DAINTY t A EARLY AND SAVE! l''''''?: 0 t SHOP 13 ' -- WOMEN'S 11 ' i --- -- l'i:' 1 ' i - ' (1-5- Gal-wou- f to ' Harrison-Allentow- i ! 1 er' has ' r 1 ' ')r:1:'T ' : t''' t:'1 !i4 4: f - i I I Mile -- ' I : d - p: ' I agree with the conclusion reached by my predecessor Governor George D Clyde when he vetoed a previous Sun day Closing Bill in 1959 Covernor Clyde stated: "I have been forced to the conclusion that the major sup-port for SB No 24 comes from a group of retail merchants who are seeking by this means to withm regulate competition their own industry" r SALE: albums Ly '' -- ')is our society becomes more more and more it complex belcomes necessary for the state ponce powers t4 exercise its police power to restrict the freedom of the hid!- - While I am entirely in arnPavidual where such freedom thy with those store owners who rrrght be inconsistent with the desire to remain-closeon Snnpublic good However in order day and wish that their competto:preserve the dignity and free- - itors vmuld voluntarily remain dam of the individual each such closed this is an economic cornattempt must be carefully petitive battle in which the store weighed to make sure that it is owners should not be permitted trply required by the public in- - to enlist the police power of the terest and is not merely an state attempt to regiment the citizen- - For the reasons abovve stet:--raz fbr inadequate reasons ed I feel that the intrusion of The bill states that "the Fir- - 'his bill on the rights of the indip6se of this act is to promote vidual are not warranted by the the health recreation and wel- - benefits which would result to fare of the people of the state of the public health welfare or Utah" Those who have advo- - morals cited the signing of the bill 2 Constitutionality: have maintained that closing of Those who have argued in the prohibited stores on Sunday favor of the constitutionality of wrl enhance the health and wel- - this bill have relied principally fare both of those who would on cases from the Supreme" stiop and of those who'would be Court of the United States ertaployed on Sunday In regard decided in recent years to- - the shoppers the theory ap- More Restrictive pears to be that if individuals in agreement that the am did not have the opportunity for I in question would probastatute be would Sunday shopping they not be held to be unconstitufatced to spend more time in blY under the provisions of tional more reareational activities and Constitution time in joint family projects the federal Court of the The Supreme leading to strengthening of fam- United States hs been liberal in howevThis argument Rifles laws - : e ti -- Regal and S unday Cl osin(T Law ' CAntinued From Page One - '1 ''' I ' handsome ' suit that ' ° Ives d versatility to your wardrobe Fine qua!: sty suit with on extra pair of contrasting slacks and a smart reversible vest Perfect for dress business or campus Wrinkle resis tont Plain front trousers : color ' ' - 4 ' ) 4L 1 4 iL "it 1 : "'0 ' 6 ' N"' '''it-- 9' I i17 o fr t Main floor Downtown Downtown - Third floor 01N s i 99 1 -- sizes 8 to 16 " - 1 33 — 4 Alli 3 to 6x 7 to 14 The very nicest cotton you'll find for your casual dresses Colorful plaid design in slim or fuller skirt styles short sleeves and button or zipper front closures Downtown Downtown SPORT SHIRT SAVINGS! $ - 2stioze Cute styles In versatile suits Fine Orlon acrylic that's bond ed to tricot for shops retention and long wear Pretty pas- tel colors Easy pleated skirt Como Orly! 7 - SiKond floor Third floor JR BOYS' QUALITY KNIT SUITS 799 0 - Downtown ' 9 - Smart cool wrinkle-resistarayon and acetate suit that add lots of interest to his wardrobe It's a smart suit plus an extra pair of slacks plus a reversible vest SPECIAL EASTER VALUE! GIRLS' ORLON 2 98 PI Mezzanine Downtown Y 6 to 12 Big special reduction for this Downtown event! Comforta- ble colorful canvas shoes that give lots of bounce to all your sport and casual wear Come early and savel INOMEI11SDAN RIVER SPRING PLAID DRESSES misses and Half sizes slits n Such pretty fabrics and colors! Choose several to meet all your needs Easycare cottons in prints and solid! Long or ' short sleeves assorted collar styles Downtown — Main floor ' BOYS' SUIT GREAT EASTER VALUE! SAVE! WOMEN'S AND GIRLS' CANVAS FOOTWEAR BUYS! WOMEN'S TAILORED AND DRESSY BLOUSE SAVINGS! 10-WA- 4 indeed it's big savings now at Downtown Penney's1 Regu- ' ' i tor collared style with cool short sleeves Great choice of washable cottons in plaids and solids Third floor Downtown ' Third floor — - 1 WOMEN'S NYLON STRETCH MEN'S EXCELLENT QUALITY WOOL DRESS SLACK BUY! - TAPERS GREATLY REDUCED! 99 Sizes 8 to 16 99 4 Downtown t Second floor 1 24" length Fabulous buy and reduction! Higher priced 100 worsted wool fabrics in brown and olive tones Universitygrad style with plain front Sizes 32 to 40 Hurry in! Sleek and smooth fitting ankle length tapers of 1 00 nylon that have all the stretchability you want! Fabulous reduction now — don't miss the value Many colors Downtown EASY CARE FLOCK DOT TIER CURTAIN BUY! 50 2884 Lovely sheer Dacron polyester tiers with each tier trimmed with smart airy ruffle at bottom for an extra look of dainty elegance! Choose pink turquoise yellow! Main floor Downtown - 250 30" length 36" length i Basement s ' QUALITY FASHION SANDALS! WOMEN'S-PENNE-- I ' 4 TREMENDOUSLY Downtown - Main floor ' : Downtown VALUES Group Much higher priced ties now reduced Come see the lino selection of stayneat fabrics In various widths Patterns paisleys solids and stripes Buy several! Fashion sandalt women of all ages enloy wearing Choose gaily trimmed straws and vinyls Assorted sizes I REDUCED! 50 ' sires ' TERRIFIC PIECE GOODS POPULAR ALL SILK TIES Y ' STOCK UP NOW! - 1 Group t- li 4 88 See the Group I Dacron polyester poplins and cotton plus other sports fabrics Group II shows fine bonded knits wools and other much higher priced fabrics Downtown Alain floor 4 losomont 4 m"J - 1 1111 Z 7 ' tiludel 2nd South going - 100 New 1 fo 1 Spaces I i Present rarking ' DOWNTOWN PENNEY'S OPEN hiON AND FRI NITE TILL East " 1 USE YOUR I CHARGE PM ' CAVE! I k it i ‘11 |