GIVE BOND OR GO TO JAIL.
SUNDAY LAW VIOLATORS WERE HUR-
RIED TO THE CRIMINAL COURT.
Judge Wallace Wouldn't Allow Them to
Wait Until Tomorrow -- "You're
Next," He Said to Barbers--
A Tight Lid To-day.
No cigars to-day. No shaves. No haircuts. Last Sunday these luxuries were available. But not to-day.
The cigar dealers indicted yesterday for selling on Sunday were counting on one more day of immunity. Then to-morrow they were to flock to the criminal court and give bond. It had all been arranged by their attorney, T. A. Mastin and Albert Heslip, county marshal. Then Judge Wallace heard and--
"What, allow them to keep open another Sunday in defiance of the law?" he exclaimed. "Not at all. These cigar dealers must learn that I mean business. They must be brought in immediately. They'll give bond to-day or go to jail."
THEN FOR THE WARRANTS.
The judge sent for the marshal. The marshal had gone to Independence. The judge then sent for Herman Weisflog, chief deputy. When that officer emerged from the judge's chambers he looked worried and he was mopping perspiration from his face. He seized a bunch of warrants and the first on the pile was one of thirteen indictments for Dan Lucas, a negro proprietor of a barber shop on Main street between Eighth and Ninth streets. He handed it to another deputy telling him to serve it.
"I thought you were going to wait until Monday," the second deputy said. "That was the agreement."
"You are not to think," was the reply. "The judge is doing the thinking."
Then the chief deputy began distributing cigar store indictments among the other deputies for service. He telephoned the news to the attorney for the cigar dealers and asked him to help.
BUT HE THOUGHT WRONG.
"I thought we were to come down Monday," the attorney protested.
"That doesn't go with the court," the deputy replied. "You will have to bring your clients here and give bond to-night. The judge says he will be here until mid-night if necessary.
Then the attorney telephoned the judge. No use. It was only a short time until those who had been indicted began arriving at the courtroom. Judge Wallace accepted bonds until 6:30 o'clock. Then he went to dinner to return at 8:30 o'clock. He took bonds until 9:30 o'clock last night. He required a bond of $600 for the first indictment and $200 bond for each succeeding one. Each bondsman was interrogated closely and none was accepted accept owners of real estate.
The first to appear was J. W. Hearsch, a dealer at 514 Grand avenue.
"I am an Orthodox Jew," he said. I close on Saturday and open Sunday."
"This isn't your trial," the judge said. "If what you say is true you will not suffer. Your bond is $600."
The next were Dan Lucas and his eight barbers. A deputy marshal had arrested them all. This resulted in closing the shop for a while. The deputy allowed the barbers to finish shaving customers in the chairs and then took them to the criminal court.
LUCAS TRIED TO ARGUE.
"There's nothing in this Sunday law against barbers working on Sunday," Lucas said. "I made a test case of it once and beat it in the supreme court."
"That was a special law against barbers alone and unconstitutional because it was class legislation," the judge said. "You were indicted here under the general law against working on Sunday, which applies to all classes of labor and has been upheld by the supreme court. All the other barber shops have closed. My advice to you is to do likewise."
The eight negro barbers sat in a row waiting for their employer to give bond.
"You're next," the judge said, indicating the second after the first had given bond. "You're next here like you are in a barber shop."
As each one gave bond the judge called "next" until all had qualified.
"Now, Lucas, I'll say this to you," Judge Wallace said as the negro barber prepared to to: "I don't wish to be severe with you if you show a disposition to comply with and not defy the law. If you close I will let you off easy, but if you defy the law you will have to take the consequences of a prosecution on all these indictments."
The negro barber said he would close on Sunday. He returned to his shop with his eight barbers and hung a Sunday closing placard in the window.
Miss Agnes Miller, owner of the cigar stands in the Kupper and Densmore hotels, was among those who appeared.
"There's a young woman; have her come up here first," the judge said.
Miss Miller advanced to the clerk's desk and acknowledged her bond; then she left the courtroom.
THEN A CAPITULATION.
Meanwhile the attorneys had learned that the marshal had orders to arrest "on view" any cigar dealers transacting business to-day.
"But," an attorney suggested, "we may not be able to get word to all the dealers of the agreement. Will they be arrested?"
"If the deputy marshals find any cigar dealer transacting business they will notify him to cease at once," the judge replied. "Should he comply he will not be molested. Otherwise he will be taken to jail, where he will be required to supply a bond or be locked up."
Then the judge began to make fine distinctions.
"The cigar stores," he continued, "may remain open to sell candy, news matter, soft drinks, fruits, nuts or any food that is cooked, so that it may be eaten on the spot.
"There's a distinction between food that may be eaten on the spot and food that must be cooked. One sort is a necessity, the other isn't.
THE NECESSITY OF CANDY.
"Now, why is candy a necessity, while cigars are not?" somebody asked.
"I have looked up the law carefully on this subject," the judge replied, "and I have determined that candy is a food necessity. Children must have it. That is my construction of the law.
The dealers who agreed to close to-day include the owners of practically all of the down town stores and of the hotel and drug store stands.
The theaters, however, under the protection of the federal court, will be open to-day as usual.
