House v. City of Topeka

The opinion of the court was delivered by

Harvey, C. J.:

This was an action to test the validity of an ordinance of the City of Topeka. The trial court held it to be valid. Plaintiffs have appealed.

The pertinent part of the ordinance in question reads:

“An ordinance prohibiting the sale of any groceries, meats or vegetables on Sunday; providing penalties therefor; and repealing Section 5-1506 of the Revised Ordinances of the City of Topeka, Kansas, 1947. Be it ordained by the Board of Commissioners of the City of Topeka:

“Section 1 — Every person who shall sell or expose to sale, any groceries,…