Allen v. City of Colorado Springs

PLAINTIFF in error, to whom we shall refer as defendant, was convicted of the violation of an ordinance of the City of Colorado Springs which, so far as pertinent, reads as follows: "It shall be unlawful for any person, firm, association or corporation to keep open or to cause any person to keep open any store for the sale of merchandise on Sunday, except when required by necessity; but nothing in this section shall prohibit any person, firm, association or corporation from keeping open for the legitimate and orderly transaction of business any hotel, restaurant, boarding house, bath house, confectionery, retail drug store, livery stable or garage or prevent the sale or delivery of milk, cream, ice cream, fresh fruits, bakery articles, prepared tobacco or papers on Sunday."