San Andreas independent., 1858-07-03
The Supreme Court Declares tho Sunday
Law Unconstitutional and Void.

|
Law Unconstitutional and Void.
On Saturday last, June 2s,h, the constitu-
tionality Of the Sunday Law" enacted by
the last Legislature, was brought formally be-
fore the Supreme Court of California, aud the
law declared void. The question was pre-
sented in the following form:
En- parte Newman, on Habeas Corpns.-The
prisoner was tried aad convicted before JUS
tice of the Peace for violation of the Act Of
April, 1858, entitled :" An Act for the better
observance of the Sabbath" and upon his fail.
ure to pay the fine imposed was imprisoned.
The counsel for petitioner moves his dis
charge, on the ground that the Act under
which these proceedings were had il in con.
| fict with the first and fourth sections of the
first Article of the State Constitution. and
| therefore void.
The hrst section declares "all men are bv
nature free and independent, and have Ger.
tam lnalienable rights, among which are those
OF enjoying and defending life and liberty
acquiring, possessing and protecting property
aud pursuing and obtaining safety and happi-
ness" fp'-
The fourth section declares "the free exer.
else and enjoyment of religious profession and
"orsnlp without discrimination or preference
shall forever be allowed in this State"
Ihe questions which arise in the considera-
ton of the case are:
lst. Does the Act of the Legislature make a
discrimination or preference favorable to one
reiigious profession, or IS it a mere civil rule
of conduct?
I'd. HIS the Legislature the power to enact
municipal regulation which enforces upon
| the citizen a h,+;u 4;
ordinary lawful and peaceable avocations for
one day in the week?
On the first question above stated, the Court
held (Chief Justice Terry rendering the Judg-
ment), that the law does make a. discrimina-
tion favorable to one religion and detrimental
to others; and hence the law is in conflict
with our Constitution, and void. The ceebra-
ted Sunday Mail Report" of Hon. X. NJ.
Johnson, is addaced as authority, and the
judgment recites that if the Legislature once
perform an act which involves the decision of
a religious controversy, it will have passed its
legitimate bounds. The precedent will then
be established, and the foundation laid for
that usurpation of the divine prerogative in
this country which has been the desolating
scourge of the fairest portions of the old world.
Our Constitution recognizes no other power
than that of persuasion for enforcing religious
observances"
On the second point upon which the petit
TONER relied for his discharge from imprison-
ment, to wit: 90 Has the Legislature the
rnnpicipal u1.,to pxxyb; ;cI,
enforces upon the citizen compulsory absti-
nence from his ordinary lawful and peacea-
ble avocations for one day in the week ?"-
The Court held that the Legislature tran
scends its Constitutional powers, when it lays
down an arbitrary penal rule in the premises
that each community and each individual, is
the legitimate judge of the periods of rest from
toll which the state of his health or physical
energies require; that it cannot be assumed
as wholesome political economy that penal
laws are necessary for the protection of socie-
ty against the tendency of men to over-work
themselves that if left wholly to the laws of
will at proper times, from the influence of self
preservation, seek the requisite rest and ces-
sation from tois. AS well might the
Legislature fix the days and hours for work,
and enforce their observance by an unbending
rule which shall be visited alike upon the
weak and strong Whenever such attempts
are made, the law making power leaves its le-
gitimate sphere and makes an incursion into
the realms of piey siology, and its enactments
ike the snmptuary laws of the ancients which
prescribe the mode and texture O.; peoples
clothing, or similar laws which might prescribe
and limit our food and drink, must be regarded
as an invasion, without reason or necessity, of
the natural rights of the citizen, which are
guaranteed by the fundamental law"