Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1859-07-28
REVISION OF THE STATUTES.

In the Boston Daily Advertisers report of
the proceedings on Tuesday, we find some
things worthy of special note. The chapters
concerning the observance of the Sabbath. and
liquors, were uHderr ecaodhssid AGRA and
the proceedings in regard to them were as fol-
| lows =
The SUNDAY QUEsTIoN.-Mr Luce of Ed
gartown moved to strike out the section for
bidding travelling on the Lords dav excent
from necessity or charity. The motion was
| lost by vote of to IA. Subsequently,. Mr.
Luce moved reconsideration of the vote re-
tusing to strike out the section, and, after de-
| bate, the yeas and nays were ordered. when
the motion to reconsider was lost by the fol-
lowing vote =
feas-Messrs; Arnold, Fox, Hinckley, Luce. Par
der, Spoford, Tucker, Warren-8
Nays-Messrs. Bacon, Branning Brimblecom
| Cobb Davis. Hartwell, Merrill, Miller. Norcross
Hnelps, Rice, Russell, Simmons, Summer Upham
| Walker, Wentworth-11. P-N'
| Absent-MessTs. Borden Brooks RutIer Conn;,o
chamberlain, Eldrdge, Fabens, French, Johnson
Lothrop, Morton, Odiorne, Peabody, Shepard
| Stearns-l5 f'
Section L of this chapter gave rise to a pro.
tracted debate. In the commissioners report
it reads as follows =
| Sect IL. Whoever cOnscientiously believes
observed as the Sabbath, and actually refrains
| from secular business and labor on that dav
shall not be liable to the penalties of this chan.
ter for performing secular business or labor on
the Lords day, or first day Of the week: pro-
vided, that he disturbs no other person
MS section Is the re-enactmento of section 10
of chapter so of the Revised Statutes. Tho
marginal reference in the Revised Statutes is
Sergeant & Rawle, which is an old Penn
sylvania case, to the effect that Jews. &C.. are
not excused from the penalties of the Sunday
laws, notwithstanding they observe Saturday
and abstain from worldly business on that day.
The section was new enactment originating
in the Revised Statutes 1t is not found in the
report of the commissioners of 1885: and nv
the journal Of the Legislative committee of
1883 1t appears to have been adopted on the
motion of the late Hon. Robert RantouI. ,Jr..
with citation of the Revised Statutes of Con.
necticut, in which code it is found in nearly
the same words.
Mr. Spoford of Newburyport proposed to
amend the section by inserting after the word
Labor, In the last part of the section, the
words cor travel" The amendment was
adopted, after debate, by vote of 10 to II, as
follows -
ley, johnson, Luce, Norcross, Parker Simmons
Spoford, Sumner, Tucker, Upham, Warren-l5
:, Nays-Messrs Brannng, Brimblecom, Canning,
Cobb Hartwell, Lothrop, Ierrill, Miller Rice Rus
sell, Walker, Wentworth-l2.
The section WIS also amended by inserting
travel after the word Cuisines" in the first
part of the section. A notion made by Mr..
Hinckley of Barnstable, TO amend the same sec
ton SO that persons conscientiously believing
that any other day than the seventh ought to be
observed as the Sabbath, and retaining from
secular business, shall not be liable to the pen
atty, was lost. Mr. Parker of Worcester NOV
ed to insert "liyery stable" in section l, so
that person keeping open livery stable on
the Lords day shall be punished as i'll other
cases. Lost, IL 10 Is, as follows:-
Yeas-AIessrs. Bacon, Canning, Davis, Fox, 10th
rop, Luce, Parker, Russell, Sumner Upham, Went
worh-l1.
Nays-Branning, Cobb, French Hartwell. Hinck
ley, Johnson Merrill Miller, Norcross, Rice Sim
mons, Spoford, Tucker, Walker, Warren--15.
Mr.. Spofford of Newburyport moved to
strike out section six, prohibiting games,
sports, plays, or public diversions, except
concert of sacred music upon the evening pre-
ceding or following the Lords day, unless Ii
censed and to insert in section one "be pres
ent at" instead of "take part in" so that per-
sons present at game, &C., shall be punished.
Lost, to 10, as follows
leas-Mcssrs. Davis, Johnson Luce, Parker spoE
ford, Tucker-6.
Nays-sIessrs Bacon, Branning, Canning, Cobb.
Fox, French, Hartwell, linckey, Lothrop, Merrill,
Miller, Norcross, Rice, Russell, Simmons, Sumner,
Walker, Warren, Wentworth--l9.
The Liquor QuEsTIoN.-Mr. Spoflord of
Newburyport moved to strike out section 33,
which provides that the delivery of intoxicat-
ing liquors shall be deemed prima fdcie evil
dence Of and punishable as a sale. Lost, 3 to
IL. On motion of Mr. johnson of Arlington,
the word "cider" was stricken from the first of
articles to be considered intoxicating liquors
within the meaning Of the chapter. Suisse
quenty, Mr.. Brannng of Berkshire, moved a
reconsideration of the last vote, which motion
was laid over under the rules.
Mr.. Spoiiord Of Newburyport, moved to