The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-07-25


VERA CRUZ, July 7, 1859.
Tsae sunday Car Que.tIon la PhissdeI pmiS.
JUDGE TboMpsok's DEclsIoN-TnE DEFENDANT NE
hANDED.
The suureme Court room al Philadelphia vded,
OF saturday Afternoon, ny who ANXIOUS 70
hear the decision Of Jusge Thompson the habeas
pus IN The caAe OF William II. Jeaodeia, the driver OF
the 6Teen and Coates ral~ay hue was
charged with breach Of the peace in driving a
SGndsy ieet.
Pie filed long before one O'Clock the hour
cssd for rendering the decson the persons
entertained themselves each otner by tue
chances, and by attempts TO predict what
eeSsiOD OF the Judge. feu mnutes O'Clock the
Jadge look bis seat and after he read the following
Geoision:-
prisoner Jesndela arrested the 18th inst by
cficer Sergeant Orr, on Instructions from tho Mayor,
~ne N the AK of driving one OF the Of the Green
aud Coates Streets Passenger Railroad Company, filed
who passengers, at Coa'es AID Twenty second street
fne arrest to0k place abou. O'Clock P Of day,
AHA tnofty after the starting u the he OF
the ordinary drivers OF thst line, and ie admitted
81 ,be time driving for hre for De company ths ous
rss OF conveying passengers and along line OF
mpapy road ios the day fare IL appeafs
ron the letter OF the PRECEDENT the company TO .he
NJ gor, that zoe Intention of TIE company 70 run
Their care 90 the day meniioned under certain rsgua
tons az 10 the rate OF speed In passing churches and
changing 'ner bells for Others making noise The
MAYOR having received the notice. thought his duty
oect ,he arrest OF those engaged orvug the ears
upon Tue grounds OF q breach Of the peace
The evidence disclosed tna. the full OF pssssn-
gers snd was Testified that toere WAS considerable
ano DISCUSSION on the subct Of the arrest; and
me rignt Of this line 70 ther Sunday. aso
appears pretty large OF people
ec'ed oeo, OF the company and a. the Of the
arrest that al ter the aod the conductor
arrested there was singing 10 me car Evidence was
beard without hscon on both slice, as To and the
question OF alleged breach of the peace and the
made by those IL the Cars, Rud OF
tur by the itsef II appeared that cars
bad been and aopg this line the preceding Sunday
ppd several witnesses testified that M greatly
the public worship 10 of the churches along ne
&c wei as TO private cizena Thus evidence proper
showing the extent o. the dstu banCe which far
The bad eone incident to the running The day
o. TIE arrest and What the extent would nave been con
Nuued. Toe Witnesses for the wealth gene
rally Of opinion that the running Of great dis.
turbance of the peace and quiet the Sabbath
Oo the other SIDE was claimed that the noee made by
The car was only such as was incident TO thst mole Of
conveyance, and not dstur banee 70 any Dconve
bent extent And 10 this effect they examined everal
witnesses.
THE question for deter uiuation now is whether the
prisoner guilty of breach OF the peace only
able for the penalty inflicted by the of 22c o. April
1884 perfoI ming worldly employ Lords
Dsy commonly called Sunday" II the latter, he be
discharged but guilty OF the former he held to
answer 10 the Quarter Sessions at its next term
That driving pubic Conveyan for hire is doing
wordy employment within the provisions Of TING statute
cepnot be doubted snce the decision OF the Court
Of the Commonwealth We. Johnston, 10 Har 1O2
Il was elmiar case AGAINST an omnibus driver line
between Pittsturg end L2wreaceviie, and driving for
pay, for the owner OF the ne and it determined by
majority OF this Court that thus violation OF the
act o. Assembly OF 1894 This st~tute the
fepDsy the subject Of Sunday The statutes of
1905 and 1856 had existed prior thereto, but
particulars supplied by the 1874 The PROVISIONS
Of ali OF them seem to have had IN view the oojec
the prohibition OF doing performing worldly business
Oh The SABBATH Gay, aud establishing and maintaining it
b, POSITIVE civil ensctmeat Gay of sud repose
The penalty imposed by the at of 1874 tor breach f s
"a the OF four collars for every
ohence sod IN default OF ent, imprisonment for Six
osys II were determining the liability OF this defend
ant unoer the evcence 10 the penalty Of the act could
hot hes,tae moment to Say he hal incurred It, on am
not different question arising out Of this act the Oh
ject of lhs inquiry ana that Is, whether the Defendant,
IL dong promoted by Law, aid in a manner To
Drua q
the act Q consequent Of worldly employ the
Sabbath to be taken ~ prohibition Of the act Walls
23 Carthew, D. $50 has been decided that penal
y covers the continued inirsctcns q whole Gay II
Cefsay cannot DC commended that every violation OF that
statute necessarily breach Of The peace. Work noise
tessy and quietly done mag disturb one, and Still
performer Of H. if proceeded against, may haze pay
toe penalty, but you'd be aDswerable NO further.
Bus wnen worioiS emp o?uent e carried on ia suca
and IN such places 70 disturb the pes ard
TIE ous exercises of the communty, either at come
IN churches or places OF pU0c worship aud n1E7
not cannot be strained By the Imposition of toe de
bned penalty IN the ac 90 not such circumstances
stute breach OF the puoc peace Of the Sabb=th and
keep the pesce2
thot work thus pub iey performed might anouct 10
breach OF the peace, have beeu tue opnion Of
Chef Justice Ilghrnan In the case Of Com. Eyre
5. r 3'7, be said the violation OF tho abbath is
crime which deserves punishment Blu. when the work
done 10 without noise disorder there s nothing in IL
Ike actual breach of the peace
smirr language was held by Justice Yates in The same
The converse of tho proposition is clearly deiucble
U0rU the statement oi ~ IN the terms used.
Ia Dupuy vs. Common wealth, Be. Ref. Al Kennedy
j. citing a. Nis Prus, ssd that "dong unnecessary
WORK, TO disturb the worship OF Others, ndc:a
bie.' arrested and held TO for this prison
er would be held 70 good behavior in .oe meantime So
in Teamen IS Common wealth, 1 Phil Ref. 4eO.
ft yrs IN attempt TO hold TO bail newsvender FOR
,ry ing aud selling papers Sunday. Ga the hesring
Judge rnom said -; Che crying 0f newspsp the
public streets Sunday breach Of the peace 20
night the oysternnu cry hts oyeiers, or the Charcoal
man ring he bell The peace OF Slnda. may be disturbed
by which other days canno. be compsined Of.
soch acis as interfere with The rights Which the aw
vouchesfes the public who desire thai day
es period Of religious observance and rest from worldly
business
IL regard 20 this question concur IL the doctrine that
the law gives TO the public the right OF enjoying tie Sab
bath day OF rest sDd Of rel oUs exercises, free srd
clear OF all disturbance from merely unnecessary and
Tha, where the law is conravened in such manner as
20 dsuro that enjoyment by noise Or disturbance accon
papy iDs 1t, or incident 10 i.
The prsorer discharged and the reseor stated By
th, learned Judge in tho that W had appes AIRED
tca any person complained Of being disturbed by the de-
foudant That aocoslet By him pur
pose OF eeiig bs papers, such complaint would nave
rendered tho defep liant liable 10 tie charge made"
surety OK the peace, 90 understand the cases
Theee opinions show, rs Tar they 70, TIC inclination
OF the mDos Of the Judges leaving and experience
may be treated breach Of the peace. In ts do 40
mean the dg.nrterco of consceaceoonstrvctlce dis.
turnsncebli sctal occurring long or 60 frequently
INC IN such place as 70 amount TOT pubic distu bsnse.
renee cannot be prevented otherwise than By eatas It
as SUCH and 1t s SO treated "a violent remedies
20 ieoress wrong IF .e mus. wait until breaches If
mo peace ia the ordinary ara week day sense OF the
term occrsi before nterp0se IA preventive remedy
lhen me mischief Done end tue breach Of the public
peace aggravated II the running of cars on pase eneer
ro,ronce Is aoeiurb9pce OF the PUBLIC peace Of tho SAB
path ard the rsos Of Sorshp aud Of rost by reason Of
The NOISE accomanyDg them, and taey rcsrsne
bic by reason q SO efficiency O, existing la VS. ard must
DO prn'sa g contnue bcca they bare no. usoiuced
actual ressta nod coiFion Oh part on or WITH those VIM
opposs such course, they even wiz not in ali probsb,y
Ioag be vnGuug, and may have the rc,ix,tioa
OF shat the ur'sHSa' act has nseepoy 20 produce,