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

breaches OF the psace OF ucmistaksbe character
was the duty Of be copservsOrs Of the peace 70 pre-
vent tnis offence The history OF markind shows sna'
there IL o,hin2 about which they gill move more gree
oily and dercely struggle than against oucoAcn meats
tie defendant here acted In driving the W ques
ton by direction Of his employer, sho ven kne~
tDa' they were Violating a. ac' OF MsemDy, 'or .ne
Law plain, and the decree on II recent They acte1
In violation OF itpot through aoy principe Necessity,
or supposed necessity, bus simply for gam, ths ev-
deuce clearly shows aud the prisoner Was bound 10 know
the law does DENY chat he knew the purpose dis
driving the car a. the time of tho arrest, ~as sSc1D3a
REQ by noise sufficient as see testimony shVws 'aS
greatly interfere with pnoc worship and DISTURB the Dub
hc along she line aod vas Accompaeec by ac'o~o Of DER
sons and soYpe rdery ndnct II the
believed think this constituted breach of the peace
Sabbath ordained and established ioe &C. o.
1874 and ba: under tbs an aress vas pro
travelling, or riding for recreation even hrssch
OF the sabbath and persons not be arese1 for riding
Along the syests Tor such purposes Tue disturbance,
any, occasoped by The vehicle ~onld be for nsaut
sno Dot be soon recurring That unlike in cnaa;
Ter the carry ing OF passengers IN vehicle aoos the
.he company on ,he DAY The arrest vas made;
for worldly business, unless the bust
res. done eoas actually disturb The peaca Of tue neigh
borbood Then it amounIs 70 diG'rent offence from
that for which the penalty, the act OF 1871 s proyifed
and this IL all that be necessary 70 say 10 answer
The application Of tue &C. of 1896 to the case
in hand.
The provides that where statute epons anything
10 be done particular way, or ases peuaty 20 the
noiDs "a ~ nv spe 'ou' " ic nsu~' snp.u 10 10
Owed and 30 other Tbs penalty Imposed ny the act OF
1894 ~ iof the performance Of worldly emo o; ment-s
punishment for the au The ofeacs comp anei OF here
~o.," sa,nvnn ,n ina na snDa- ., !, 40 cav
W. OF ne oaeace onAsea' ho' covered " 'hs
Although Christians Of all denominations look upon the
Institution OF the sabbath ss divine origin yet IL
aures s.utes 70 protect ia ana tina &c. OF
nff 10 cd
nn,csc s,snhS h's ,S, n ,od .n. na sa
psp VIZ, IA e'' ye .seo quo pauo
w oa"uam TIE p."no usvs 'sn' W sue 'eneh VI
OF % ,rssn y, S,n ,es snn "as 70 ~,
sn W HI.e.ups spo un'uT o@noo oompepssaon i"r "
ee I've Ieuose ne eV" IL oo tIrest Jan pe n.oe ior
,ue uauce 40 VI coSereu oy sne worthy pur
snis OF 10 then u viii ioio" tnat whenever
h"!e pfon'aoe 70 cary on busn ness py paying Ihs
peuAy vi 'ouI o"sfs lhSh I'd a"sem rom ", tnere VII
he found pefsoJs In the community ready, publicly and
regaoiess OF sne peace NJ fosieiy 70 engage IN IT,
III spor', our oohs VII DC license lee for tne rgnt
70 carry on the most noisy empoymens-n may be IN toe
most puoho pscee-on tos Sabbath day, instead OF
penay 10 secure its observance II our railroad com
pao,s may run By paying the penalty all may roo and
ali the omnibnses, drayr and csrts In tue city the
same terms Where would be toe peace aud quiet OF the
Sabbath in sucb event thu? These v'egs DO No.
make the law they illustrate the beDess and pro
pr,e'y OF the remedy applied
This city has for one bun1red and fifty obeysd the
sw faithfully IN is onservauce Of the Sab Ain day aud
BOT percepole ~herein either is prosperity OR charac
Ter hss suffered II IL e likely 20 do 30 those most int
rested must apply 70 the lag making power OF the com
mcpweatn they wish to exercise privileges at
withheld ana prohibited. Railway corporations have
ceped ther Charters under the lay as we'll AZ other ave
OF tne sno ana should not be rst 10 grasp powers not
gwen intn ID the exercise OF these nightly proht.oe and
beneficial frsDcntes. bestowed on them By the loeray
OF the STATE oaS the prisoner s In custody on and by
ustgasop OF the passenger railway company for rhcb
be wsp diving not denied pro hac ce and the discus
son OF bis rights greatly made 10 depend the rights
OF hs employers
They were not ignoranty violating the laws 10 direct
log The running Of their ipes.ed that the
prisoner II insisted that the VIC ttion
be but solitary "trip, DAY; rather 20 he 10
augurson Of new era, resting isef not
laws Of our happy land, bn the plss Of pro
press, liberal sentiments, smodidcaOns suit the
Of the see. OF other countries, possessing neither
morality, virtue, freedom or Independents
These considerations were more operating