The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-11-08
The Legality of Running the Cars on


The Legality of Running the Cars on
Sunday.
The Supreme Court in bano decided that the
running Of the cars on the Sabbath was not
illegal in such light as to bring it before that
Court, and also held that the running was
lawful, and not "bresch of the peace" This
opinion was delivered by Justice Thompson,
Chief Justice Woodward and Justice Read
asserting; Justices Agnew and Strong dis
senting. An opinion in the case was de-
livered by Justice Read, and the substance of
it we give in brief. Speaking of the law in
the case, he says:-
By the act OF the 20 Charles the Second, ch. 7,
foI the better obSer vance of the Lords Day.
commonly called Su nday, no tradesman, arti.
hcer, workman laborer, or other person what
sOever, shall do or exercise any worldly labor or
work OF their ordinary eaIlings upon the LORDS
charity only excepted), under penalty Of five
sbillings."
Under this statute, 1t has been held a sale of
q horse was not void such sale not being made
in the ordinary calling OF the plaintiff or his
agent; so q contract of hiring made on q Sun
day between a farmer and laborer for year
is valid, and the enlistment of a soldier by
recruiting officer is not within the statute. The
words "other person or persons" do not include
the owner or driver of q stage coach, aud there
fore their contracts TO carry passengers on
Sunday are binding; so an attorney entering
into an agreement on Sunday for the hesettlement
of his clients affairs. and thereby rendering
himself personally liable, is not Ihereoy ex-
ercising his usual calling; aud the penalty can
only be incurred once on the same day SO a
farmer engaged in haymaktDg on Sunday iR
not within the statute; nor are railways. 'The
statutes clearly do not apply 10 railway COM
panies, so as to render it illegal for them to run
trains for the conveyance of goods or passen-
gers on q Sunday" entity on Carriers, LIZ.
Such was the law of England at the founda-
tion Of the Province of Pennsylvania by Will
liam Penn; for although railways were not in
wells time. Penns views on the subject of
Sunday are to be found in his works and those
OF Barclay, and were the views OF the Society of
Friends, who were the early colonlsts In the
laws agreed upon in England, expression is
given to them In the thirty-sxth law:-"That
according to the good example of the primitive
Christians, and for the ease of the creation
every first day Of the week, called the Lords
daily labor, that they may the better dispose
themselves to worship God according to their
In the great law passed at Chester in Decem-
ber, 1852, we find this declaration as to liberty
of fconscience:-"Nors shall he or she at any time
be compelled to frequent maintain any re-
ligious worship, place. or ministry whatever,
contrary to his or ner mind; but shall freely and
fully enjoy his or her Christian liberty in that
respect without any interru ption or reflection.
But to the end that looseness, irreligion, and
conscience, in this Province, BE itfurther en-
acted that according to the example of the
primitive Christians, and for the case of the
creation, every first day of the week, called the
Loro's Day, peopleshall abstain from their usual
masters, parents, children, or servants, they
may the better dispose themselves to reaI the
Scriptures Of truth at home. or to frequent such
best suit their respective persuasions."
Then came the act of the 22d of April, 1874,
| which was passed the year after the yellow
! fever had devastated our city, and which is the
existing law. The first section enacts that elf
any person shall do or perform any worldly
| employment or business whatsoever, on the
| Lords Day, commonly called Sunday (works OF
necessity and charity only exceptedl, he shall
|
| dollars"
II will be observed that the act of 1852 con-
! tanned no penalty, which was, however, sup
piled by the act of 1900 but the act of l7O5, like
the statute of Ch. 2. did not apply to stage
and this was the wise and liberal law of the
! Province under which grew up the usages men
toned by q. j. Dowrle, in the Com. VS.. Nesbit,
10 Casey, 308, and which would be illegal under
a strict construction of the act of 1894. In l779
and l7S6 the language was g changed, n, ana TINS us
| the provisions of the last named act
From these laws and their exceptions, JUS
tice Read deduces the opinion that the prohi-
bition was not intended to apply to cars or
coaches. In regard to the morality of the run
ming of the cars on Sunday, he concludes his
lengthy opinion as follows:-
Having established the absolute necessity, In
the present state OF our city, Of passenger rail-
ways, and the utter impracticabtlity OF doing
withouC them, why should There be one day in
| not operate? All that ceases on Sunday is COM
mon toll or labor, aud the intention is to protect
| The laboring man, who earns his bread by The
| sweat of his brow. Besides worship and prayer
| there are hours for healthful and innocent
recreation. These are protected by the consti-
| tutional provision.
| We have public squares ana great public
! park owned by our fellow citizens, and in
| tended for their benefit and that or their wives
| and children. Olergymen, lawyers, physicians,
| merchants, and even judges, have six days In
| the week in which they may enjoy all these
! and other similar advantages and which they
may do so cheaply by means of the passenger
railways. The laborlng man, the mechanic
the artisan, has but one day in which he can
| rest can dress himself and his family in their
comfortable Sunday clothes, attend church
and then take healthful exercise; but. by this
injunction, his carriage-Me poor mans car,
not permitted to run for his accommodation
The laboring man and his children are never
allowed TO see Fairmount Park, part OF his
The cars are required on Sunday to carry per.
sons to and from church, and are not these
church. going people entitled TO nave them
The necessity for this clearly exists on Sunuay f iy
and so IL does enable persons TO partake OF the
fresh air in the squares ana parks' ana In th'
But we should not oblige the workingman tc
confine himself to his own narrow, stinlne
room, and forbid him to enjoy the nesh air OF
heaven. We have three long months OF SUM mei
which the lRboring man cannot escape. Mer
onants, manufacturers, lawyers, Judges, ano
physicians run away nom them, and ever
SStelfynen leave their churches, and 60 70 the
1aoSsihhore or to the mountains, 10 avoid tht
fbn fbtLo ~ months OF July and August. Shall mol
b hIs operative have the poor privilege allo wed
irhoA va passenger car on Sunday2
: anv othsr hus "a necessity exists on Sunday as on
: are preventing thousands from attendinC
houses on religious worship.
IaaotitS of g 0Panlon, therefore, OF the entire
leBsellty u running passenger cars ON Sunday
on the same footing with the snndav tpsins q