Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-04-24
BARBER SHOPS.
The Recorder Of Memphis Imposes q
Fine for Keeping Open ON Sunday.

L K0O0LUGE
Fine for Keeping Open ON Sunday.
In Memphis, the other day, nine BARRIERS
were arrested upon the charge of keeping
their places Of business open on Sunday.
| The facts were agreed upon, and the ques-
ton of law submitted to the Court.
It was insisted by the attorneys for the
prosecution, Who claim to represent seven
tv-6ye BARRIERS of this city, that defendants
| had violated section 2, chapter IA, Of the
CITY Ordinances, which is as follows:
| at shall be deemed misdemeanor to dc
| or cause to be done any or the following
acts, and any person convicted thereof shall
| be fined not less than five nor more than
| fifty dollars;
| j. To keep ones place Of business open
! on Sunday, or sell on that day any goods,
| wares or merchandise, except tavern keep
ers, who may furnish meals and refresh-
ments to actual guests; apothecaries, who
may sell Necessary medicine; and confec-
| TONERS, who may sell ice cream, soda water
| aud cakea." ,,s
It was admitted by defendants that they
are BARRIERS, that they opened their shops
and did business IS BARRIERS on said Sun
! day; but their counsel insisted that bar
| Der shop is not place Of business, such as
| Is contemplated by the ordnance
j. Because It Is not taxed.
2. Because it is work OF necessity.
The court, after mature elaboration and
| a careful consideration and Investigation Of
the highest authorities, determined that a
aplass of business being in the, common
acceptation of the term place for labor,
v,0I or occupation, the law makers
must have used It IN that sense in this ord :
nance. -
The business of barber as carried on in
| the city OF Memphis, demands manual labor,
employment and skill continually for four
teen hours each day, in nearly all Of the
shops in The Iit5, and therefore the court has
determined that it is not excepted from the
! ordnance.
As to the second point urged by defend
ants counsel, that no license is required
therefor, and therefore not recognized by
the law-makiDg power as business: While
no license Is required by the city OF bar
bers, yet the same is true OF the blacksmith,
the wheelwright, the carpenter, the mason,
| the boiler-maker, ETC., and it cannot be
maintained that these ore pc. United to open
their places of business on Sunday; and for
| that reason the court cannot determine tlist
| it is ex cepted from the Ufdinance.
The Ground Of necessity is equally un-
tenable. The court cannot conceive of an
instance where a necessity, either physical
or moral, would require man to be shaved
or shampooed on Sunday, while it is conve-
nient, yet not so much so as to rade with
the merchant, the grocer or at the market,
and the same reasons would spply with as
much force against thu enforcement OF the
| ordinance in any case as in these.
The court conceives the object and in
tendment of the ordinance to be: to pro-
hibit the performance of the ordinary
worldly labor of life upon Sunday, and to
epioin upon the community the setting
apart for rest, Tor worship, or for both, one
day in seven, when all manner of work
shall cease, except works of necessity or
charity. However much people may dltier
ss to The mode of the observance OF sun
day; or the particular day on which rest
should be taken, yet nearly all agree that
nature demands that one day in seven
should be set apart, wherein the thoughts
of men and their physical activities shall De
| turned into another than their accustomed
channel; its observance contributes TO the
public repose, health, morals and eonven'
fence, as we'll as religion, and viewed By the
true statesman and the jurist merely as
m alter of civil regulation, it is the corner
stone ofpublic morality and happiness.
A fine of s. was entered against each de-
PENDANT by the Recorder.