, 1874-07-19

! By way OF illustrating - Puritan pollty when
pet1iied in Legislation" I" the New York Ecening
Poa reviews recent decision Of the Supreme
Court Of Massachusetts upon the subject Of v1o-
latons Of the Lords day. The facts Of the Case
may be tl1us stated: Madame Feital, living in
Charlestoxn. rhile riding in = horse-car belong
| ing to the Middlesex Railroad Company On Sun
day, Sept 6, 1858, met with an accident by which
! her leg was broken. She brought suit to recover
| damages, and the Railroad Company meanly
| interpoaed plea that she Was travelling on the
Lords day, which Was not lawful To this the
| lady responded that she was travelling lawfully
to and from divine worship. Upon this plea there
eusued the usual demuuera. etc., and finally the
lower Court ruled that She could re-
cover damages she we're really tray
cling to attend divine worship; othor-
wise the State OF Massachusetts allowed no
compensation for injuries sustained in travelling
On the Lords day. Tho issue before the jury,
character Of the services. It appeared that the
plaintiff usually attended church IN Charlestown
when the services were performed by ministers
Of the game faith Is herself. But on this ooca-
sion her meeting-ho1se was closed, and her at~
tention was attracted by m advertisement Of 8
camp-meeting in Maiden, At which Miss Laura
Ellis was announced to give "physicial mani
festaHons" in tent, charging Is cents admis-
sion fee She therefore Travelled over the road
to attend that meeting, and while on her return
root 1ri}n J1.a Hni1v
pany denied that this WAS divine service The
proof was that Miss Ellis WIS put into box
With her bands tied; music was heard
coming from the boz; and when it
was opened Miss Ellis Was found with her
hands tied. and ring that had been On her fin
ger WIS perceived to be On the end OF her nose.
The Railroad Company not only denied that this
Was divine worship, but insisted that It was
"idolatrous show" The jury, however, moved
probably by the meanness Of plea that the travel
held that Miss Ellis entertainment Was Of re-
ligious character, and gave Mndame Fetal SIS, 600
damages.
The Company appealed, and the six Judges OF
the Massachusetts Supreme Court, after due
deiberation, affirmed the verdict In this case
the whole law WAS discussed. and previous cases
Of violations OF the Lords day were cited. Some
Of these we're curious. During the war of 1872,
. post 1ider entered Massachusetts village
On Sunday morning, having the news Of
the British occupation and destruction Of
Washington City. He spured bis horse acroas
the green Of the mecting-hou In
which, at the time, the congregation were sing
ing the LXXII. Psalm Tho Deacons arrested
the disturber Of the Lords day, and NEXT day he
was prosecuted and fined. The case Was appealed, |
and the Supreme Court Of Massachusetts eol- |
eonly determined that, II the accused was tray
cling post-haste On public business ~without |
blowing his horn," the Deaoons we're wrong; but |
il he blew the horn he v1a miserable Sabbath |
breaker, and liable to prosecution.
L later case was also cited. James and CANA
iel Sampson, two God-fearing men, who 1egu- |
larly attended church three times on Sunday |
and taught in the Sabbath-Hchool. cultivated q
farm IN the Town Of Scituate. In that region
seaweed is used Is manure for the fields On
Saturday in November, 1854, occurred = violent
storm which cast Rn immense amount Of sea-
weed On the beach. The brothers attended
the three services On Sunday, but, On going
from the Last service at night, they noticed
that the wind was in such quarter that the
outgoing tide would float away all the soaweed
which had come in the day before. They there
fore proceeded to the beach at 10 p. m., loaded
cart, and hauled the seaweed to point On the !
beach where it would be out of the reach Of the
tide. Tho next day there was general turnou:
to gather aeaweed, but II had all vanished, sa7e
that which james and Gamaliel had boarded the |
night before. The people o5 scituato were
shocked ut the Sabbath desecration, and the two
criminals we're tried and convicted.
After elaborate arguments the case was decid-
ed BY the Supreme Court Of the State three
years later. E1-Attorney-Genoral Hoar, then
On the Bench, delivered the opinion, which con-
cluded that taking the seaweed was not work
Of necessity within the meaning Of the Law; but
how it would be it whale had happened to be
stranded on the ahofs ~ need not determine"
Z tbs aaprsus Cnurt q tn Puritan Stats h |