Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1875-02-24
THE ,SUNDA Y LAW OF PENN
SYLFdNIA.


As APPLIED TO RAILROADS.
The Commonwealth Of In the Common Plea
\ Pennsylyana, Er, Rel, OF Juniata County,
4 Gro. HAcKrsBEnoER, No. 1853, Sept. T. 1874
s. Certiorari to Justc,
JONI CONWAY. Rreder.
Lou. y. Atkinson for Plaintiff; Edmund S
Doiy, and Lucisn Doiy for Defendant
The Miiliin Iadepead9t publishes
the following opinion, delivered by
Judge Junkin at n recent term of the
Common Pleas Court of Juniata coun.
ty. The facts OF the case are fully
stated in the opinion of the Court
Per CWidm.
The defendant was convicted under
the act of 22d of April, 1894, Bright
lys Purdon, p. 13l5, for performing
worldly employment on Sunday, and
has brought the record before us on
certioraii The worldly employment
consisted in coaling locomotives at
Patterson station, Juniata county, on
the Goth of July, 1874, and which loco
motives were drawing trains of cars
loaded with live stock, cattle, hogs,
&c. The trains had left Pittsburgh
on the afternoon of Saturday, and had
reached Patterson on the morning OF
the 26th, where arrangements exist
for coaling engines, and defendant was
an employee Of the said company.
1t is shown very clearly that stock
Il"
trains cannot lie by fol. twenty-iour
hours without serious injury TO the
stock, there being no provision for
feeding and watering in the cars, and
the motion Of the train itself diver.
sion and relief by arresting attention.
to the animals as they are not nearly
so restive as when the train is stand.
ing.
1t is also shown that no stock yards
exist at Patterson capable of accom-.
modating n train-load OF cattle, and
that none short Of Harrisburg do
that to attempt to deliver them into
the fields for watering and feeding
would require large force of men and
occupy much time, and with some cat
tic it could not be done at all and AT
Patterson il could mot be done ut all
There were over two thousand head
of live stock on these trains so coaled
as aforesaid Here, then, we have the
conditions under which this worldly
labor was performed over two thou.
sand head of cattle and stock, alive, in
cars, could not be led, could not be wa
tered, could not even lie down, with
out food or drink from Saturday noon,
with no yards at Patterson capable OF
holding them, and no force to handle
them, with no chance of relief until
Harrisburg is reached. Under these
circumstances the defendant coalcd
the engines which were speeding these
brutes TO relief and rest and he is sued
for the penalty prescribed by the Sun.
day act of 1894. Should or can he be
made liable under the circumstances
We think not, and might rest this
opinion on the statement of the facts
alone lie did not start the train or
order il to run, he found it there, re-
cognized the necessity of its running
on, until a point could be reached
and where this mass of animal life
might be relieved, and his labor in
coaling the engines in no wise differed
from the Sabbath day. What he did
is covered by both necessity and char
ity. The trainers of the act of 1894.
when excepting the works of "nccessi-
ty and charity without defining tho
works themselves, saw plainly that
they were using terms which, in tho
distant future, would meet the advance
of the race-the changed conditions
of the people--and cover acts una
voidable in their new relations. In
deed, lest too rigid construction
might be given to the words in their
own day, remembering that under the
Mosaic law not even FIRE could be kin
died Oh the Sabbath day-xxxv. chap.
I'd ", Exodus. The act expressly
sanctions the dressing of victuals in
private and public houses, the ferrying
of passengers, and the delivery of
milk before nine o'clock, A. NJ, showing
how liberal were their views of the
necessity of some things. Even then
they well knew that furnaces, glass
works, and many other Industrial pur-
suits could not be entirely suspended
on the Sabbath day, and these have
gone on without question ever since.
The word necessity, in It's comprchen-
sivc signifcation, meets all the una
voidable requirements of the present
advanced age, Had these ancient law
makers been permitted to sec the fh-
ture (thcy had ouly a prophetic vision
of coming time) and realized q graded
iron road from ocean to ocean, with
its tens Of thousands of vehicles, and
its pondcrous engines passing with
tirclcss energy, night and day !; With
miles and miles Of valuable products
en- route for the great centre of trade,
with armies of travellers at every
point Of the great thoroughiarc-is
IL to be supposed that they would have
asked this stream of life and trade 10
halt at the dead hour of midnight,
wherever found, and wait until the
passed, when they themselves
refused to forego their milk and
dressed victuals2 But they have
done all that could be expected or even
asked, when they excepted works Of
necessity and ;;.::..;y'-ierms broad
enough for most all the contingencies
that may ever arise in the history OF
the race. What the defendant did
was both necessity and charity; and,
like the lock tender in Commonwealth
VS.. Murray, 12 Harris, 500, who open
cd the gates TO permit the travellers TO
pass on their way, and was held guilt.
lcss before the law, 30 here tho coaling
of the engine permitted the suffering
animals to pass to relief and safety
q work of necessity and charity-and
he is excused
And now, 3lst December, 1874, jugd.
ment reversed, BY TIE Couar n.
TnE PoLIrrcAL TmE.-Thc New.
York World publishes official returns
Of the election since 1879, which show
fhat in fbo courao of t,rn ,.ao... Al