, 1877-01-21
MASSACHUSETTS SABBATH,
LAWS AFFECTING ITS OBSERVANCE.
IT, pseson 7*rrrsyn~

LAWS AFFECTING ITS OBSERVANCE.
The Boston Traveller.
In reference to the observance OF the Lords
Day the Supreme Court has just rendered an
important decision in The case Of the Common.
wealth, By complaint. VS.. Gehring Has. The
defendant was complained Of in the Roxbury
District Court in June last for keeping an open
shop on the Lords Day. The case went to the
Superior Court and was tried at the September
term, and the defendant was convicted upon the
18th OF that month. Upon the 10Th, Mr.. George
Senuctt, the counsel for the defendant, filed
exception, upon the ground that his client con
scientious1y believed that the seventh day OF
the week ought to be observed as the Sabbath,
that he so observed it, and disturbed no one.
The Court ruled that this was no defense;
that Sec l, Chap. 81, Of the General Statutes,
contained two classes Of offenders, 90 fas as
tho ninth section was concerned, viz.
first, those vino keep open shop, ware
house, or workshop on the Lords Day,
and, second, those doing labor, business, or
work, etc., on Sunday; and that Sec. 9 OF the
same chapter relieved only the second offcnse
from punishment 4. e., doing business or work
upon the Lords Day., and made the first Of
Tense (keeping open shop Tor doing such busi-
ness) absolute.
The defendant acknowledged that he had
committed this offcnse, and the jury was d-
rcctcd to find hin guilty it the jurors believed
that he kept an open shop upon the Lords Day
for the purpose Of doing business with the publir
therein, whatever his conscientious scfuples
about the seventh day might be.
To this ruling the counsel also excepted.
The exceptions have now been oyerrulcd, and
the following rescript has been sent down:
l. The ninth section, Chap, 81, OF the General
Statutes does not permit one who couscicn-
siously observes the seventh day Of the week as
the Sabbath to keep open shop OIL the first day.
2. The Chap. S, General Statutes, is not un~
constitutional.
An abstract from the General Statutes follows:
Chapter 81 Section l. Whoever keeps open his
shop, warehouse, Of Workhouse, or does any man-
ner Of labor. business, or work, except works OF
necessity and charity or IL present at any dancing
or public diversion, show. or entertainment, or
takes part III any sport gnmc. or play on the Lords
Day shall b: punished by q fine not exceeding $40
for every ot1cnse.
Sec j. Whoever, keeping houRc, shop, cellar,
or place OF public entertainment Of refresAment,
entertains therein On the Lords Day any persons
not heing travellers. strangers. or 1odgers suffers
such persons such day TO abide or remain there
in, ur in the yards, orchards, or fields appertanng
to the same, drinking or spending their time idly
ut play, etc. shall be punished by fine not c1-
cecdinE S. for each pcrson SO entertained
SEC. >. Whoever conscientiOusly believes that
the seventh day Of the week ought to be observed
rs the Sabbath, and actually refralns from secular
liable to the penalties Of this chapter for perform
ing secular business travel, or labor on the Lords
Day, or first day Of the week. provided that he dis
tufbs no other person,