The Portland daily press., 1878-07-17
sn oday n. a Civil Has,itu,i,n.

Mr.. EDIToR:-W Whatever may be SAID with
regard to the origin or establishment of the
Sabbath it is very clear, that su 3h day is
recognized by all CIVIL sd Christian commune
ties By the common law no judicial act could
be done on Suaday-Swau v. Broome Bl, 1856
526. The first principal E 1glish statute passed
was 20 Charles, chap. z. Sec l. This st ,tute
enacted that no person shall do any worldly
labor, Sc, upon the Lords day, "of their
ordinary calings." For some tims it was a
controverted poitt-whether or not persons
could work on the Sabbath, doing work out
side of their ordinary callings; but i. fiually
settled down into the distinction bstween works
OF necessity and mercy or necessity and
charity, which are permitted, aud all others
which are prohibited.
In this country, very early 10 its history Laws
for the better observance of the Lords day
were passed in nearly all the colonies. In
nearly or quite every state in the Union, laws
against labor on the Sabbath, excepting works
of necessity and charity, are found upon their
Statute books.
In Maine, chap. 125 Sec "a Revised Statute,
provides that whoever on the Lords day, keeps
open his shop workhouse warehouse or place
of business, travels or does any work, labor or
business onsthat dav, except works OF neces-
"
fine not exceeding ten dollars.
This is substantially the Statute of 1921 chap.
g. sec. 2, which has been continued in force
from that time to thu present. Shepley, c. j.,
in commenting upon the statute in Towle,
Admir- v. Larrabee, 26 M. r. 464 saws: "This
language is SO explicit that any doubt of the
intention TO prohibit trade ard business of
every description. which could not be work
of necessity or charity on that day would
seem to be precluded."
To all such persons as attempt by special
pleading to do away with the moral furce of
this enactment would commend the conclu-
ding words of that eminent Christian iuris.
as contained in that opiaion. He says, "There
can be no excuse for any attempt to destroy by
a forced construction of the language, the
effect of an enactment SO suitable to enable
man to derive the benefit, designed to be
bestowed upon him by Providence 10 the con-
secration of the Lord's day to the duty of doing
good, and of seeking endless happiness in ac-
cordance with the precepts of the gospel of our
Lord Jesus Chris..'
in Massachusetts,, Shaw, G. J.. in Pattee v.
Greedy, Is Metcalf 2S4, says: 1.-THE legislature
intended to prohibit secular business on the
Lords day, and did not conf ae the prohibition
to manual labor, but extended it to the making
of bargains and all kinds Of traficing''
In Allen v. Deeming, IA n. H. 1873, the court
gives The same statute construction; and so in
Vermont, Lyon v. Strong, 5 Vermont 219 The
same rule has been established in Connecticut
Wright v. Geer, 1 Root 474 and numerous
other reported cases; in Penn, Morgan "
| Richards, l Brown i'll; in Alabama, O'Dor
nell v. Sweeney, 8 Ala 467; in Michigan
| Adams v. Hammell 2 Doug, %; in New York
| Palmer v. City of New York, 9, Sanford&a18
| In OHIO, Cincinnati v. Rice, Is Ohio 225. If
had time L could 60 on ard cite cases from
nearly every other state in the Union, where
the courts have adopted the same rules of con-
struction, relating to Sunday laws. Our OWE
and other slater, by their Statutes, recognize
the LORDS day in ysrlous other ways. OoEtracts
made on Sunday are void. No civil process
can be served on that day; sports, games and
| recreations are expressly prohibited. A person
| travelling for pleasure on the Lor0's day
before sun down if injured by defective high.
| way, cann0t recover Of the town liable to keel
the same in repair. Hinkey v. Penobscot, A:
Maine, 80. stable keeper who let's horse anc
| carriage TO be used on Sunday for any purpose
other than that of necessity and charity can
| not recover for Their use. Tiloch v. Webb, 81
| Maine, 100
These fact show that all over tn
country one-seyenth parts of the tint
I in each week is clearly recognized
by legislatures and courts as the Lords day o
Sunday, in which ordinary business for gain o
pleasure is expressly prohibited. Outside of al