The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1878-07-17
what IL n Work Of Necessi ~ on
the SABBATH Day?

IN Alfalfa, ia, were arfesleu last week
charged with keeping open doors and
transacting their usual business on the
Sabbath. As the cases against esch were
Of similar character one OF them was
taken before Justice Rhea on Friday and
made test case. The evidence and
argument on both sides were heard and
the Gaze submitted to the Justice to be
decided. Justice Rhea withheld bis de-
ceison until 8 o'clock, when he discharged
them all. In doing SO, he said: at has
been urged in favor OF the prosecution
that the business OF BARRIERS carried or
In this city on Sunday morning up to the
hour Of II o'clock Is violation OF the
code Of this State, section 4,579-'Any
tradesmau, artifieer, workman, laborer
or other persons whatever. who shall
pursue their business, or work at then
ordinary calling, upon the lords day
work Of necessity or charity only ex'
cepted, } shall be guilty OF misdemeanor
&c. The case before the court depends
upon the application Of the word 'neces'
sity' used in the statute. 1.-THE act prov.
ed be not within the comprehension Of the
doctrine Of necessity, it would be beyond
all doubt violation Of the law, for the
language OF the common law and the
various Sunday laws, wherever found,
puts emphatic stress on the exemption oil
works Of necessity and charity from the
operation Of the penalty. 1t will be ad-
mitted by all that the section OF the Code
referred to IA the unquestioned law
governing all the people in this State, and
that no corporate power can license the
violation OF the Sabbath day. But while
this il true In all Its force and strength,
the main Issue upon the construction Of
the word necessity Is still left for the
court to decide. This word belongs to a
class Of acts not defined or Get out in the
statute. The rebuke Of our Saviour
when he referred to the OK or the ass In
the ditch illustrates that the true mode Of
constructing the demands OF charity or
necessity Is by the condition Of the act
aud It's surrounding circumstances at the
time. To limit the world to acts 10 one
age might in another demand FROM the
habitA OF life or change oil society avery
different rule OF Interpretation. Ice and
its uses, from habit, has become 10 this
age a necessity. This was not so afew
ages ago. Now its distribution on Sunday
mornings is r recognized necessity oil lie
in all the large cities OF the Union. So,
too, with street cars. Some time ago TO
people unused to this mode Of travel il
was mol necessity, while now II |. we're
not for lhis mode Of conveyance thon.
sands Of people could not attend church.
Hired labor is from habit properly reco-
guized as a necessily-to cook, drive car.
fiage., and do other secular employment
on Sunday. And so wesay 10 the proper
application Of the word necessity Much
difference OF opinion may honestly and
legitimately exist between men. We
canno, 20 back for the definition Of the
word to the act Of 1872, neither can we
reasonably find liz Limitation by indulg.
log Ia the Limitations Of the common law
like the word charity with which il is
associated. The progress Of the age. in
It's new wants, growing out OF new habits
and the expansion Of our civilization, has
changed the application Of the term, and
the decisions Of our own Supreme Court
reports do not enlighten the court on the
single point OF issue before 1t. We may
not take the view Of the municipal
authorities Of the city on the necessity OF
giving 10 men an hour or two Sunday
morning 10 shave and clean themselves
up for the purpose Of attending places OF
public worship; or we may not regard
this act as one Of indispensable necessity;
in fact, might go to church black and
soiled with dust, and might live SO all
their lives, but while we may so regard
the meaning OF the word necessity, 10 II
the spiri. Of the law 10 punish man for
that which has from habit become the
necessity OF city; not indispensable, 1t
Ia true, but the act does not say indispens.
able necessity. The use Of the word
necessity il without the qualification some
place upon 1t, and may embrace such
things as we now recognize by habit or
usage essential 10 the we'll being Of society.
DelicAcy Of appearance when 10 public
may be a required necessity 10 man, and
the use Of barber shop may, In some in
stances, be rs necessary as a drug store.
Health aud It's requirements often depend
on cleanliness Of person, and places to
battle or shave, In that sense, become
necessities to. the public. For myself, I
cannot feel that the use Of a barber shop
for the purposes Of cleanliness is In spirit
violation OF the Lords day, confined
within proper limits, and therefore
adjudge that these defendants be dis.