Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1879-04-25
THE SUNDAY LAWS.
Carrying ON the Common AvOcatiOns
of Life on sundays Not q Nuisance,
the Penalty for SO Doing Fine
of Three Dollars, One.haIf
Goes TO the InfOrmer.

at the April term OF the supreme court of
the State, 1874, Chief-Justice Nicholson de-
cided the case of the State Us. Joseph Lory,
who was indicted In the criminal court OF
Memphis for carrying on his business as
barber on Sunday, to the common nuisance
of all good citizens. 1t will be seen that the
court holds that exercising the common avo-
cations Of life on Sundays, Is not nuisance
or an indIctabe offense, and that the penalty
for so doing Is, after conviction before a
magistrate he shall forfeit and pay three dol
lars, one-half to the person suing for the
same (the lnformer) and the other half for
the use of the county. This case settles all
cases with reference to the Sunday laws in
Memphis. The able opinion Is as follows:
The State u.s. Joseph Lory-Opinion.
Iory was indicted In the criminal court at Mem
pbis for keeping open his shop and carrying his
lely to the evil example of all others, to the COM
mon nuisance Of all good citizens, and against the
peace and dignity of the State. On motion the In
sictment was quashed, and the State has appealed.
Iuis provided BY section 1923 Of the code, that If
any merchant or other person shall be guilty OF do
ing or exercising any of the common avocations Of
lfe acts of real necessity or charity excepted, on
Sundays, he shall conviction before justice OF
the peace forfeit and pay three dollars, onehalf to
the person suing for the same, and the other half
eide, when the performa ace of any actis prohib-
tied by statute, and no penalty for the violation OF
misdemeanur" it follows that although defendant
is prohibited from following his avocation of bar
for such violation OF the prohibitory law is
Adictable misdemeanor. But it is observed that
with carrying on his business of barbering openly
and publicly to the common nuisance OF al good
citizens. The question then is whether the defend
ant indictable for public nuisance In carrying
hts trade on Sunday? II this be So then every other
person who carries on his ordinary
business openly and publicly, on Sunday,
may be indicted for nuisance. The occupation OF
the barber stands the platform with that of
the merchant. mechanic. farmer or professional
man. 1t is an occupation necessary for the comfort
and convenience of the Citizen and m no respect
nuisance, unless 1t becomes by the simple fact
ton of nuisance is ''that which fncommodes or
annoyS-somethiDg which produces Inconvenience
or damages 1t cannot be said that BARRIERS shop
is something which incommodes annoys, or
which prod1ces Inconvenience or damage to others.
Onthe contrary. the business OF barber1ng is
habitants of town or city that it may be regarded
as necessary o cupatton. To hold that 1t becomes
a nuisance when carried on on sunday, is per-
version of the term nuisance. All that be said
OF il is that when prosecuted on Sunday 1t Is VIOLA
ton OF the statute and subject to be proceeded
against prescribed by law but not subject to be
dIcted a nuisance. 1t may shock the moral sense
of portion of the community to the barber car
ryine on his business with open doors on Sunday,
but Ii produces no Inconvenience or damag9 to
others, and therefore cannot be regarded In legal
contemplation as nuisance We are therefore OF
opinion that the ruling of the court below was
- - NICHOLSON, c. ].
The State of Tennessee:
l, John H. Freeman, clerk of the supreme court OF
said State for the western division thereof Jack
son. do hereby certify that the foregoing Is true
perfect and complete copy Of the opinion pronounced
the State of Tennessee against Joseph Lory, ap
pears of rec ord row on file In my Office.
hand and sxsd the seal Of the eonrt at o,e in In;
city OF Jackson. on this the twenty second day Of
April. A. D. 1879, and of the Independence of th'
United States the one hundred and third year.
JOHN II. FREEMAN, Clerk.
By d. P. DAVIS, Deputy Clerk.