The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1880-06-10

proceeded against as prescribed by law, but
not subject to be indicted as a nuisance. 1t
may shock the moral sense of q portion of the
community to see the barber carrying on his
business with open doors on Sunday, but it
produces no inconvenience or damage to 9TH
ers, and therefore can not be regarded in legal
contemplation nuisance"
The legality of keeping open a barber's shop
on Sunday was considered in a Pennsyl-
vania case, where it was held that the business
OF barber IN shaving his Customers on Sum
day morning is worldly employment" not
work of necessity or charity" The Court
SAID: 1T is argued that as the law does not
forbid person to wash and shave himself on
Sunday and thus prepare himself to attend
public worship, or otherwise properly to enioy
the rest and recuperation which 1t was the
purpose OF the day to give, therefore anoth-
er may do it for him without ncurring
the condemnation of law. This view is not
sustained by the authorities" sit is further
cOntended by the counsel for the defendant
that long continued usage and customs of soci-
ETY. prove that tho business of barber is by
common consent considered necessity within
the meaning of the law. And the forcible and
exhaustive arguments of Lowrie, G. j., in
Commonwealth against Nesbet, are urged up
on our consideration as decisive of this case.
In my Judgment the points ruled in the case
and those to be decided here are in no way
alike. There it was held that hired servant
without violation of the act of 1894, might
drive his employers private carriage, while
here the defendant claims that he may law
fully keep open private shop on Sunday,
shaving and dressing the hair OF whom NAV
come, whether his customers intend to go to
church or not, and whether he is entirely able
to shave himself or not In that, without
regard to the necessity of the particular acts
done, he claims the right to exercise his ordi-
nary calling on Sunday as on other days"
But is it work of necessity? Many persons
shave themselves or that day who are shaved
by barber on other days of the week. And
not one in ten who shave on that day employ
the services of barber" The Court also say
that the defendants custom of closing his shop
on Sunday mornings made no difference, and
concludes: eff the closing of these shops on
Sunday is an Inconvenience to the public, the
remedy rests with the Legislature, and not
with the Court"
In a case in 1887 an apprentice to barber
in Scotland, bound by his indentures mot to
absent himself from his masters business ON
holiday or week day, late hours or early with.
out leave, went away on Sundays without
mers. Held by the Lords, that he could not
lawfully be required to attend his masters
shop on Sundays for the purpose OF shaving the
customers; that work, and all other sorts Of
handicrafts being illegal in England as well as
or charity, Lord chancellor Cottenham said:
This is a case of great Importance" and that
the work Is one of convenience" Lord Wyn-
ford concurred, saying, "it was not necessary
that people should be shaved on Sunday in a
public shop; it was not an act of
mercy, it was clearly an act Of handi-
craft" Lord Brougham also concurred,
saying: "The object of the respon-
dent was gain, and he whose object was gain
did not come within the exception. The ne
cessity contemplated by the exception in the
statute was the necessity of the person who
worked, and not Of him who compelled the
work. 1t was said in the court below that un-
less working persons, who do not themselves
shave their boards, were allowed to resort to
the BARRIERS shops on Sundays, many decently
disposed men would be prevented from fire.
quenting places of worship, and from associat-
ing with their families or friends from want of
personal cleanliness But why should they
not do the work on Saturday as the people did
in Glasgow, and in other towns where no sort
of work was allowed to be done ON the Sunday?
1t might as well be said that because a person
could not decently resort to church, or associ-
ate with his family, unless he was decently
clothed and fed, therefore the butchers and
the bakers shops should be kept open on Sun
day morning for the convenience of such per-
sons. That was not the practice; the parties
took good care to provide themselves on the
Saturdays with food and clothing"