Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-03-04

Ii ia argued that this statute requires
this observance OF the Sabbath day as
religious duty imposed upon us 10y God,
and that as corporations can owe no re-
ligious duty the statute cannot be con-
strued to extend 10 them. In thus argu'
ment il is assumed as universally admit
ted, that God has imposed on all man
kind the duty OF keeping the first day 81
the week as holy. This assumption is
far from being conceded II is Of course
not admitted by those OF our citizens
who are disbelievers in the Christian re-
ligion. Nor is it true that il is admitted
by all believers in Christianity.
But conceive theological controver-
sy is utterly unimpOrtant IN construng
our statute. 1t might be well admitted
that it was the universally received
opinion al all persons in this country
that the Christian religion required, AS a
religious duty, the observance OF the
sabbath, and yet be easy to show, from
the very wording of our statute, that our
Legislature has not attempted to enforce
the iultllment of this Christian duty by
any person Had the Legislature really
imposed upon the community an obli-
CATION to support this observance ct the
Sabbath as a tenet uireliglon, they would
in SO doing have violated Article III.
section o OF the then Constitution, and
Article I'll. section IL of uur present.
Constitution, which iorbidS the l.cgsla-
ture to compel any one to support any
religious worship, or To confer any pecu-
liar advantage on any sect. The requT-
ing OF those who, for instance, believed
that Saturday was "A holy day to oh
serve Sunday as such, while
those who believed that Sunday was
holy day were not required To observe
SATURDAY. rs such, would have been con-
ferring peculiar advantages on one sect
and would have violated our Constitu-
ton.
In constituting our statute il would be
our duty tO give IL meaning consistent
with our Constitution, il its meaning
was doubtful aud such meaning could
reasonably be attached tn Its Language.
Its meaning is not, however, doubtful
Ii was obviously not INTENDED 10y our
statute tO enforce the observance OF the
sabbath as religious duty. The Legls-
lature obviously regarded It as prOmutlve
Of the mental, moral and physical wcll-be-
ing Of men, that they should rest from
their labOrs at stated intervals; and IN
this all experience shows they were
right. Ii. then, rest is to I've enlOlued
IA a matter Ut public policy at stated IN
tervals, 10 is obvious that public con-
yenirnce would be much promoted by
the community generally resting on the
same day; for otherwise each individual
would be much annoyed and hindercd
in finding that those with whom he had
business To- transact were resting on the
day on which he WAS working. The
Legislature holding these views IN Sc
lecting the particular day Ot rest doubt
less selected SUNDAY, because 1t was
deemed proper day ol rest by MA
jority Oi our people who thought II a
religious duty TO rest on that day; and
in selecting this day Tor these reasons
the Legislature acted wisely The law
requires that the day be observed
us day Of rest, not because 1t is rc-
ligiOus duty, but because such Ubscr-
vance promotes the physical, mental
and moral well-being Of the community;
and Sunday is selected as this day of
rest, because ii any other day had been
named, il would have imposed unneces-
sarily onerous obligations ON the COM
munity, Inasmuch as many Oi them
would have rested on Sunday as u ~
liglous duty, and the requirement Of
another To be observed as day Oi rest
would have resulted IN two days being
observed instead Oi one, and thus time
would have been uSslCSsly wasted. This
| conceive is the main object al our
law; but il is not its only object. While
| am thus resting on the sabbath IN
obedience To law, IL Is right and reasun-
able that my rest should not bee dis
tuTbsd by others. Such disturbance
Of my rest il in its nature a nuisance,
which the law ought To punish, and
Sabbath breaking has been frequently
rlassei with nuiSanceS and punished as
such. See Commonwealth V. jsJgdeU,
Grant IA. sol. That these are the OBJ
iects OF our statute are tn my mind clearly
shown by the wording Of the law and by
its provisions.
The 57th section OF the act, see Code,
p. 695, provides that the forfeiture inn
posed by the 10th section "shall not
be incurred by any person who con-
ScientiOusly believes that the seventh
day oi the week ought to he observed aS
a Sabbath, and actually reirainS from nil
secular labor on that day, provided he
does no. compel an apprentice or ser.
want Of his belief to DO secular work or
business on sunday, or does not on that
day disturb any other person. This IN
elect saws: The resting on Sunday is
not required Of any one on the ground
that il is a religious duty, but because
the well-being Of men require that they
should rest one-seyenth part OF their
time and public convenience requires
this rest should be taken on the day
when a majority OF the community
would even without law on the subject
rest, Is they regard it a religious duty
10 do 50, aud i would be prejudicial
Ia the public and tend In idleneSs,
ii two-Seyentls OF time WAS
devoted ~ rest. Ii then any portion OF
the community should regard IL as
their religious duty to nSt on some
other day than sunday, and 81 rest,
they are not required To rest on sun
ldls - OAAt~cSNNAAh Va AAAtlt - AT Nilak
the public good requires to be devoted
20 rest. But iiyou do not rest on san
day, YOU must take care not to disturb
those who do, and not tn compel Others
to work Who should rest on that day.
The obvious purpose Of the law was
not To enforce the performance IT n NJ
ligious or moral duty; for it expressly
provides that this supposed religious
duty may be neglected by any one, who
will rest the required seventh part OF
his time. II may be said, however,
that the 10Th section in prohibiting
hunting or shooting on Sunday shows
that the true and real spirit OF the law
is to enforce the keeping OF the Sabbath
holy as religious duty. Bnt il must
be obvious that this section does
not prohibit hunting or shoot
ing on Sabbath, Il only prohibits |
it from being done in a way which shall !