Savannah morning news. [volume] (Savannah) 1868-1887, 1881-09-08
THE.SUNDAY ORDINANCES.
The Decision of the Supreme Court.

In the cases Of the liquor dealers who
were arraigned before the Mayor in the Po-
lice Court on Tuesday, charged with vic
lation Of the ordinance in keeping their sa-
looms open on Sunday, e continuance was
granted, on the point advanced by Mr..
]. !. Abrams, as counsel for the defendants,
that the Mayor could not fine the parties for
this offers which was q violation OF the
State law, and that-the city ordinance was
in conflict with the said laXs n9f6;s ordi'
nance was passed l n lef6 and was recently
Pun h'.t, H reformation, and notice was
- - Lne Mayor that it was to be rigidly
enforced. MT. abrams, at the last meeting
OF Council, offered an amendment to this
ordinance, as stated yesterday, and on mo-
ton it was adopted, and the ordinance as
thus amended was passed.
Our attention has been called to the fact
that the point raised by Mr.. Abrams was
conclusively settled by the Supreme Court
of the State nearly eleven years ago.
The case was of one II. Kan Wiscb, who
was convicted in the Mayors Court of the
city of Atlanta for keeping the doors OF his
saloon open on Sunday. Several witnesses
swore they had drank at the bar, but no
pay was asked or demanded, aud none
made. The case was certioraried to
the Superior Court of Fulton county
at the October term, 1870, Judge Hopkins
presid :, and the court refused to sanction
the writ. The case was then carried to the
Supreme COurs, where the decision was
affirmed, the decision Of the Supreme Court
being rendered By Chief Justice Lochrane.
From it we extract the following important
part:
1--WE understand this question to arise
upon the right OF the city to punish the
keeping open doors by dealers generally in
the limits of the city apon Sunday, for the
purpose of preserving the publ. respect
for the Lords day, as far 81 power
can compel its outward observance.
And in this view OF the corporate
powers, we think it is competent for che
city, by it's ordinances, to compel all dealers
ness shut on the Sabbath. This in itself
constitutes an -offense. 1t may not be a
tipping shop, or it may; the
party may not be engaged in
/ his ordinary calling, or he may.
| The ordinance leaves h.s guilt j these mat
tiers to the state laws, but Furnishes the
keeping of such stores open as al act indie
pendent of a violation OF tle State law or
| Sunday statute. The ordinance is to prote ct
| the people against he violation of the State
laws. In Canton VS.. Mist, Ssh OHIO
IN. 81, 439, a municipal ordinance ordering
all shops to be closed on Sunday, exceps
druggists, 50 faT as employed in putting up
prescriptions, and not excepting all kept
open for charity, and those kept open By
| conscientious Jews, was held to be Invalid.
eve do not think that the ordinan }
keeping open doors on Sunday can
| be regarded as affecting conscience
or enforcing any religious observance. The
law fixes the day, recognized as the Sabbath
! day, all over ChristendOm, and that day by
Divine Injunction is to be kept holy-on it
thou shalt do no work. The Christian Sab
bath is civil institution, older than our gov
eminent, and respected as day Of rest BY
our constitution, and the regulation of its OBJ
servance as civil Institution has always
been considered to be and is within the
power OF the Legislature as much as any
regulations aud laws having for their object
the preservation of good morals and the
peace and good order Of society. 80 Barb,
! 54S.
"Ald in the furtht rance of the rest and
freedom from unsllowed worldly employ
ment ordained by the Sabbath, It vas held
that the second section of the South Caro-
lima act of 1887, prohibiting the keeping
open of any store, ETC., on the Sabbath day,
was constitutional act and indictment sus
tanned upon l Speers, 305. We hold that
the city by its grant of power from the Leg
islature had the right to pass the ordinance
in question. aud therefore affirm the judg-.
ment OF the court below"