Savannah morning news. [volume] (Savannah) 1868-1887, 1881-09-15
THE OBSERVANCE OF SUNDAY.
The CITY Ordinances TO be Repealed
The Municipal AuthOritieH Have
No Power TO Enforce a Penalty

For some time past there has been consid-
cradle agitation in regard to the city ordi-
nances prohibiting the opening OF any
place Of business on Sunday, and excited
discussion has been the result. There has
been pretty general expression OF opinion
on the subject, and the sentiment in favor
of a more rigid observance Of the Sabbath
seems predominant. The retail liquor deal
ers, from the fact that their Sunday custom
has been profitable, have paid but little at
tention TO the statutes. With but very re "
exceptions, however, they have kept their
front doors closed, and thirsty customers
have been compelled to obtain access
through convenient side doors OF back
gates and there has been no interruption
In sales. Many Of these places have
been reported for violation OF the ordi-
nance, and, excepting fruit stores, which
come under the provisions OF the ordi-
nance, they are about the only places
where there IL general traffic on Sunday.
For this reason many have considered the
enforcement Of the ordinance as q dis
eliminating movement against particular
class, and the result has been a clamor for
the suspension of all business. The ordi-
nance was, however, republished for in
formation, and the announcement was
OUlClallN
to Tigidly enforce 1t. The police received
their instructions, and number Of saloon
keepers were docketed for violation Of the
ordinance They were arraigned in the Po-
lice Court, when the plea was advanced by
their counsel that IL there was any violation
Of the law, It was State law, aud that the
city had no Jurisdiction; though it had the
power to pass All ordinance requiring all
places of business to be closed on Sunday,
- 4 -. 4frh an
for keeping open a banoom or tipping
shop, which was punishable under the State
law. The Mayor rendered his decision,
stating this point was well taken, and
bound the parties over for appearance at
the Superior Court in the sum Of $500.
New instructions were issued, and in ODE
dience to these the police reported "everY
place of business" found open on Sunday,
| regardless Of the avocation of the proprie-
tors, and the cases came up for hearing
Yesterday, and out Of thirty-fve all were
dismissed except two, an admission that the
ordinance, as 1t stands, is imperative and
cannot be enforced.
During yesterday 1t was rumUred that the
/ repeal Of the present ordinance would be
| advocated at the meeting OF Council, and
| that the State authorities would be required
/ to enforce the statutes In regard to the
| observance of the Sabbath. 1t will be seen
| from the following copy OF an ordinance
/ introduced at the meeting Of Council last
night that the rumor was correct, and that
the '1noperative ordinances" are to be re-
pealed;
An ordinance to repeal the following or
dinances and parts of ordinances OF the
/ city of Savannah, to wit: An ordinance
/ passed in Council December 5th, 1860, Sa-
vannah City Code, page 303, and sections 2,
3 and s; of an ordinance passed In
Council April 18th, 1889, Savannah
| City Code, pages ADJ, 432, and sec
tions ~, Is and IA Of an ordinance passed
in Council July 9th, 1854, Savannah City
Code, .page ABB; and section 10 Of an ordi-
nance passed in Council oath Of May, 1860
Savannah City Code, page 434; and an ordi-
nance passed in Council October Goth
1875. Rebarer's Digest, page 20.
Whereas, the above recited ordinances anC
parts of ordinances were enacted for the
! preservation Of good morals and the peace
| and good order of the city; and whereas
the statutes of the State Furnishes offensec
against the State, the Creeping open o.
tippling houses on the Sabbath day" anC
"the pursuit OF business or ordinary calling
upon said day." and the municipal authori-
ties have no power to punish for sucl
offenses, and the said statutes OF thu
State are amply sufficient to accomplish tn,
objects contemplated by the city authori
ties, and the machinery of the State govern
ment is adequate to enforce the statutes o
the State; and whereas, the officers an(
members of the police force OF Savanna
are ex-officio constsbles Of said city and vii
lend their aid to the State authorities IN Ell
forcing the laws OF the State.
SECTION l. Therefore the Mayor and Al
dermen Of the city Of Savannah, in Council
assembled, do hereby ordain that from AM
after the passage of this ordinance, tina
the above reoited ordinance and parts o
ordinances be, and the same are, hereb
repealed.
Sec. 2. That all ordinances and parts o
ordinances in conflict with the abCv' recite'
ordinances or parts of ordinance. be AM
the same are hereby repealed.