New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1881-07-24
STNDII RITIEOID TP,T\rS

Recent decisions in the Southwest upon Sum
day railroad trains are noteworthy. A ease in
the criminal court of Indianapolis presented
the question under the State law forbiddino
the prosecution on Sunday of common labor or
usual vacations, except works of charity or ne
cessity. The agent engaged in selling tickets
Tor excursion trains run ON Sunday was prose
cutcd, the argument being that such sales were
continuance of his usual vocation and were
not Il work of necessity. Now there WAS in
1870, a decision of the State Supreme Court
which attracted some attention at the time
ruling that the clerk of IA hotel who supplied
guests with cigars from the hotel cigar stand
was NOT guilty OF Sahbath-brcahing. The SUI
pIeme Court sad that necessity in tn sun
day laws Is not used in an absolute sense
but relatively to the pursuits, manners and Gus
toms of the people. such entcrprisrs AS
sailing ships, running STEAMBOATS, and railroad
trains. carrying the mails, operating TELEGRAPH
lines. keeping up watcr-works and gas works.
are not prohibited on sunday, nor are large
manufacturers, glass furnaces, oil wells and
other establishments depending upon machinery
or processes which cannot be stopped without
serious Inconvenience or loss, required to sus-
pend operations. To keep hotel in opcrotion
on Sunday Snot unlawful and if it may be kent
open ii may be conducted substantially in the
same way as ON a week day. As "A consequence.
hotel which keeps cigar stand rs part of
It's establishment, for supplying cigars 10 lis
boaldcrs and guests ON wcck-days, may SUNNY
the same want in the same general way ON
Sunday without breaking the law. ON tine same
principle that 1t may furnish meals
The judge of the criminal court. i'm dccidIuo
tile excursion tram question, seems from the
bilci report given in The IndianGDoHS Ncirs to
have forborne expressing an independent
opinion and TO have ruled the ease in
"bcdlcncc to the hotel case. He said
mat as railroad companies are not forbidden
III Indiana to carry ON their general business ON
sunday, and as excursion trains on that dav.
within the sound discretion of the directors,
are not unlawful, it cannot he an offence for
an individual emplOye to sell tickets An OK
clrSlon ticket may not he an absolute necessity
OF HE, but that Is not the point. Scllin., OK
curNloh tickets Is necessary adjunct To the
business OF running the train, and if the busi
ness as whole is lawful the necessary inci
dent is not criminal
Inc other decision, rendered in Louisville
presented the question under Federal law
he trains sought to be stopped by the suit
were through trans carrying the United STATES
mails, and the judge held that if ID bcvoud
the power OF IA State Legislature to BASS laws
interfering with railroad communication omo,,,,
the States, or with the carriage of Che moi)s
Inc power to regulate commerce amono the
ntatcs-and railroad communication is n branch
OF commerce-and the power to direct tbo
transportation OF mails, are exclusively vested
III congress. Any power Of the States over
the subject must be limited to local trains ear
rylng freight or passengers only.