National Republican. (Washington City (D.C.)) 1872-1888, 1881-05-14
THE. SUNDAY LAW.
MR.. RIDDLE RENDERS AN OPINION.
No Law to Stop Bob Ingersoll's Sunday Evening
Lectures-Such Matters to be Regulated by
Intelligent Public Opinion M Cold
Comfort for MIR. Tenney.
Mr. Riddle. the attorney for the District,

Mr.. Riddle, the attorney for the District,
yesterday delivered to the District Commissioners
his views, as legal adviser of the Commissioners
upon the important points raised by Mr.. Tenney,
of Georgetown, regarding the Sunday lectures of
Colonel Robert G. Ingersoll, and, shortly after the
manuscript was handed to the Commissioners
Major Morgan left for Baltimore. When reporters
applied for permission to see the paper the applica-
ton was refused, on the ground that its contents
had not yet been considered by the board. Mr.
Dent said that Major Morgan, before his departure
had requested that the paper be not given out for
publication. Mr.. Dent also expressed dislncllna-
ton to give out the paper, its publication would
result in overwhelming the District Government
with letters On the Sunday question. The foiloW-
ing is the text of Mr. Riddles opinion:
GENTLEMEN: Herewith return the communi-
cation of Mr Tenney of the 9th instant. His COM
plant is best stated by himself.
WEST WASHINGTON, May 9, 1881.
Hon. Josiah Dent, President Commissioners &c.
DEARSIR: notice Hon. r. G. Ingersoll lectures on
Sunday for pay. You comp Il the firm of which L am
a member to stop mill one day in seven; you also
require theatres and other places of amusement TO be
closed on Sunday; also all places of business and
restaurants Is Mr. Ingersol, because he is gentle
man of considerable talent and delivers amusing
lection would apply TO Henry Ward Beecher, or any
other clergyman delivering lectures Sunday when
a fee was charged for admission. Very respect
fully, WILLIAM II. TENNEY.
This is addressed 70 me matter of law. 1t
it is not thing of discretion, the complainant
implies. The Commissioners are powerleSs in the
premises They do not compel Mr.. Tenncy's firm
TO cease grinding on Sunday and permit Mr.. In
gersoll TO lecture on Sunday evening, nor do they
close the theatres on that day. This is a subject
of positive law The tenth section of the Maryland
statute of 1928 declares that no person whatever
shall work or do any bodily labor the Lords
day, commonly called Sunday under the penalty
of FORGETTING one hundred 900 pounds of tobacco.
This act was continued the law of the District by
act of Congress of February u, 1871. Section %,
Revised Statutes District of Columbia p. 81 \
similar provision has also found place in the
ordinances of Georgetown, where Mr.. Tenneys
millstones would run their ceaSeless rounds On
recurrence to the ordinances of Washington find
that keepers of hotels tverns restaurants &C., are
prohibited from selling liquor on Sunday, day and
evening. Carriages not to be washed on the
streets that day, articles cried for sale, eX
cept newspapers, and that is prohibited after
one D. m. So no sales except drugs can be
made on that day. nor can hackney coaches
occupy public stands The section from the
Maryland statutes quoted from prohibits
persons having the charge of servants and chill
dren' from allowing them to profane the Lords
Day by gaming, fishing, fowling, hunting, or
lawful pastimes or recreations under the tobacco
penalty So the eleventh section prohibits other
acts on that day. The three hundred and thirty
fifth section, Revised Statutes District of Columbia
p A, requires the police to enforce these Sunday
laws. do not find any statute or ordinance which
requires theatres to be closed on Sunday, or that
makes it penal for Colonel Ingersol to pursue his
labors on Sunday evening. As have quoted from
the Maryland statute of 1925 which contains other
provisions,I should perhaps recur to it again in
this connection. 1 give the first section entire:
THAT if any persons shall hereafter, within this
province, Willingly, maliciousIy and advisedly, by
writing speaking, blaspheme curse God, deny
Saviour Jesus Christ to be the Son of God shall
deny the Holy Trinity-the Father, Son, and Holy
Ghost-or the GOdhead of any of the three Persons,
or the unity of the Godhead, shall utter any pro-
fame words concerning the Holy Trinity or any of the
Persons thereof, and shall be thereof convicted by
verdict confession, shall for the first ofenSe be
bored through the tongue and fined twenty pounds
sterling to the lord proprietor TO be applied the
of the county where the OffenSe shall be committed,
to be levied the defendants body, goods,
and chattels lands tenementS; and in case
the said fine cannot be levied the offender to suffer
six months i'm prisonmen without bail mainprice
and that for the second oense, the offender being
thereof convict aforesaid shall be stigmazed by
burning in the forehead with the letter and fined
forty pounds sterling to the lord proprietor to be ap
piled and levied as aforesaid and in case the same
cannot be levied the offender shall suffer twelve
months Imprisonment without bail nlainprice,
and that for the third Oense, the offender being con-
Vic aforesaid, shall suffer death without the ben
eft of the clergy
These provisions had their origin in that curl
Gus distrust of the divine power to protect itself
from human derision and hence in peril of falling
Dtn Uppprol HiSrnpu.n-o nOSitjnn MT for
objects of adOration-and while there is still very
general belief in the inability of the Su-
preme Being to have His way on this
earth, even with such help as is volun-
teered, still, probably no man would now seek
to enforce the provisions of this first section. 1t
has been permitted to fail into dsuse until it has
become obsolete. To seriously attempt their en-
forcement would be to consecrate their authorities
to ridicule and derision. 1t is perhaps true that
the words of the tenth section broad enough to
prohibit the work of the clergy the day named,
but their work, by reason of the field where per-
formed, has always been understood as expressly
or implicitly excepted nor is there lack of ex-
press authority for their Gbors in secular legiSa
ton. / quote from the 50th of Edward ILL., A. D.
1876 chapter g. also said to be in force in the Dis
trict or Columbia:
Item, because that complaint is made to our Lord
the King by the Clergy of his said Realm of England
that well divers priests bearing the Sweet Body of
Our Lord Jesus Christ to sick people and their clerks
with them otherwise divers other persons of holy
church whilst they attend to Divine Services churches
churcl-yards, and other places dedicated to God be
Sundry times taken and arrested by authority Royal
ofOther Temporal Lords in offence
God and Ofthe liberties ofthe Holy church, and also
disturbance of divine services aforesaid the same
Lord the King, who would be sore displeased if
any did i'll such manner, will and granteth and de-
endeth upon grievOus forfeiture that none do the
same from hencefOrth, that collision or fegned
be not found in any of the said persons of Holy
church III this behalf.
at would seem that Mr.. Tcnney will be obliged
to suffer the inconvenience and loss worked by the
present laws until Congress goes to his relief In the
meantime the labos of Mr. Ingersoll and all others
in the fields of science, morals, and philosophy |
must remain under the general supervision of in
ellgent public opinion, aided by the criticism of
an enlightened press. Whatever of good there is |
in Christian civilization, will, as we hope be |
best brought into clearer and stronger light in the
fullest discussion of the principles lying at the
and no mans liberties will be in |
vaded. Respectfully,
"A. G. RIDDLE, Attorney D. c."
The Portland and the Fire Board.
The fire board yesterday returned to |