Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1881-06-05
2 he Sunday Law.

Lewis Tilman, Esq has given Mayor
Staub the following written opinion in re
gard to our Sund,y law:
Hon. PETER STAUB uiaNor:
Complying with your request for an
opinion rs to the proper construction If the
Sunday ordinance. / respectfully submit:
/. The first section f the ordinance
re, DIS: 4" 1t shall be deemed unlawful if
any person be guilty of doing or exercis-
ing any of the common avocatioDs of life,
or causing or permitting the same to b.
done by his children or servants, on
Sunday. acts Of real necessity or charity
eycep - shall forfeit and pay the sum of
three dollars"
I've M, mere such portions cf the
opinion as now, in view of the provisions
Of he new ordinance have no relevancy
Ed
$50 3 fla strict construction is placed
upon the languay e the fret section many
a,ts which the strict st observers OF the
Sabbath day have come to regard as l-giti-
mate and necessary, IRE made unlawful
The delivery of milk, bread, ice, &c, to
re uiar customers: the IuHnirg of street
cars, avery carriages, and even private
carriages (if driven by one hired): the
cookIi G of meals ut hotels, restaurant, and
even III ones own home, are al violations
of the letter of the ordinance. There il no
real necessity o "charUy" IN any ut
the Cases mentioned. We might without
any g. eat Inconvenience. cook enough Oh
Saturday t. satisfy till Monday, just AS " e
buy n double supply at the Saturday
market, We might do without mills and ict
one day, n, d walk t. church, &c.
But IT is evident the law makers did no
inter so much : the strong language used
would n Il ST thought import. TIE real
meaning, nd the which come Wthit
the ex option mus be reached by cOIsid
e'ing that The Obi CT in view was To keep
the city on Sunday tree from the hustle
noise aud bu-ine,s of week days. and give
t" the cit zehs an opportunity for rest OF
worship, or both. Though such laws as Thu
are inspire by, and enacted 1t the demand
OF the moral and religious sentiment #
communities, yet the State te0ognlzes and
respects such sentiment solely because i
has been und o ace I'd with and ad vancs
the public PEE ce and welfare Ind preserv,
the pubic morality. Such Tvs must he re
gArded merely rs civil Re gulaji0ns, having
no religious -lgnif ance. because he s at
has no religion AMI knr W. none
1t would be tf1cult to specify the act
Whioh fail within The exception IF The
first sec,iCn
The rule is so to construe the law IS rot
to maze thO-e acts criminal wbicn plainly
were not meant to b. prob bite d. | think
t9e present city tficer, may look to the
hHminlstratIon which raised the law to see
@hat acts It uttered That would furnish
III SINE o'grte, the construction nlst ed
"PU '"e Jaw by those who eDscfrd
Io''s"Hs 81 ndard can be used To
measure or bound the nduct Of ~
ctZen on any day, for hat would ha =.
interfere with the rights Of conso;n o "
which our C1nstitution expressly fnrhiJ,
And bes de If such measure wcre adont-.
1t would be rs UHcerta Il and as varyipg as
our cree1s.
l conclude, therefore, that as The law
seeks only quiet, good orde", morality and
rest, any act mot expressly forbidden)
which by the general custom and the mora
sentiment of the community is regarded a.
lawful and necessary to comfort and hap
plness at our homes and which ministers
TO comfort and convc nience of the peace
tai, IL wabidIng citizen while taking Ie-t
from labor and does not disturb and is
lot, In itself, i'm mortal NAV, and should
be taken as within the execution. Under
this rule something's may be done which
may shock the re igious views Of some
hut nothing which will in anv wev nrevo,t
the purpose of the law Acts necessary r.
save property from les or d. tructinn and
TO relieve distress, are strictly acts Of reeI
necessity an charity" and of conraa No
such. CONSTITUTE
cannot be more specific. Tboont
ment Of the law to the Letter womIS Iorce-
puollc sentiment demanding i,s IFS
cation or repeal. The adoption of o EbalI
constructlpn and the exercise Of = o'' a,
d'scretion Whose in au horitv will .nL
TIE splrit ana the real object in view
LEWIS iILLMAN JR
June 9 1891 Attorney.