New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-12-24
SUNDAY SECTIONS OF I'VE CODE
nro,O,oN ,oAIysT THE HEBREWS.

tn tho case of the Hebrews who appIeu lVi
,Dctons 70 restrain the police from interfering VIZ"
,bep, in the prosecution Of their business vi "' ,
Indre Arnoux in the Supreme Court, yes'efuay ioi'
n decision In which he holds that as Tar as ''e ,'
- concorned Hebrews and Christians stand upon
the same footing. The opinion, written III the sun u
Abraham Meyer, covers all shhhar o"Sos' A"' F
Il in substance as follows:
Tho nainti demanded the relief asked for In the com
plnint on the sole ground that he was heDISrH. ci
day law was constitutional and within the police regu
atiOns which the state may lawfully enact, lhe Gy
b reoires them TO refrain from labor the seventh
day of the week. Whatever may be the views OF any per
in The pan and simple dutyiof the Court Is to
declare the law as ii exists leaving its wisdom WIN the
noEy secIionis yerT lucid "The first day of the week
being by general consent set apart Tor res. anu
uses the law prohibits the doing on that day certain
which are serious Interruptions OF the repOse anu
ious liberty OF the community section 2o9l "
specified are serious Interruptions OF the rights u
Others and therefore they are promotes Al oen for
business sunday temptation Is presenevt ~
who regard for Saturday rs hoy tne W uHra
the law2 IL a Hebrew merchant hlred Ony heD,S i1
clerks and sold only to Hebrew customers lneic M
probably be little mducement 1or then 10 eeP o 1ecn
Sunday The only exception in favor or tnOsc VIM hP
Saturday holy me has no RELATION 70 ro snrve
Ghanicai o-f,I1~ drawn in these words
1t is a sufficient defence 10 prosecution I9r
labor on tue first day of the week thai the defendant
uniformly Keeps another day of the week as holy te,
and does not labor on that day etc" Secton 264) II
mnsf anoear therefore, that TIE accused man uniformly
PENS day hoy aud that he does not then labor
and yet this dOosnOt protect him from arrest IL Gun o'
be shown az a defence to a prosecution. =, ,., -,
But the say, cannot these deV0ut heore" en
gage in their usual work on sunday Cannot the tanor
enf and e " mis- cloth the shoemaker his leather Inc
law nrohIts r. although his doors are shut and his
labor disturbs no one This is what the law says on
the first day OF week all trades manufactures ana
mechanical employments are pr9 nnitt vcont
all of servile labor is prchoieG 6Gf epd
ing IN works of necessity ana cnarlly. V2oIVo n rav
266 There is no exception that can aVall the hebrew
citizen violation OF these Prohlnipon1 Is Is Jis
breaking section 260l, and Sabbath oreaahg ID q us
denean0r for which the offender may De hheu anu IN
prsoned tseetOn 2l9 and all c0mmodltes % o
sale the first day OF the week IN Violation 1i io pr
visions OF this chapter (the sunday law sai De &
elted The punishment s eXpncii ana o m
merchandise and to an nanuiaS'n1ns ana
that no sufficient ground has been shown for me e1eHp
ton claimed by the Hebrew citizens ... o3 Ia
Let us. however, take the other ALTERNATIVE anu ue
clare that the true intent and meaning OF ths Law IL
that il shall not apply any person or persons sog
on Saturday and keep them closed during the whoe
day" Nothing more favorable than TINS could pc
demanded by the plaintiffs What would DO inc
result then We may read in the OF The CITY OF
Shreveport against Levy The paintlH there auOpieu
sunday ordinance with the exception therein above
quoted The record showed that many merchants tnere
were Jews who observed the jewish saDDatn , INC
and Gentles are equal by the law they must DE reaea
alike and the ordinance which gives TO one sect PRIV
tuition and the law and Is therefore both null ana Ia
THIS decision is sound. and applicable 10 ms case
any Interpolation could be made III the Jaw II
therefore follows inevitable COnchlslOn tnI thc
motion for the continuance OF the quhcleh m"Sl NC
denied and that the injunction must DO dissolved
In the case of the Judge Arnoux holds
hat tobacco and cigars not included III the terms
"1neat milk fish food. drugs medicines or surgical
appliances" ana that they cannot be considered as
"necessaries." The temporary injunctons granted In
these cases are therefore dissolved.
Judge Arnoux yesterday granted several temporary
nuncOns against the enforcement by the police of the
Sunday law among which one in favor OF the
Adams Express Company. 1t 10 alleged by the counsel
for the Adams Express Company that the sunday law is
unconstitutional the ground that it interferes with
interstate commerce. Two mjunctiOns were pro
cured in the interests OF florists who claimed that II
was necessary for them TO keep their places open
Sundays and TO for their plants and flowers
which were needed churches funerals