Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1882-12-09

propensity TO commit prohibited acts, exist
ing IL the mind of person who is not
shown to have been incapable CT knowing
the wrongfulness of such acts, forms no de-
Tense to tie prosecution therefor. This is
very important provision, tor it makes the
plea of insanity in murder cases extremely
difficult, and compels the defense to prove
what In nine cases out of ten cannot be
proved. The chapter relating to suicide
we have discussed in a separate article, but
We may add here that the code makes it a
felony to advise or assist any one in com.
hitting suicide 1t may be doubted
whether there is any need for such provi.
sion, for as a rule persons about to kill
themselves take no counsel with any one,
and the act OF advising or assisting per-
son to commit suicide is never heard of.
and presumably seldom or never occurs.
Severe penalties are imposed upon dueling
penalties which would no doubt be re.
garded with horror and indignation in any
Southern State, but which are none tie less
a proof OF advancing civilization.
But the chapter which has been most
sharply criticised is that treating "of
"crimes against religious liberty and con-
"science." One section IS as follows ::
"Profane swearing consists in any use of
" the name of God or Jesus Christ or the
"Holy Ghost either. in imprecating divine
vengeance upon the utterer or an.
"a other person, or in trifiing or irreverent
"speech." That certainly smacks of the
Blue Laws very powerfully. 1t is in fact
bold attempt to force one religion upon
people under the false pretense of establish
ing religious liberty. For it is clear that
to persons who do not believe in the
divinity of the members of the Trinity.
there can be no profanity in the use of
their names. But this Code forces every
one to govern themselves by the same reli.
| gious standard. We have no doubt that
! the section referred TO can be shown to be
| in contravention of the United States Con.
stitution, but in any case it is apparent
that it will be dead letter. The most
Puritanical doctrines, however, have been
pressed into the service of the State in con.
nection with the section on Sabbath
breaking" which really seems to carry us
back two hundred years or more. In the
first place, call manner of servile labor,
Excepting in works of necessity or
charity" is prohibited on Sunday, and
next all shooting, hunting, fishing, horse.
racing, gaming, or other popular sports,
Exercises or pastimes all trades, manu-
fractures and mechanical employments
I" all manner Of public selling, or offering
"or exposing foy sale publicly of any com.
"modities, except that meats, milk and
&c fish may be sold at any time before 9
O'Clock in the morning, and except that
food may be sold to be eaten upon the
"premises where sold, and drugs, medi.
"cines and surgical appliances may be sold
cat any time of the day." In this sweep
ing prohibition every kind of Sunday amuse.
ment is included.
Then follow provisions prohibiting the
disturbance Of religious meetings, and
making such disturbance a misdemeanor.
The following acts constitute such an
otfense "Uttering profane discourse or
"making any disturbing or unnecessary
"noises near enough to disturb the so.
"lemnity of the meeting engaging in or
promoting within two miles of the place
where religious meeting is held, any
tracing OF animals or gaming of any de.
"scriptien obstructiDg in any manner
without authority of law, within the
:" like distance, free passage along high
way to the place OF such meeting"
Professions and parades on Sunday, except
at funerals, are forbidden, and even at a
military funeral no music Is to be PLAYED
within block of any place ''where ser.
"vice is then celebrated" 1t is evident
enough that if the new Penal Code were
carried out literally and rigidly, the people
of New York would largely, if not alto
gether, require 20 be born again." for
not possessing the Puritanic spirit they
would have to acquire it, and the process
would be both tedious and difficult What
the trainers of the Code expected to &C.
complish by provisions which in SO many
respects are in fat opposition to the
strongest popular tendencies, it is difficult
to understand. They surely cannot have
thought 1t practicable to break down the
will OF free people by offensive and OBJ
noxious legislation, and yet this is what
they seem to have been aiming at. Il is
of course perfectly apparent that all these
provisions against Sunday amusements,
against "profane" discourse, against the
running of steamboats, and trains and
newspapers, on Sunday, are absolutely
worthless. A spasmodic ana feeble pre-.
tense may be made of putting them in
effect, but public opinion, even in New
York, cannot be controlled in that way,
and the Code will be openly and defantly
and safely ignored and disregarded.
The fact is that the continental way of
spending Sunday is becoming tie fa7orite
practice in all the large American cities,
and this because it is an eminently rational
and wholesome custom. Sunday is the
holiday of the poor 1t is the only day on
which the working classes can snatch
short excursion into the country or to the
seaside. 1t is pre-eminently the favorite
day for such excursions. Tens of thousands
OF industrious people seize that opportunity
to go with their families to suburban re.
sorts, and very few of those who spend the
day there are in any way harmed by the
experience, while to the great majority
there is distinct gain, of incalculable