Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1882-04-01

Mr.. Nagele's case is not a decision in anJ
other case. The decisions of a Court are moi
law, but simply interpretations. The Su
preme Court of this State has decided time auG
again that this Sunday law was unconstitu
tional, For twenty years those decisions
have stood and been recognized as authority.
Now, because Court by the smallest maj IT.
Ity and the largest minority, has decided thati
constitutional, does not make itlsw. A &c .th
on the Supreme Bench to day might result
in the rendering of an opinion with the ma
jority on the other side. Any kind of Suaday
law has been held by all eminent jurists and
all Supreme benches to be unconstitutional.
This decision was mere scratch, as you
might say. The three men who were in the
minority on that decision have more legal
ability than the four who decided that it was
on that bench are strong religionists. Instea d
of this matter being settled fact as far as
its constitutienality is concerned, it is the
most unsettled question in this State to-day.
This jury is not bound by one decision Of the
Supreme bench, when irinumerable decisions
Of the same Court have been rendered in OPP
position. The decision Of Court is not law,
but only decision of evidence in q case.
Even series of decisions is not always evi.
dencs of what is law. The doctrine that the
Sunday law is portion of the settled law
of the State of California is not yet
settled. The law has not been settled,
and is not recognized as being settled.
The bar of this State are divided on the con-
stitutionality of this law. The sense of the
legal profession and the public have not
recognized that the Sunday law is a constitu-
tional law. You know that this matter is
not settled il California to-day, and you
know that the Supreme Court Of the State
are divided on the question as evenly as they
possibly could be. I would not come into
this Court AID admit that there was a law Of
this State that my client was violating.
came here TO defend this case. claiming that
there is no law that he is violating. l leave
this case as I opened if, by stating that have
nothing to say against rellglonlsts or the
religion of any sect. My client has not VIC.
lated any GOES .itutional law. It Is suicidal
policy on the part of the extreme Christian
rel giol ist to further prosecute these cases. Ii
you bring in a verdict of acquittal 1t will re-
lieve the Courts and the people Of this city
The law is obnoxious to the majority OF our
people. 1t would be better for all that this
thing be settled at once. There are 100 cases
| to follow this one, and of course they will all
make defense. I trust that the matter will
be settled.
MIR, Auderson-Your Honor, and Gentle
men of the Jury I have listened with great
interest to the eloquent and exhaustive argu-
ment of Judge Mcfarland. His argument
was devoted entirely to the uncoDstitution'
gltyo of the law IN question. You are not
sitting here to judge of the constitutiopalty
| OF the law. You are to deal with the law as
you find it. 1t matters not to you whether
the policy Of the law is good or bad. That
is something you are not called upon to de-
eide. This is not religious law, but pro-
hibitorv law. We all have to sacrifice some
rights for the public good. Every law has
| its restriction, more or less. This law is as
cid as the State almost, and has been en-
| forced number of times. The Court is d.
vided in regard to the coustitutionali5y of the
law, but it is the law, and 50 decided, never
| theess. Oar Legislature is the power
of this land, and they have in their wisdom
seen fit to pass this law, and to them must
you look for its repeal. This is not re-
lisious question. The jury must take the
law as they find it, and take it from the
Court. The Constitution of this State gives
the Legislature power to pass Sunday laws,
and say that they shall observe day of
rest. Il il Just as legal az to declare
the Ali of July, 221 of February or
Thanksgiving Day holidays. This was not
done for religious purposes. The Legisla-
ture has passed that law, and it is my duty
| to see that the same is enforced. A Sunday
| law has baen observed since the time OF
Moses. Jurors have no right to decide upon
the constitution atty. of the law. The only
question is, did the defendant keep open
| his place OF business on Sunday, in violation
of the law?' If SO he is guilty, and you
must find against him. There is nothing in
| this case to argue. 1 rest the case with you,
gentlemen of the jury.
the Penal Code, and told them that if they
found that the defendant had kept his place
open on the Sunday in question and trans.
acted business, to bring 10 verdict OF
guilty. If there was question of doubt, the
defendant was entitled to its benefit.
The jury retired at P. NJ, and at 3:15 re-
turned a verdict of not guilty. -Four ballots
were had in the jury room. which stood as
follows and 3. 10 and 2. II and l, IL.
KNIGHTS OF PYTHIAs Picnic. - The
Knights of Pythias of this city have made
arrangements to hold their annual picnic at
Natoma Grove, Folsom. on Thursday, May
! 4th. The Committee of No. IL is composed
of Nelson Wilcox, J. F. Lucas, j. j. Fitz-
| gerald. Geo. BOVINE, Geo. II. Smith, Herman
Winters of No A. Geo. w. Lorenz, Chas.
| E. Leonard, P. J. Spacher, Herbert Melvin,
Richard Brown, Z. 81. Tryon, II. L. Mckee.
The committee organized by the election of
George w. Lorenz az President; j. F. Lucas
as Vice President; P. j. Spacher, Secretary,
and Nelson Wilcox Treasurer.
CHURCH Soc1AL-A. the Calvary Baptist
Church, last evening, the young peoples
guild held their regular monthly social. The
exercises consisted of prayer by the Rev. J.
@. A. Henry; piano solo by Miss Hattie
| Doan Rotations by Master Guy Platt, Q.
A. Fiske, Harry Jeffrys and Miss Nettie
Deglemou, and Messrs. Stryker, Robinette
and Lyons quartet by Misses Della Wilson,
Grace Conkling and Messrs. g. e. Parker
and T. J. Kerlin. The Ladies' Aid Society
furnished a tempting repast to the guests.
The attendance was large.
AUCTION To.DAY.-Sherburn & Smith an
ncuncs another large auction of consigned
household furniture to-day, at their sales
room, 1913 K street. at 1890 A. NJ. Every
thing in the house keeping line, with some
elegant oil paintings. Also, broken pack
ages of groceries. Also, twenty-five new
assorted sizes of albums. They say it is i'm
perative that these goods be all closed out,
and buyers have only to set their prices and
take the goods.
METROPOLITAN THEATER-" Uncle Toms
Cabin" which has had an unexampled run
here. will be presented by the Jay Rial
troupe this afternoon at o'clock, at matiaae
Dricea, and this evening Tor tne tasI Time.
| The company cannot complain OF want OF
thorough appreciation on the part OF this
community.
LEcrURE.-Hon. w. b. c. Brown will de-
liver lecture at the Seventh-street NJ. E.
Church South, at o'clsck, on the evening of
April 5sh. Subject The Immortality of
the Soul Demonstrated by Reason-and Facts,
Independent of Biblical Proofs" An admis-
sion fee of so cents will be charged.
CAxTATA-The Scriptural cantata, " I'm
der the Palms" viii be given at the Sixth.
street NJ. f. Church, Wednesday evening,
April 12.h There will be chorus of eighty
voice.. Soloists Mrs. Addie Carter, Miss
May Milliken, Messrs. Btuner and Buchanan.
OVERLAND MAns-Ths general delivery
aud carriers department at the Postoffice
will be opened tomorrow from II NJ. to P.
NJ, for the delivery of FIVE days delayed
mail, which is expected to arrive in the
| morning.
No MORE FARo.-Last night Chief Kar-
cher notified all the keepers Of faro games
in this city that henceforth the dealing of
| faro would not be allowed. All the games,
therefore, were closed at an early hour last
evening.