Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1882-12-29
Jewish Citizens Rights on SUM
day IN New York.
uaroI1 0<th


The decision given by Judge Arnoux
on Saturday raises rather than settles
several questions as TO the rights OF
Jewish citizens on Sunday. Jude.
Armour holds that by the penal code
Hebrews are prohibited from engaging
in any trade, manufacturing or me.
chanical employment on Sunday, but
are permitted TO do servile labor. He
further says that the code authorizes
their arrest ever for doing seryile
labor, but makes the fact of their
keeping Saturday as a holy day a de-.
tense to their prosecution.
If Judge Armour has rightly con.
strued the code, then the law isabsurd;
for it permits a jew to do any kind Of
manual labor on Sunday, except in the
matter Of trade or manufacturing. but
it does not allow him to sell anythinf
or engage in any kind of business, He
may work as %servile laboror, but ma,
not sell cigars. A sti ! more ridiculous
inconsistency in toe law as Just inter.
preted is that for doing the work thai
he is permitted to doom Sunday a Jew
may be arrested and prosecuted, but is
to be discharged when it appears thai
ne is a jew and observes the Jewish
Sabbath.
We DO not say that Judge Arnoux's
decision is wrong. lie takes certain
sections Of the code and construes
them literally. This literal readint
seems to support his conclusions. But
it may be doubted whether such wa,
the intent Of the Legislature. and
there is no room for question whether
if all the Sunday provisions ofthe code
be literally read together as a whole.
a different conclusion from thai
reached by Judge Arnoux may not be
warranted. 1t is evident, from tbe
language used in the revised statute,
the provisions Of which are supposed
to be reproduced in the code, that the
Legislature intended TO extend 10
conscientious Hebrews the privilege
OF observing their own day Of worship
without holding them to a rigid OBJ.
s%ervance Of another. TWAS evidently
intended to give those abstaining from
labor and business on Saturday GER.
tain substantial privileges on Sunday
BY excepting them TO a considerable
extent from the operation Of the pro.
visions Of the Sunday law. But, as
interpreted by Judge Armour, the
penal code makes very little difference
between them and other persons. II
gives them but the shadow while il
denies them the substance of their
supposed privileges. In short. il
compels them to observe Sunday about
as all other citizens are compelled to
observe il.
A law which has this effect may also
raise an important constitutional
question. The constitution of this
State declares that "the free exercise
and enjoyment Of religious profession
and worship without discrimination
or preference shall forever be allowed
10 this State to all mankind" II il
true that the law which compels all
Jews TO keep Sunday as q holy day
does not prohibit them from worship.
ping on Saturday. But may it moi
have a strong tendency 10 force them
to give up their own holy day and &C.
cept that Of another faith2 II a law
were passed making Saturday instead
Of Sunday a day Of rest all Christians
would rebe! against IL as an un war.
ranted and unconstitutional invasion
Of their religious freedom. Is not the
principle a good deal the same Wher
Hebrews are compelled to obserg,
Sunday asa holy day. Does such !