Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1882-01-13
OLYMPIA. WASHINGTON TER.
FRIDAY ENEG. JAN. t.. lSS2.
Whisky and Sunday.


dispute until judicialiy determined
by our courts, there is law how in
force, and which has been on the
statute books several years, prohibit
ing the sale Of intoxicating Liquors
on that day, enacted in due form
and embodied in the code, which is
not weighted down by any Of the
technical defects of the act designed
especially to secure better obser-
vance of the Sabbath. The provis-
ion is found in Section l, 2GG of the
Criminal Practice Act and the four
sections which follow consecutively
after it. They are as follows:
Sec !, 266. No person shall keep oEen
anv play house, or theater, race ground,
cock pit, or play at any game of chance
for gain, or engage III any NOISY ;iilu>c-
ments or keep open any drinking or bill-
lard saloon, or sell or dispose oil any III
toXicating liquors, as a beverage, on the
first day of the week, commonly called
Sunday.
Sec. l,2G7. No judicial business shall
be transacted by any court, except the de-
alterations of jury who have received
case on a weekday, so-called, ana who
receive futher instructions from the court
at their request, or deliver their verdict,
nor any civil process be served by certify
ing or attesting officer, or any record
made by the legally appointed or elected
ly called Sunday: ProrMed, That crim-
inal process may issle for the apprehen-
sion of any person charged with crime,
and criminal examination to be proceeded
with. Writs of arrest, attachment and i'll
functions MAJ issue and be served on
Sunday in all cases, in which the said
writ might have been issued and served
under the provisions of the Civil Code, the
Justices Practice Act and the Probate
Practice Act.
Sec. 1,26S. Any person violating any of
the provisions of the two preceding sec
conviction thereof by finc of not less
than thirty dollars nor more than two
hundred and fifty dollars for each offence
Sec. 1869. All violations of the provis-
ions of this act shall be triable Ill any
court having jurisdiction thereof.
Sec. 1,27O. The person or persons found
guilty of any Offense specified in this act
shall be fined as aforesaid, to be paid to
tho Treasurer of the county for the bene-
tit of common schools and the offender
shall stand committed until the fine and
costs are paid, or the same be commuted
bv confinement, at the rate OF two dollars
per day.
The effect of this law has been
hitherto to elicit o semblance of re-
spect by closing the front doors of
drinking houses on Sunday, while
it was we'll know that the traffic
proceeded without hindranco by
means of entry from the rear. No
effort has ever been made, SO far as
we can ascertain, to- secure any
further respect for the enactment
than this, Notwithstanding there has
been an incessant demand for more
"law" to aid in stemming the tide
of intemperance. Why it has been
so, is probably owing to the fact
that those who respect the law be-
long to q class of persons who do
not frequent such resorts. and not
possessing, individually, knowledge
which would convict, they are 10th
to engage in a contest which, how
ever righteous in itself, might not
al the decisive moment, be able to
marshal an array of the truth which
would secure conviction. The pre-
sent law makes it the special duty of
Sheriffs and Constables, within their
respective jurisdictions, to give in
formation of any violation of its pro-
visions, and provides that wilful neg
lect OF, or refusal to perform, this
service 10 the public, shall be pun
ishe,l by fine of from 500 to $500,
and imprisonment for term of from
one to six months, or both, if the
otiense warrants it, besides q termi-
nation of their tenure of office. If
this does not afford adequate. means
to ensure strict observance of the
law, it would seem to he matter of
extreme difficulty to devise more
feasible plan.
The main objection urged against
the Sunday law by Counsellor
White was. that it granted special
privileges, which the Legislature
was restained from doing by Section
1889 of tide Revised Statutes. This
does not seem to apply to the above
sections of the Penal Code, unless
it is assumed that all business avoca.
tons not enumerated in Sec. 1 ,266,
are thereby given, by implication, o
especial privilege" to pursue their
secular callings on Sunday. But IL
censing sale of intoxicating liquors is
in itself q special privilege, exercised
by a small proportion of the COM
munity and denied to all others. 1t
is privilege which is not afforded
to every citizen by the payment of
specific sum OF money, for the pro-
per officers may refuse a license for
reasons which to them are satisfac-
tory, or revoke it for cause. If they
can restain anybody from selling
liquor seven days in the week, it
seems that there should be no doubt
as to the authority being vested
somewhere to limit the sale to six
days by those who are authorized to
enjoy O privilege not held in COM
mon by each and every citizen.
1t is hoped that the validity of the
late enactments will be tested, in
justice to all concerned. If it is
lawful for one man to sell liquor on
Sunday n is not rioht IN rastYo;p