The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1886-08-03
punished by fne not exceeding Tor

dollars"
You will SEE lha, though unuse.
ments and recreation are futndden.
there is no penalty rcsctihcd for
any indulgence in mere Ierfcalion
and amuscmcnts, such hs II drive u
Waikiki (a~ suggested ly counsel
for del endnnt) iur the amusement
must parlakc of public character
to be punishable. "Shuws, enter
tainments, games and sports" and
the like, are punishable undoubtedly,
because they would interfere with
the quiet and repose which all per.
sons are entitled to enjoy on that
day. But in the case before you,
you need not discuss the law as re-
CARDS amusements for the defendants
are accused of violation of the law
by doing manual labor on Sunday.
to wit, irrigating sugar-cane on the
Waianae Plantation on Sunday the
25th April, 1886. The law says that
"works of necessity are excepted"
These may lawfully be done on sun
day. Now, some say that as bread,
meat, milk and other necessary
articles of food are prepared and
distributed TO consumers on Sunday,
the whole community breaks the
law. i do not think so. These
domestic operations, if they must he
performed each day, would be neces-
sary; if they arc indispensable TO
the health and comfort of the com
munity. So in our climate the using
of horses and carriages as means OF
conveyance may well be considered
necessary. l do not concede that
the law should be openly disregarded
on the plea that every member OF
the community is in one way Or
another Sabbath breaker" 1t
is not well in law to enter into
particulars, for when there is an
enumeration what is left out of tie
same class is considered TO be eX-
Guided. If certain specified trades
as of butchers, dairymen, and
apothecaries were specially excepted
in the Sunday law, then other trades
equally essential to the health of the
community, as of bakers, would be
excluded as not being specifically
mentioned. In my opinion, though
not law-maker, it is better to leave
the law as it is, and leave what may
fairly be considered "works of
necessity or charity" to be con-
slrued by the Courts. 1t must con-
mend itself 10 the good sense of
every one that when fire breaks
out, the work of subduiug it is a
work of necessity and eXcusable
under the law. So when, 10y u sud-
den and unexpect,d storm, property
is in danger of loss from exposure,
it should be protected and such work
is eXcusable On Il plantation, if a
sudden freshet If water should tear
through the fields it would lie proper
to call the lab0rers oui AID turn the
water off. These are clear cases.
1t would BE- impossible to define
every case of necessity. We have
many reported cases where courts
with a law almost identical with ours
have held, for instance, that work
done on Sunday in repairing damage
to public highway then discovered
is work of necessity. The case is
Flagg VS.. Inhabitants of Millhury,
4 Cushing, 243, and the Court say Z:
"By the word necessity in the cx-
ception we are not to understand q
physical and absolute necessity bnl
Il moral fitness or propriely, IF tho
work and labor done, under the cir.
cums'ances of any particular case
may well he deemed necessity with
in the statute. Now, when u defect
in the highway is discovered on the
Lords day, which may endangel
the limbs and lives of travellers, il
is not only morally fit and proper
that it should be Immediately re-
paired, but it is the imperative duty
of the town, which is bound 10 keel
the highway in repair, to cause So
to be done, or to adopt means tc
guard against the danger until il
can he done, and work and labor
done for this purpose is no violation
of the law, or of religious duty"
(Other cases were quoted hy the
Chief Justice).
The experience of the world fol
ages has shown that mankind needs
one day in seven as day of rest
A wise man has said that, "The
liberty of rest for each depends upor
law of rest for ALL" In order thai
all, and especially the laboring man
may have one day for rest, thes,
Sunday laws are enacted in nearly
all Christian and civilized commu
mites, and when they are once
broken down by any one class th,
competition of labor is such tina
Sunday no longer becomes a day o
rest for any.
1t is, as have said, difficult L
define every case of necessity; thi
4