The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1886-07-28

mercial exigencies Of the representative
cities Of developing nation. Without
commenting on the historical facts,
or the religio-political domination
which made the passage OF the Sunday
law upon our statute books possible, we
hold that the time has arrived when
such iron-clad enactments fail to meet
our present requirements, and have
ceased to be in accord with the intelli-
gence and sentiment OF a large portion
Of our people. The law as it now stands
is a disgrace to our civilization and q
hindrance to our material prosperity.
Whenever a belief interferes with the
prosperity Of individuals, its reasonable
ness can always be determined by COM
pairing it with the practical utility which
Nature demands for meeting the necessi-
ties of her children.
1t is true that our present Sunday law
seemingly turns on the point OF, 'What
is necessity" But in determining the
question we should not allow a
theory OF duty to interfere and
shape a definition OF Flaw, when
such a definition ought in justice
to conform to the wants arising from our
present state of industrial, commercial
and social Development II our present
Sunday law was strictly enforced accord
ing to its letter, it would cause more
hardship and injustice to the industrial
interests of these Islands in one year
than the "good works. put forth under
a religious theory of duty could atone for
in decade.
This brings us to the status of our
present law, which has been in force
throughout these islands for many years.
And it is a curious fact that the first
jury test this law has ever been sub
jected to was in the case of the Crown
vs.. All Sing ct ais, which was tried dur
ing last Saturday, upon an appeal from
the Intermediary Court, before Chief
Justice Judd and foreign jury. The
verdict Tor the defendants, who were ar
rested while watering sugar cane on a
Sunday, have already been given to the
public in our columns. The jury in the
case stood ten for acquittal and two for con-
viction This was clearly a verdict pro-
nounced against the ''theory of duty -
as embodied in the present law, and in
favor OF that practical utility which the
80 Ir Il. 81, hta 10
a part of the cause of humanity.
In view of the proposed change in our
Sunday law, and of the possibility at any
time of our greatest industry being mate
rally crippled to suit the religious scru-
Piles of few, we wish to say plainly that
no law is considered just in this age
which excludes from works of neces-
sity' such work as would be considered
ordinarily necessary to prevent pecuni
airy loss or even hardship to persons en-
gagged in any legitimate enterprise. The
case cited will call to mind what has
been done for long years under the
present law and what is still possible.
All juries may not be as just as the
present one.
The question decided last Saturday af-
fects not one plantation only, but the
whole business community. The people
who bear the burden of life in these
Islands have the right to demand that
the Legislature give them either
leisure or liberty to work upon Sunday
as they desire. We have no
doubt the Legislature will place re-
vised and improved Sunday law upon
our statute books before the end OF the
present session.