The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1890-07-04
Sunday Shaving.

Some years ago the legality of con-
ducting the business of barber on
Sunday was decided in the negative
by Judge Elwell. 1t was one of the
first cases of the kind brought before
the courts of this State. A similar
case is pending in Philadelphia and we
print below full report Of it, because
of its general interest.
john III. Fow and Edward A.
Anderson brought the question before
the Court by an appeal from the sum
mary conviction of William r. Wald-
man Magistrate Baird found Mr..
Waldman guilty of violating the Act
of 1894 by working on Sunday. The
argument OF Messrs. Fow and Ander-
son was two.fold. The first point was
that Mr.. Waldman could not be de-
prived of his liberty in a criminal pro.
ceeding witho At trial by a jury. The
second point was that BARRIERS work
was work of necessity, and as such
would be exempt from the penalties of
the ancient law.
Stress was laid by Messrs Fow and
Anderson in their argument on the
first point that "the thoughts which
influenced the members of the Legis-
lature and the Constitutional Conven-
tion, that 40 man should be deprived
of his liberty and suffer the ignomy of
au Imprisonment at the will of Judge,
but only on solemn conviction of
jury of his couutrymen. They we'll
knew that in the Court of Com
mon Pleas the Judge is omnipotent,
that the verdict of the jury, be it for
plaintiff or defendent, Common wealth
or prisoner, is at the mercy of the
judge; he gives the law to the jury,
and they simply pass upon the facts.
Ii their verdict is not in accordance
with law as he understands it, or il the
facts abducted donot warrant their YER.
dict or do justice between the parties,
he may set the verdict aside, and 80 on
until verdict is found that in his
opinion does justice. But in Court the
Quarter Sessions, where a mans liber-
ty, instead of his property, is involved,
there the jury is omnipotent, and the
power the judge has is merely to di.
rect, an not control, except in cases
VII re injustice has been done the
prisoner"
Judge Pennypacker decided this
point against Mr.. Waldman, on the
ground that if the Legislature had in
tended to take away the right of sum
mary conviction, it, would have 30 ex
pressed itself in some law drafted tc
meet the case. AS the Legislature haG
done nothing of the kind, the Cour,
could only read law as he found it.
| Advancing to the discussion of tn,
seoond point Mr.. Waldmsn's counse
argued that the decision of the ques
tion whether BARRIERS work was
work of necessity, was a question O
fact which a jury should determine
but under the circumstances the
would haYe to submit this 'importan
q lesticn of fact to his Honor's solu
Llon."
Witnesses were then called to tn
stand, all Of whom testified that the
shaved or were shaved on Sunday an
considered it necessity to have
clean face, and that it had been for year
a custom to keep barber shops open o
Sunday.
Mr.. Anderson ad iressed the Cour
I with particular emphasis upon tn
argument that the rise and progress {
}, a custom in the community establisht
, the idea of its necessity. The arg,
: ment then followed closely the lin
! set by the paper book prepared
!. Messrs. Anderson and Fow, fro
a which the following are extracts:
9 "My cook prepares my food on So
T. day, the maid cleans up the house, Y
wash our hands and face: why shou
A." not my barber shave met The 81
e goes round seven days as we'll as 81
a mans appetite is just as strong {
| Sunday as any other day; his han
and face grow dirty, his clothir
dusty and untidy and his beard co
a tinues to grow.
y "a large class of the community a
h so engaged as not to have the time
e get shaved on Saturday, and to otht
It a shave on Saturday will not rend
,e them clean on Sunday; and as clean
IS ness is next to godliness, it is not OF
N a necessity to all, but duty to the
~ who are God.fearing.
ID DISTANCES are annihilated by I
er wonderful inventions of man, mode
Id progress has caused the wants of m
p to increase, and that which was not
of necessity in 1894 may be a neoess
ne to-day. In 1894 there were but sey
lis barber-shops that also practiced c.
ny ping and leeching in Philadelpt
a We to-day are better able to Judge
ID. our wants, from point of necessi
. than our fore-fathers; and the sci
lie ment of this community is that sh
en- ing on Sunday is work of necesslt
nd AT the conclusion of the argum
of Judge Pennypacker announced t
ed "as the position taken in the case
fected the interests of large and
l portant portion of the community"
ng would tske the matter into care
IN consideration.