The morning news. [volume] (Savannah, Ga.) 1887-1900, 1891-02-12

city cannot allow by ordinance what the
state legislature has prohibited, or that
said amendment had not been made, the
question then arises as TO whether the sell
ing of cigars from stands run
by hotel keepers as part OF
their establishment is in viola
tion OF our state law, which reads as fol-
lows: ANY tradssmsn, artifcer. work
man or laborer, or other person whatever.
who shall pursue their business or work Of
their ordinary caIlings upon the lords
day works of necessity or charity only ex-
cepted), shall be guilty of q misdemeanor,
and, on conviction, shall be punished as
prescribed IN section 4,SI0o of this code"
This question seems 70 be rare one in the
courts. II has. however, been decided in
favor OF the hotel keepers, under law sim
liar to ours, in a state whose supreme
court is held in high repute. The decision
went further, and decided that hotel keep
ers could also sell cigars on Sundays to
their regular weekday customers. But,
subsequently, the same court disspproved
the latter portion of said decision, for the
reason that 1t would be turning a hotel
cigar stand into a ssventh-day cigar mo-
nopoly; and, while not disputing the point
that hotel keeper may legally sell cigars
on Sunday to his guests, the court leaned TO
a restriction in favor of trdUeling guests,
the reason being, no doubt, that permanent
guests ought not to be favored as against
other residents of the city. These cases are
not binding as authority in this state, aud
therefore it is impossible TO say how our
supreme court would decide the question.
There are many things besides the selling
of cigars to guests by hotelkeepers on Sum
days, which the courts Of last resort in
various states have excepted from the gem
eral law as being works of necessity.
Among such may be mentioned
the following Gathering fruits
and harvesting ripe grain, to
prevent their decay and loss; hauling fruits
to market, to save them from destruction;
keeping open barber-shops, express offices,
hotels railroad ticket offices and telegraph
offices; manufacturing malt beer; physi-
clans attending to their professional duties;
repairing railway tracks; and running gas
works, railway passenger trains and street
railway cars. No general rule can be laid
down in cases arising under this head, but
each case must be decided upon its own
particular facts.
The city has no power to fine any dealer
for selling goods in the business OF his or
binary calling on Sunday. because the
offense is punishable by a state law, which
excludes further legislation by the city.
But. as In the case of tipping houses, the
city, under its ordinance of 1854, can fine
any dealer for keeping open any door or
window to his place Of business on Sunday.
whether sale Of any prohibited article is
made or not.
While advising the performance of every
duty at all times, we believe in being con-
sentative and temperate in all things, and in
showing fair play to all persons And we
further believe that wisdom, justice and
moderation, if accepted as a motto in deal
ing with the two important questions dis
cussed above, will avert the errors of fanat-
icism and puritanism on the one hand, and
OF breaches Of the laws, accompanied by
bacchanals and ungodliness, on the other
hand ARNOLD.
Savannah, Ca. Feb. 9, 1891.