The sun. [volume] (New York [N.Y.]) 1833-1916, 1891-08-04
InNs Against Sunday Labor.


hbits certain forms OF labor on Sunday,
under penalty OF fine or imprisonment. A
year ago citizen OF Tennessee named r.
NJ. KING, who belongs to the sect known as
the Seventh Day Adventists. was tried and
convicted under this law for having
p!ouyhed field on his farm In Obion county
on Sunday. The conviction was affirmed by
the Supreme Court Of tho State. and the
case was then taken by means OF habeas
corpus proceedings into tho United States
District Court for the Western District OF
Tennessee. on the ground that Mr.. KING was
held in custody by the Sheriff in violation Of
the Federal Constitution. The case was
argued before District Judge HAMMOND OF
Memphis. who has just rendered a decision
adverse to the application. which denial.
according to the teegraphic report is based
chiefly on the ground that no question is
involved which is cognizable by the Federal
courts.
This conclusion is in accordance with the
weight OF authority and consistent with
what may be called the Democratic view OF
the Constitution OF the United States, or tho
Interpretation OF that instrument which
leaves the largest liberty in their domestic
concerns to the several States of the Cnion
II the Sunday law OF Tennessee does not
violate any provision OF the State ConStitu-
ton as interpreted by the State Supreme
Court, the Federal tribunals will not pro-
nounce it invalid, and cannot interfere with
conviction under it unless it is clearly
made to appear that some command or
prohibition contained in the Federal Consul.
tuition has been dsregarded.
4, Ctntn if,Ysin l,if
the enactment OF any law respecting an es-
tablshment Of religion. 1t has repeatedly
been held, however, that statutes providing
for the punishment OF blasphemy and other
forms OF profanity do not fall within this
constitutional prohibition. These statutes
are justified on the ground that profanc and
blasphemouS language is offensive to the
general public sense Of decency and pro-
prety, and that its utterance tends to dis
turb the public peace and order. The pun
ishment Of tlas phemy and profanity cannot
be regarded a7 in any sense q denial OF the
fullest religious liberty inasmuch as no re-
ligion commands or approves the Use Of
blasphemuuS or profaEe words under any
circumstances.
| 1t has been admitted, however. by some OF
| the abest Judges and law writer's. that the
| argument in support OF statutes against
| Sunday labor is by no means so cogrnt: and
| Chief Justice COOLEY has we'll said: THE
| Jew who is forced to respec: the first day
| of the week when his conscience requires Of
! him the observance OF the seventh also,
| may plausibly urge that the law discrimi-
mates against his religion, and by forcing
| him to keep second Sabbath in each week,
unjustlv. though by indirection. Furnishes
| him for his belief"
| Nevertheless the Sunday laws against
labor have generally been sustained by the
| courts in this country, either on the same
ground as the statutes against hlasphemy-
that is to say, out of respect to the wishes
o! the vast maiorlty-or as sanitary rcsula-
tons founded upon the common experience
that men generally need one day OF rest in
| the week
In this State it is not every form of labor
that is prohibited on Sunday, but only SER
vile labor: and contracts for servic labor
have been upheld by the courts where the
work began on Saturday and extended over
| into Sunday. There can 10 little doubt,
| however. that under the New York statute
| p!oughiug would be deemed servic labor.