Telegram-herald., 1891-08-06


sec. the seyenth-day Adventist. who
was convicted under the Sta.e law Tor
working on Sunday. attracted con
siderable attention a year ago. More
particular interest was given the case
for Michigan readers because Hon
Don 81. Dickinson was retained To
carry the case into the federal courts
on a question OF constitutional In
terpretation. This was done by writ
OF habeas corpus, the contention being
that the conviction was contrary To
the bill OF rights os Tennessee and the
constitution OF the United States, and
that the defendant was held prisoner
by the sheriff without due process OF
law. The application was argued sew
eral months ago. before United states
District Judge Hammond. and he has
had IL under consideration since. He
has just handed down a lengthy and
learned opinion. which dwelis exhaust
ively upon every phase OF the argu-
ment In favor OF King. The dcfent
ant Is remanded 70 the custody OF
the sheriff 10 pay his fine or submit 10
Imprisonment. The summary OF the
decision given In the press dispatches
Il as follows: The decision is based
not so much on the constitut.onality OF
Sabbath laws as upon the fact that
King was convicted under process OF
Tennessee law. and IL Is not in the
province Of the Federal court to re-
view the case. Malice. religious or
otherwise, may dictate a prosecution,
but n the law has been violated this
fact never shields the law breaker.
Neither do the courts require that
there shall be some moral obloquy TO
support n given law before enforcing
tt. and il Is not necessary to maintain
that TO violate the Sunday observance
custom shall be of itself immoral to
make il criminal in the eyes OF the law.
II NAV be harmless in itself. because
"a petitioner believes. God has not set
apart that day for rest and holiness.
TO work Sunday. and yet. II man has
set IL apart in due form by his law
for rest. IL rust be obeyed as mans
law n not as Gods law. And 1t Is
just as evil to violate such a law in
the eyes OF the world as one sane.
toned by God-iust as criminal in law.
The crime Is In doing the thing for
hidden by law, harmless though it be
in itself. Therefore. all that part OF
the argument that IL is not hurtful
in itself TO work Sunday, apart from
the religious sanctity OF the day. is
beside the question
When the case was attracting gen
eral attention last fall the Telegram
Herald commented at some length on
what IL deemed the prominent fca-
lures ot the questions involved. and
Judge Hammond has followed very
closely the same line OF thought as
portant civil question Is raised in this
case-one which. IL seems. will; go
rather TO the policy OF the law than
TO its constitutionality- The United
states Supreme Court, which has just
held prohibitory liquor laws good. as
a necessary protection 70 society. will
doubtless hold Sunday labor laws
good, IL the State deems Sunday'work
TO society. The legis-
Iative department is the proper Judge
of that question. IL doubtless can for
bid labor on that day. IL 1t deems the
welfare oi society concerned In such
prohibition" And again: III the
Sunday laws rested entirely upon re-
lixious grounds. they would have TO
stand or fall with the Sabbath auss-
tioa. Bnt they are not so based. but
rather on a question of policy. II has
long been deemed good policy both
physical and moral--to recognize
and insist upon rest Of one day in
seven and. since the Christian world
generally observes sunday as It's day
of rest. the law has chosen that day
also. The law making power doubt
less has a right 20 make this selection
In the exercise of its authority to pro-
tect and preserve the aest interests of
society II viii ne noticed that
Judge Hammond and the Telegram
Herald both set outside ~ the case
the questions ~ copStitutionaIitv. Of
the genuine Sabbath and of morality.
and regard the Sunday laws as based
entirely on a question of policy 10 be
hy the iegisiativs depart
ment. 0f course. the case viii now
be taken 60 the United States supreme
Court and that tribunal may take a
different view ~ the questions In
volved. But 20 Tar the Tennessee sun
tsy laws have safely run tho gauntlet
% tbe inferior state courts. the state
Supreme Court and the United states
District Court. ard seem ~ ~ In fair
way ~ holding cut 20 the end
a