Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-02-06
STIRRED UP BY STEWART.
The Quaker City Member Has to Be
Declared Out of Order
BEFORE BUSINESS CAN PROCEED.
he Replies With Much Warmth and Ap-
pealS to Blackstone.
a RUMORED ALLEGHENY COUNTY BILL
frRoM A STAFF CORRESPONDENT

HARRISBURG, Feb. .. - The Sabbath
question was discussed upon broad basis in
the House to-day. Among the bills on Sec
oBd reading was the following:
Section BE it enacted, ETC.. that on the
TRIAL of all appeals to the Court of Quarter Ses
sions under the act of the 18th day of March,
1876, (pamphlet laws 2s, section y, from any
summary conviction for violation of an act of
Assembly approved April - 1884 entitled 'An
act for the prevention of vice and immortality,
by doing or performing worldly employment or
business on the Lords Day, commonly called
Sunday" the evidence as to whether the work
performed was a work of necessity or charity
shall be question of fact 20 be determined by
sjury trial.
This is one of the bills introduced by Rep
resentative Fow, of Philadelphia, in rela-
tion to the ancient "blue laws" After the
clerk had read it, Mr. Stewart, of Philadel-
phia, sent to the Speakers desk copy of
the Pittsburg Chrjstidn Aduocdte, from
which he requested that the clerk read an
extract. This privilege was allowed. The
article was an appeal TO the public to
write their Representatives at Harrisburg
to check the movement apparent in bills in
troduced by Mr.. Fow TO repeal the good old
blue laws, and lead to Continental Sab
bath in Pennsylvania.
Fow Objects to Personalities.
Mr.. Fow Jumped to his feet and objected
to the reading of the article on the score of
personalities Thereupon, Mr. Stewart re-
quested the clerk to suppress Fow's name if
ii occurred further along in the article. The
reading proceeded, and in a few moments
FOw again objected that the extract was not
german to the subject before the House.
Mr.. Stewart said that if Fow would only
wait he would see that the newspaper
article dealt with this very bill.
Fow insisted that it only referred to the
bill now in committee repeating a portion
OF the old blue laws, and that the present
bill was purely legal question. Mr.. Graham,
of Allegheny. who had previously read the
AdUOcate article. begged Nh. Fow TO be patient
and ne would find the article was GERMAN.
The Chair ruled Fow out of order, on the
ground that the newspaper article was a part
Of Mr.. Stewards remarks, and that Stewart
therefore had the floor. The reading pro-
ceeded again. The article reverted to the bill
in question, and said that IN Allegheny county
the record of the Judges was well known in re-
fusing appeals of this character and the repu-
tation of Allegheny county juries was equally
so well known that it was equivalent TO having
an open Sabbath if this class of cases were
turned over to juries to decide.
Attempted a Total Repeal.
To all of this Mr.. Fow replied very warmly
when he at last got the floor. He reminded
the House that the only attempt that had been
made to effect total repeal of the blue laws
was made two years ago by a highly respected
gentleman from Allegheny county, where this
religious paper is printed-Mr. Shiras. Some
of the ancient laws are good enough, but MIR.
Fow thought the growth of Pennsylvania in
century demands some modification, at least,
of these statutes.
In the olden time when they were enacted
the people were faced with death on all sides.
the yellow fever raging at that time. One of
the laws required chains at the mouths of
streets, TO keep vehicles OFF them on Sunday.
That, however. had been repealed. That early
body OF Legislators little knew the march of
progress to come. They never dreamed of rail-
roads, of telegraphs or of the enormous increase
in population, with It's growing needs for sub
sistence from day to day.
Mr. Cotton of Pittsburg asked Mr. Fow why
he did not extend this bill TO all eases of sum-
mary conviction. Why just limit it to the laws
Of 1874?
An Appeal to Blackstone.
Mr.. Fow said he had not contemplated step
that radical. He then cited cases in the East.
ern courts of this State where thr judges had
refused appeals from these old laws when they
should have gone to jury. He proposed to set
up against the cant and hypocrisy of the news
paper articles Just read the logic of reason. He
cited Blackstone, who said that trial by jury
was the veto power of the people against both
legislators and judges.
The blue laws except works of necessity and
charity on the Sabbath from prosecution, and
Mr.. FOw wanted to know who was to decide
what was work of necessity and charity. He
declared that it was un just to let judge act as
both court and jury In deciding the matter, as
1t now is.
Dir. Stewart, of Philadelphia, made a point
on Mr.. Fow that il the people in yellow fever
times with the fear of God before their eyes
enacted these laws, then the opposite must be
true now, viz: That with peace and prosperity
all around us, and with desire 10 repeal these
laws. the fear of God must have deserted some
gentlemen. He saId matters of Justice were
not always decided by juries This House may
pass unanimously measure which the Cover
nor, as a higher power, may completely over
turn.
Would Rather Trust a Judge.
So it is with the courts. For his part he
would rather trust 4 case to the hands of a
Judge learned in the law than to u ignorant
men gathered in of the streets. vino very often
decide cases of great moment by game of
cards, by the tossing of penny, or by drawing
lots.
Mr. Walton, of Philadelphia. said that while
he was against the other bill in committee for
the repeal of the blue laws the fact remains that
there Is some need of a method by which this
question of works Of necessity and charity
may be decided What might be considered as
such in large cities would be decided by couu-
try courts as pot work of necessity. The
hour OF adjournment having arrived, further
debate was cut of.
It has been currently reported here that a
bill will shortly emanate from Allegheny
county sources for more complete repeal of
the blue laws. that soda water, meat ice,
milk, ETC., may be sold ON Sunday Another
s;ory is that a bill already introduced will be
amended SO as to include these articles among
Sunday merchandise, and at the same time re-
peal the blue laws. SToFIEL.