The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-05-17
OBSOLETE LEGISLATION.

In case Oh the OnlC08O w OEiO l1ir " IL
true that the Illinois statutes contain Sum
day legislation, still in force nominally,
though no longer really enforced, which
dates back to 1s45, and speaks for senti-
ment and generation that have passed
away. It provides fine of SIS for who
ever disturbs the peace and good order of
society by any amusement or diversion on
the Sabbath day." and threatens with
fine any one guilty on Sunday Of "any
amusement whereby the peace of any pri-
vate family may be disturbed" Now these
laws and the sentiment which led to their
enactment are absolutely obsolete, for if
they were not there would be no necessity
of making religious appeal to the de
rectors against opening the doors of the
Worlds fair on Sunday.
In New York state a man may legally
sell fruit. confectionery and newspapers
NIL day Sunday. but he may not legally
fish or hunt or engage in any other public
sports or exercises on Sunday. Why
man should be legally authorized to buy
candy on Sunday morning and yet be for
hidden from fishing on Sunday afternoon
is not easy to understand, and so of course
the statute against fishing is ALWAYS obso-
lete except when invoked as a matter of
private revenge by net fishermen arrested
for fishing with seines contrary to law.
There are Sunday laws and Sunday laws.
We make no criticism on any laws that
seem necessary specifically to shelter and
enforce the peace and order of Sunday.
but there are ancient Sunday laws which
are obsolete. except when invoked for
spite Would clergyman refuse to read
newspaper issued on Monday morning
because it was largely prepared on Sunday ?
Would he refuse to use street car 10 reach
the house of friend on the plea tina, 1t
was Sunday labor not executed in the
cause of religion. of mercy or of charity?
There are ancient Sunday laws that are
obsolete to both saint and sinner, and for
the purposes Of law there is no difference
between absolutely obsolete Sunday laws
aud any other absolutely obsolete statutes.
for when the law breakers become sub
stantially the whole people the law is
dead and ought to be buried by repeal,
rAhSts 40 " Is worse than use
less to attempt to indict a whole pcopls.
An obsolete law is one habitually ignored
by everybody and never invoked save by
isolated social or religious cranks or to
crafty private spite. 1; is folly To confuse
the function Of . statute with the func-
ton of a sermon; the function of legis-
lator who seeks to enact present public
opinion and the function of preacher
who seeks TO enunciate the doctrine OF alb
soluse ideal Christian rcctitude, without
qualification or compromise. Statutes do
not stand for abstract, ideal virtue. but
only stand for the greatest good that the
greatest number are willing to accept, en-
force and establish.
We are all in favor of Sunday, but We
are not all in favor OF the obsolete SUNDAY
laws of Illinois. because q dead Sunday
Law is Just as bad as q dead Monday law. A
Sunday law, like a Monday law. may be
wise or foolish, may be intelligent or
ignoran.. and il must stand or fail accord
Ing TO that test of public opinion which
Inskes = legend OF statute when it ceases
70 be . living law, The rum sellers Of