Evening journal., 1893-05-01
HUSKED CORN SUNDAY.
A Kent County Man in Jail for
Thirty Days
FOR VIOLATING THE SUNDAY LAWS

IS. 1892. aud Was Prosecuted for It-He
is a Seventh Day Adventist.
In the courts Of Kent county, Mary
land. last week, Judge Wickes rendered
decision in the appeal case of John W.
Judefind, a Seventh Day Adventist, who
had been arrested and fined for having
husked corn on Sundays, He had re.
fused to abide by the decision of the
lower courts and had appealed to the
Superior Court.
The charge was that of violating the
Sunday laws and the date was November
10, 1892. During lull in the court
business last week Judge Wickes handed
down his decision
q The opinion, says the Kent News Of
Chestertown. was clear, plain, explicit
and well delivered His honor realized
the Importance of the case and had care.
fully prepared his opinion. The princi-
pal point raised was that the trayerser
was unlawfully summoned, and to this
the court replied in substance, that it
was shown by the magistrates judgment
that he had been returned taken on
Monday IA Be that as il may he had
appeared before the magistrate on Mon.
day and pleaded not guilty, and having
been convicted by the justice of the
peace, appeared in court when he again
entered plea of not guilty. II there
was any irregularity in the issuing or
serving of the writ, the traverser had
waived it, and the case must therefore
be tried upon its merits Referring to
Article 80 Of the Maryland Bill of Rights
which says:
THAT as it Is the duty of every man
/ . Ia Il ltsa
thinks acceptable to Hin, all persons
are equPlly entitled to protection in
their religious liberty wherefore, no
person ought, by any law to be molested
in his person or estate, on account of his
religious persuasion, or profession, or
for his religious practice, unless, under
color Of religion, he shall disturb the
good order, peace or safety of the state, u"
etc, the court held in substance, that
the point at issue, namely, working on
Sunday was not a matter of creed or
practice of any religious denomination.
There could certainly not be rule or
practice making it obligatory to work on
Sunday. The law does not say that they
cannot abstain from work on Saturday
but does say that they shall not
work on Sunday, and applies to every
one 10 matters not what may be his
creed or religion Said the court:
"The objection that the law is void on
the ground that it deprives a man of the
right TO work at all times is without
force However broad the right of any
one to follow such calling and employ
his time as he may Judge most conducive
to his interest it must be exercised sub
iect TO such general rules as are adopted
10y society for the common welfare AL
sorts of restrictions are imposed upon the
actions of men, Notwithstanding the
liberty guaranteed TO each Ii is liberty
well regulated by just and impartia
laws. The hours of laber have been 1
subject of legislation by the different
states. On few subjects have there beer
more regulations. How many hOuri
shall constitute day work in the ab
senoe of a contract; at what time shop
In our cities shall close at night are con
slant subjects of legislation.
Laws setting aside Sunday as day
Of rest are upheld, not from any right o
the state to legislate for the promotion
of religious observances, but from th'
right to protect all persons from thu
physical aud moral debasement which
? comes from uninterested labor. Such
J laws have always been deemed beneficial
laws, especially to the poor and de
: pendent-to the laborers in our factOrie
l and workshops and in the heated room
of our eities-and their validity has bee
sustained by the highest courts of tn
states Such laws define the duty of
, citizen to the state snd the state only
4 For a breech of this duty he is liable I
T the iue or penalty imposed by the statut
and nothing more.
"The fourteenth amendment of Tia
Constitution Of the United States,
not designed to interfere with the powe
' of state, sometimes termed its polio
5 power to prescribe regulations to pre-
mote the health, peace, morals, education
I and good order of its people
. The court also quoted from Mr.. Ring
Colds article on sunday Laws in th
. United States" In the American La
/, Register Of November 1892, as follows
= The constitutionality and the oonstru'
tion OF Sunday laws have been con
sidered by the courts OF this countr
Il in nearly 1000 cases So far as mel
r authority can settle anything Il is Sc
4 tied that such laws are valid under ti
2 Federal Constitution and under the col
: stitution Of every State in which the
,. validity has been contested
!. DIr. Judehnd Speaks.
!, Mr.. Judefud asked the court the priv
u lege Of saying few words which WI
u granted him. Arising to his feet he sal
Judge, / would like to know why It
l. that the Colchester Company, backed /
}. men Of wealth. is allowed TO work sevs
c days in week, while poor man III
;. myself is not allowed to work six day
1 l am sure / was not disturbing my neig
# bors; il bad been doing that it wou
q have been different / was simply worl
z, ing about my farm and kept Saturda
my Sunday, as the Sabbath day. ." To th
his honor replied that II he or anybot
{. else saw a man working on Sunday al
he would present him before the graz
o jury justice would be done to hi
K whether rich or poor
). Mr.. Judefnd refused to pay the fl
Al and went to jail At the end of thirty da
e he can be released petitioning the cou
Al stating his inability When asked by
II News reporter why he chose to 60 TO j.
le he replied that IL was matter of co
aN i III