The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1894-08-23
The Sunday Laws Defects.

Among the numerous comments
elected by Judge Gunster's recent de-
cisiOn touching the Sunday law OF
1794 we notice one by the Pittston Ga
2ette, which, judging from printed
evidence, seems to voice the opinion
of many persons throughout the state.
ave hear it suggested in various quar-
ters and by many newspapers, con-
cerning the Sunday laws" remarks
the Gazette, "that its enforcement will
bring about its repeal. This we can
not believe, and in evidence Of the gen.
eral feeling that exists against remov-
ing any further the barriers to Sabbath
dissertation, we need but to call atten-
ton to the alacrity with which legis-
lators seeking the support of the people
disclaim any connection with move
ments in that direction. The present
Sunday law will stand, and what is
more, the social dangers attendant
upon its widespread violation cannot
but bring about its rigid enforcement
ere long in the cities and towns of the
commonwealth"
1t will be conceded, we think, that
THE TRIBUNE has consistently favored
Sunday observance up to the limits of
prudence and reason. But while it
yields to none in its wish for a peace
full and orderly first day of the week,
it cannot overlook the fact that under
Judge Gunster's Interpretation, which
comedies with other able judicial
opinions on this subject, there is re-
vealed in the Sunday law of 1904 a
well-nigh fatal weakness. The law as
thus construed, while meant to deter
violations, virtually licenses them. The
vender of any article who feels that he
can command a profit in excess of $4
each Sunday may, under this law,
violate the statute with impunity and
escape unpleasant legal consequences
by the mere payment, from Sunday to
Sunday, of a trivial fine. There is in
the law no provision governing its
systematic contempt. Only one Of
fence per day per capita can be acted
upon in the courts; and if the business
of the laws violation be profitable
enough to warrant this one weekly
prosecution and fine the Sunday law
breaker may, if he choose, infringe
upon the moral sentiment of the COM
munity at will, under cover of the very
law aimed to protect that sentiment.
There is another feature of the law
that under present circumstances opens
the door to its systematic violation.
This is the fact that the Brooks high
license law places the control of the
liquor traffic in any municipality, not
in the hands of the municipality, but
in the hands of the county court. In
New York state, for instance, each
chartered city has its board of excise
by whom the sale of intoxicants in
that city is regulated, subject to the
general laws Of the state legislature.
This is home rule, and the police of a
New York city, under this system, be-
come lawful guardians of the peace in
that city, not only with reference to
general disturbances, but also with
reference to saloon illegalities. But in
Pennsylvania we have the fact pre-
tented to view of city authorities vir-
tually stripped Of power touching the
one chief source of Sunday disturb
ances. They may, it is true, quell a
riot in saloon on Sunday; but they
have no Jurisdiction over the keeper of
shat saloon who, by selling the liquor
thatbreeds that riot, himself, also, vio-
lates law.
Those persons who approve the in
tent of the Sunday law of 1874 should
not be too quick to pronounce perfect
that laws provisions. The law needs
revision and the more emphatically it
is enforced, the more necessary will
such revision appear.