The progressive farmer. [volume] (Winston, N.C.) 1886-1904, 1894-07-24
written for THE PROGRESSIVE FARMER. !
POPULAR TALKS ON LAW.
Contracts Made on Sunday.
BY VIM. O. sPRAGUE.

| up Gne decisions upon any question of
law and to state the conclusion in a
few words, the result is more or less
misleading. To certain extent it is
true that contracts made on Sunday
are void, and yet there are many ex-
ceptions to the rule, fully as important
as the rule itself
At common law, all contracts made
on Sunday were valid. 1t follows,
therefore, that inasmuch as we have
in our American States adopted the
common law so far as suited to our
conditions, this fundamental rule of
that system of laws is the rule in this
country except where modified by
positive enactments of the legislature.
The common law holds in our Ameri-
can States, with the exception of Louisi-
ana, so far as positive statutes have
not contravened it.
On this question of Sunday contracts
then, it may be more truthfully said
that all contracts made on Sunday are
valid unless prohibited by statute
Nearly every State in the Union has
some statute upon the subject of Sun
day observance, and before one can
say whether any certain act is void if
done on Sunday one must know what
is the statute of the State regarding
| Sunday observance. What may law
fully be done in one State on Sunday
may not be lawfully done in another
on that day. The decisions in the
various States hinge upon the wording
of these statutes, and as the wording
differs the decisions themselves seem
to differ. In themselves, therefore,
they present a mass Of conflicting opin-
ion on the subject.
The wording of some statutes seems
to intend that only manual labor is for
hidden on the Sabbath day. Where
such is the statute, courts will gener-
ally uphold contracts of a commercial
character as not being within the
meaning of the term labor" Other
statutes may avoid all commercial
transactions, which term is held to in,
clude the making of deeds, contracts,
notes, agreements of sale, etc.
Almost all the States have statute
broad enough in terms to include as
unlawful the transacting of business,
including not only the keeping open of
stores and the selling of merchandise,
but also the doing Of any one CONNER
cial act, as that of making a note. So
general are these provisions in Ameri
can statutes that it has come to be
loosely stated as the law in this coun-
try that contracts made on Sunday
are void, although there are States in
which such is declared not to be the
law, because as stated, the wording of
the statute in these exceptional cases
does not cover commercial transactions
of this character.
AS stated, at common law all con
tracts made on Sunday are valid. The
history of the growth of the present
law on the subject is interesting and
instructive. The ancient Christians
used all days alike for the hearing of
causes, the reason being that they
might not initiate the heather, who
we're superstitious about the observ-
ance of days. One reason for doing
this was that by keeping their own
courts always open they might prevent
Christian suitors from resorting to
heather courts. The practice ceased
about the year 500 by a canon of the
church issued at that time, and it be-
came unlawful to hear causes on the
Lords day. This canon, with others
of a similar character, was confirmed
by William the Conquerer and Henry
II, and so became part of the com
mon law of Eugland. These canons
extended, however, no further than to
prohibit judicial business on Sundays,
and did not interfere with fairs, mar
kets, sports and pastimes. With the
spread, however, of the Reformation,
and the consequent improvement IN
civilization, the views of the people
changed on the subject of the rational
observance of the Sabbath and in all
Protest communities laws were enacted
to secure it. Pastimes of various kinds
uara nrohibited in the reigns of Charles
7 and Charles II. One or two laws
were passed in England before the
country became Protestant, but the
principal English statute on the suo
iect is that passed in the twenty nlnth
wear of the reign of Charles IL. Inls
statute enacts that no person shall DO
any worldly labor, business or work
ssof their ordinary callings" upon the