Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1894-01-25
AGAINST THE ADvENTISTS.
1t Is Illegal to Husk Corn on Sunday
In Maryland.


The Supreme Court UphoiCs tho Validity
of tho Sunday Law aad Arirms the
Sentence Imposed Upon seventh Day
Adventist.
ANNAPOLIS, Mp, Jan. ga case of
general interest decided by the supreme
court to-day is that affecting the Seventh
Day Adventists, in which the court up
holds the validity of the law against
Sabbath breaking. The opinion was
written by Judge Boyd. II quashes the
writ Of error to the circuit court for
Kent icounty in the case of John w.
Judeind,
Judetind was arrested under war
rant issued by q justice of the peace for
husking corn on Sunday. He was tried,
convicted and fined SIS and costs in ac-
cordance with article 81. section PAT, OF
the Code of Public General Laws, pro-
hibiting work on Sunday. He appealed
to the circuit court, where he elected to
be tried before the court, and was again
convicted and fined So and costs. The
case was taken to the court of appeals
by petition in the nature of writ of
error, in which it was alleged that the
law under which Judefind was con-
yicted is void because it is in violation
both of the first paragraph of article IA
OF the Constitution of the United States
and of article SO of the bill of rights,
and that the circuit court had no iuris-
diction to try and convict Judefind,
since the justice of the peace had no
Jurisdiction.
Attorney General Poe, on behalf of
the State, moved to quash the writ of
error on the ground that no writ of
error lies to the court Of appeals from
the decision of the circuit court on an
appeal to it from the judgment of jus.
tice of the peace.
The opinion says: "That motion must
prevail, as it is well settled in this State
that when the circuit court has iurisdic-
ton to hear and decide an appeal from
justice of the peace its decision is
final. If Judefind desired to contest the
constitutionality of the law under which
he was arrested, and have that question
properly presented for the consideration
of this court, he could have applied for
the writ of certiorari upon the specific
ground of the unconstitntionality of the
law and the consequent want of power
peace to proceed under it,
Although deciding the case on the
one point, the Sunday law in ques-
ton is discussed in the opinion, which
says the court "has not the slightest
hesitation in announcing that the law
complained of is not in conflict with the
Constitution of the United States or of
Maryland. There may be some circum.
stances under which it would be deemed
harsh and severe to punish man for
husking corn on Sunday, but If he de-
lies the laws of the State or makes him.
self obnoxious to those desiring the
quiet and peace of this day Of rest, he
should expect the machinery of the law
to be put in motion. If the position
taken by the plaintiff in error in refer.
ence to the law in question is correct,
then the law prohibiting the sale of
liquor, NC, on Sunday is unconstitu-
tlonal, as would be most, if not all, of
our laws concerning Sunday. The
tendency of legislation in this country
is to provide for further rest rather than
to take away the day of rest that is vel.
coined by the industrious and hard
working people of our land. II the
Christian religion is, incidentally or
otherwise, benefited or fostered by hav-
ing this day of rest, as it undoubtedly
is, there is all the more reason for the
enforcement of laws that help to pre-
serve it. While courts have generally
sustained Sunday laws as civil regula-
tions, their decisions will have no less
weight if they are shown to be In &C.
cordance with the divine law as we'll as
human"