The weekly Thibodaux sentinel and journal of the 8th Senatorial District. [volume] (Thibodaux, Lna. [i.e. La.]) 1875-1898, 1895-05-04
SATURDAY MAY !, 1875.
rs THE SUNDAY Ia " ENCON-
STITTTIONAL?
(COmm uHicafe0

dav Law tends to compel certain es-
Adjustments to close on Sunday. are
'repugnant 10 the Constitution. 1t
NAV be we'll to state that this very
question has bee presented tor ad.Ju-
dication to the Supreme Court on va
rious occasions. and that the Cnnrt has
Invariably sustained the constitution
ality of the statute.
The ease of State vs.. Batt, 81 40.
663 was that of IA prosecution for sell
ing liouor on Sunday, This was the
first appeal from Il conviction under
the Act Of 1873. which authorized P"-
lice jnries to make such regulations rs
they might deem proper IN regard to
the sale. barter or exchange of liquors
or merchandise on Sunday, aud to to-
tally prohibit same on Sunday, IT IN
their judgment. same was necessary.
Various grounds were alleged by de-
PENDANT in his plea IA quasi the lntar-
nation. The court passed on the
various objections in their order.
The Court says. that the objection
that regulations snrli as this. are IN
conflict with the Constitution Of the
ttfliItl ESiditS v nttI tt'bl''t, JRft''
from passing laws violating the obli-
cations of contracts, has been often
considered, and it has been invariably
held, that this clause does not so tar
remove from state control the rights
and properties which depend for their
existence or enforcement upon con
tracts, as to relieve them from the OPP
Grafton of such general regulations
for the good government of the State,
and the protection OF the rights of in
dividuals as may be deemed impor-
tant. Cooley says. in reference to
regulations OF this kind, as reported
by the Court:
"They are regarded as police regu-
l~atlons, established by the Legislature.
for the prevention of iutemrerance,
pauperism and crime, aud for the
abatement of nnisances. There IS no
instance, in which the power of the
legislature to make such regulations as
may destroy the value OF property.
without compensation to the owner
appears in a more striking light than
IN the case of statutes, whereby the
sale of Intoxicating liquors is entirely
prohibited, and the demolition and
destruction even of the building used
for that purpose is commanded and
it is only where. in framing such legis-
~lation, care has not been taken to OBJ
serve those prir ciples of protection
winch surround the persons and
dwellings, Of individuals, securing
them against unreasonable searches
and seizures, and giving them a right
to trial before condemnation, that the
courts have felt at liberty to declare
that it exceeded the proper province
of police regulations"
In considering the objection that the
law was passed, o as a police regu-
l%ation, but to enforce the observance
of the Christian Sabbath, the Supreme
Court declares:
eff therefore the regulation had for
its object the enforcement et the OBJ
servance of the Christian Sabbath. as
charged in the third ground of the de-
PENDANTS motion, it would be open to
assault but it is manifestly a police
regulation. Like the prohibition OF
the sale of Intoxicating liquors on
election day. it is a regulation unde,
the police power of the State for the
preservation of public order. Black
stones definition of the police powe,
OF the State is, ''the due regulation and
domestic order of the kingdom, where.
by the inhabitants of IL State. like
members of well governed family
are bound to conform their genera
behavior to the rules of propriety, gooi
neighborhood and good manners, an(
to be decent, industrious, and molten
slve in their respective stations" 4
Com. 1852 and this definition has no
been improved by modern writer's. Al
eminent judge has described it as IT,
power vested in the legislature to max,
ordaiD, and establish all manner o
wholesome and reasonable laws, ant
ordinances. either with penalties. o
without, not repugnant to the Consti
tuition, as they shall judge to be TO
the good and welfare of the common
wealth and of the subjects of tn,
same" Shaw, c. j. In Com. VS. Alger,
Cush. 81. Aud he adds, it is mucl
easier to pelcieve and realize the ex
istence and ource of this power thai
to mark its boundaries, or TO prescrib
limits to its exercise.
The Court, after overriding the va
rious other grounds of objection
against the Act of 1878. which wa
then known as the Sunday La y, AT
firmed the judgment of the lowe
court which resulted in a conyictiol
and sentence of the accused.
There are various other decisions b,
our hieheSt courJ which we shall dis
cuss in subsequent issues Of tie SENT
MEL. in order that its readers ma,
know exactly what disposition rl,r
CunYaFssa Cnitrt f,-S made IF fIe rst,a