The record-union., 1895-06-24
OPENING OF COURTS ON SUNDAYS.
What the Constitution and Statutes
Have to Say.
Have the Supreme and Superior Courts
No Legal HoIidays?-Some
Fine Points

The general understanding is that Sun
day is a legal holiday for all courts, ex-
cept in the matter of the issuance of
injunctions, the instruction of jury
when deliberating on a verdict, ana Tor
one or two other purposes.
But Judges Hinkson and johnson have
cited statute that would seem to dlssl-
pate that idea. It is an amendment to
Section I34 of the Code Of Civil Procedure,
and was approved March 23 1898. 1t pro-
vides that certain days shall be legal holI-
DAYS, and that on them there shall be
transacted no legal business by the courts,
except IN certain cases. The exceptions
are set forth with particularly, and then
follows a provision that IS an exception
running to the whole section and quail
tying ii, namely:
Provided that the Supreme Court and
The Superior Courts shall always be open
for the transaction of business.
This amounts. it would seem, at first
blush. TO the elimination Of holidays for
these courts.
Now follows the question-if these
courts are always TO be open Tor the trans
action OF business, must not the clerk OF a
filings and papers for the court on sun
day, and on ali days of the year, holidays
and all? For the Superior Court does not
consist of the Judges alone, but the Clerk
and Sheriff constitute necessary adJuncts
of the court.
If, however, the words "sha1 always
be open for the transaction OF business"
refer only 10 the Judge of the court, then
the Clerk would not be liable on his bond
for closing his Office on the first day OF
the week and on holidays. 1t would
seem therefore to the laym that there Is
enough ID the matter 10 occasion the
County Clerk some little anxiety about
closing his office OH Sunday.
Possibly, however, the intent of the
law may be held TO be that for one who
wishes to file papers for court business
on sunday court Is open for that purpose
and he has the right to tender them, and
that in such cases the clerk must open
his office for that special purpose on ap-
pllcation. OF course when the WOu
open" IS used it does not mean that the
court must be IN session"
But another question IS raised, namely
that The Constitution OF the State. Article
VI, Section >, reads: 1.-The Superior Court
shall DO always open (legal holidays AMI
non judicial days eXcepted)." AS the
statute declares the legal holidays and
non-judiclal days, is that declaration 10 be
taken alone Wn6u G6hQ Will Lu0 COuStltu-
Iion, or is it TO be take with its provisO
declaring that there shall be no nom
Judicial days for the Superior Court?
Ordinarily the section Of the statute
must be construed as whole, and all its
parts given due effect, and under that 1t
would seem that the intention was to
have no days on which the Superior
Court should not be open for all business
ii IS competent TO perform.
But the makers of the Constitution
placed another section in the same article,
Section ,, that would seem to have been
purposely intended to mark a distinction
between the Supreme Court and the
Superior Court in this matter. Section
reads: The supreme Court shall be
always open for the transaction OF busi-
ness" Here there is no such exception
us is inserted. when in the same article,
The Superior Court IS referred to. Must
not therefore the constitutional provision
govern, irrespective of the ''provisO" of
the statute? If SO the Superior Court Is
subject to non-judicial days as are inferior
courts. but the Supreme Court has no
nou-judicial days. because there is no
constitutional exception IN its case.