New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-11-03
THE SUNDAY LAW as 1T is.
LIBERAL PROVISIONS OF THE GREAT
TAMMANY BUGABOO.
MANY TIMES CONSTRUED AND UPHELD BY THE
CorRrs-TnE INTERPRETATION OF
I.GINING AWAY

GIVING AWAY
The charge has been made by Democratic ora
tors In the present political campaign that the
Sunday laws" TO the maintenance OF which the
Republican party is pledged. are "biue laws such
as no one but a b!goted person would desire to re-
tain upon the statute books. Ex-senator Warner
Miller has in recent Speeches strongly attacked
this position and defended the Sunday laws as they
have been construed by the New-i"rk courts as oe-
ing reasonable and in accordance with the primer
pies OF legislation adopted in the various states OF
the Union In some of the States the laws are
much more strict than in New-York State. ana the
punishment for violations OF them is more severe
The New-York statutes against Ssbbath-oreakihg
are included in several sections of the Penal Coue
The general principle on which these laws are en-
acted IS set forth In Section 25s. which reads: Ihe
first day Of the week being by general consent se'
apart for rest and religious the law prohip''s
the doing on that day OF certain acts hereinafter
specified which are serious Interruptions OF the re-
pose and religious liberty OF the community see
ton $50 declares violation of the foregoing prom
bition to be Saba III breaking. Section zo5 is ~"
labor on Sunday IS prohibited. excepting the WORKS
of necessity and charity. In works or necessity
or charity is included whatever is needful for the
good order, health or comfort of the community
This section is modified by Section z64, 10y "hic"
II Is provided that ut is suiflcient neiehce "
prosecution for work labor on the first DAY OF lne
week that the defendant uniformly Keeps announcer
dav of the week as holy time. and does not labor
on that day. and that the labor complained OF was
done In such manner as not to interrupt OF us
turb other persons in observing the hrst day Oh 'e
week as holy time" Section 2f5 prohibits shoot
Ing horse-racng, gaming and public sports, ana al
noises disturbing the peace of the day. Secuoh
266 is in the form usual in many States or the
Union forbiddng the carrying on OF trades, manu-
factures and certain empoyments except when they
are works of necessity that may be performed on
that day in their usual and ordinary manner. 50
ond oil
liberty of the community. Section 267 is: Sales
are prohibited All manner of public selling or
offering for sale or any property on Sunday is
prohibited. except that articles of food may be
sold and supplied at any time before 10 o'clock in
the morning and except also that meals may be
sold to be eaten the premises where sold or
served elsewhere by caterers and prepared tobacco
in places other than whore spiruous or malt liquor
or wines offered for sale; and fruit, CONNECTION
ery drugs medicine and surgical appliances may
be sold in a quiet and orderly manner at any time
of the day"
other sections OF the title Of the Code for
bid the disturbing OF religious meetings and pro-
h.bit all professions and parades, except funeral
professions and those to and from places of wor-
ship, in connection with religious services. Pro-
vision is made that military funerals shall not in
terfere with religious services by the noisy playing
of bands near church edihces. BY Section 267. the
performance Of tragedy comedy ballet farce, negro
public shows are forbidden The service or legal
papers on Sunday is also forbidden and other laws
of the State forbid the holding of court and the
presentation OF notes for payment and other acts
OF business on Sunday.
PENALTIES FOR SABBATH BREAKING.
The penalty pre- vided for breaking the laws against
violating Sunday is contained in Section 26s which
reads: sabbath breaking is misdemeanor' pun
ishable by a fine Of not less than s. and not more
hy a
exceeding five days or BOTH but for second Of
fence or after where the party has been previously
convicted it shall be punishable by fine not Tess
than $40 and not than $40 and Imprisonment III
county ja of not less than five days or more than
twenty days" These are the principal enactments
of the New-York State Legislature in reference 10
the observance of Sunday except the provisions
of the excise law prohibiting sales on Sunday
The laws OF New-York State against sabbath
breaking have been many times construed and nave
been upheld as those in other States have been, as
within the power of the Legislature. under the
Constitution Some OF the leading cases under the
New-York laws are Lindenmuller agt. the People,
80 Barbour. 5i2 the People, agt. Hoym, ~ HOW
ards Practice Reports rs. and In the matter OF
Bresln. IS Hun. 2lO. In the Hoym case Judge HON.
mann, In the New-York Superior Court. mace a
careful review of the legislation In the colony and
State of New-York in reference TO the observance
of Sunday Even before New-York became an
English colony there had been provisions In the
Dutch ordinances for religious instruction INC
Duke of York's laws of 1864 the charter OF L'per-
ties Of October. 1GsS and act OF May IL. 1871
contained provisions allowing religious liberty to
those who behaved themselves peaceably and NOT
10 the injury or disturbance Of others In October,
1855, an act was passed prohibiting persons from
laborng, shooting. playing horse-racing ana DONG
other acts in a dsorderly manner. The first statute
of the State in reference to Sunday observance was
passed on February %. 1888. and this has been
Tho
merchandise Sunday has been forbidden FOR over
@ hundred years. and successful attack upon the
consttutonalty OF the measure has been maze
Successive enactments Of the Legislature have some-
what modified the original statutes on the SUBJECT
In other States legislation has been made against
that which is known to the New-York law as Sab
bath-breaklng. Alabama statutes inilict penalty
~ from SO 10 500 for the first offence and much
heavier fine or three months Imprisonment for the
second offence. In Florida the fine for performing
anything but work of necessity on SUNDAY may DC
q. high as $50 In Illinois the disturbing OF the peace
by labor is punished by a fine which may be as high
nc e.; The Connecticut law forbdding all labor
except works Of charity and mercy on Sunday has
q penalty of from 81 to $50. Louisiana mas strict
law against the opening of all shops and stores ex-
cept in certain permitted occupations. nne OF
from s25 10 $3.50 is imposed for violating the law.
MARYLAND Furnishes labor on Sunday by line or 10,
and trade on that day by fine OF from 500 to $50 for
the first offence In Missouri the fine for the viola
ton of the law may be as high as $50. The Oregon
law provides fine Of from IS to $50 for disobeyng
the Sunday observance Jaws. and In Pennsylvania
the person convicted must be sentenced TO the House
OF Correction for six days Texas provides fine OF
from SO 10 $50 Washington fine of from s25 TO 500
and West Virginia a fine of not less than =. In
some of these States the laws drawn that few
occupations are exempt from the provisions against
Sunday labor. The courts of some Of the States
have been less liberal than those Of New-York In
constituting these enaCtments.
ONLY ONE DECISION AGAINST IT
The State OF California is the only State in which
q decision was made against the consitutionality
Of the Sunday laws and that decision was only In
force for few years. 1; made when the no
torious David s. Terry. who afterward shot
while attempting to take the life OF Justice Stephen
] Field, was Chief Justice OF the Supreme Court
thax, ~ he lisiices