Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-07-27
AyORKS0F NECESSITY
he Courts Have Declined 10 Specify
Just What These Are.
tuE CITY ATTORNEYS OPINION.
\, Draws Attention To Rulings i'm
{pficr states and TO Exemption
EAfter Conferring with the Mayor
S-faior Howard Issues an Address.

Is -sajor Howard Issues an Address
"a Mayor Taylor. Chief-of-Police Howard
l City-Attorucy Meredith held con-
renee Of some length Yesterday with
y ference 10 the enforcement OF the sun
q y laws
q The subject was talked over fully. Mr.
1credlth's opinion. prepared at the May
ors request. was read. and chief How
ard issued an address 10 the public bear
IN on this question which is now re-
G. wing so much attention.
The opinion Of Mr.. Meredith is in these
vorls:
i ODD. r. NJ Taylor, Mayor. &c:
!. In my interview with you and the Chief
b Police you requested that | would give
~ au opinion constituting the statutes
d describing punishments for the violations
4 ihe sabbath. other than by the sale
4 liquor. You stated that you ala not de-
Pc me g. express any opinion as -
s.t docs or what does not constitute
violation. but confne my opinion TO a
i .rrll construction of those statutes. In
.ncc TO your request / submit the
lowing:
.tion S799 OF the Virginia Code pfo-
.s that III q person, on sabbath
Sc bc found laborug az any trade or
fr- or employ his apprentices or ser
Ut- in labor or other business. except
I.Isah0ld or other work Of necessity
charity. he shall forfeit g for such
I once. Every DAY any servant or APP
1 uficc is So employed shall constitute
tnct offence
Yat Inv has been upon the statute
re Of this state since 1856. with no
f.ri4l change except the change OF the
1 from u shillings 20 $40, and after
r!s 10 s.. During all that time IL has
.er been construed by the supreme
art 81 this State. But similar laws
Isl, been i'm force I'm many. IL not all,
t1n states Of the Union. The Supreme
ats of many of those states have been
l.d upon ~ cOnstrue their respective
,afI.t.s While in the enforcement Of
.l.r laws On particular cases the courts
q eurur states have been strictcr than
ls. " other Statcs-a difference caused
r The habits. customs. ana religious
.rus Of the people OF those Staics-yet
me general construction Of the statutes
.e courts have shown very great una
,ttpIfv The courts have recognized no
r.lt difficulty in constituting any portion
tho statutes except the words, work
/. necessity or charity
COURTS DECLINE 10 SPECIFY.
Tho courts have invariably declined TO
attempt O, specify or CLASSIFY "nat are
works ~ necessity ana what are not
frr.ss few that have been called on 70
decide what are and what are not works
.f charity" have pursued the same
.lur-- They state that the WORD ne,
.ass.fv' is incapable of an accurate anu
.,,,.rr,heurive definition. that any at
..nlp' hv the courts 70 name deinluoh
.r general application would be more Ilke-
f. q, produce confusion than certainty
Iaf me question in each case must ne
Ieoldoi according 10 the citcuinSlSsnSCe 80,
md b.. therefore. more question OF ltCl
IMAM Df law The same courts aso nt-
Lane that the word does not mean an
l-1mte or physical necessity buL a
moral fitness or proprieiy OF Iut WI 20 20
..I0r done under the circumstances 81
.ry particular case: and TINT II is no part
n me design of the law 90 destroy or I'm,
..ra onerous restrictions ulDn any law Iui
r4dc or business. They also Holu ina
mon a case arises. 10 must bc lelt 10 tne
,,r, as "a question rf fact. 10 determine
,,'i ir rr.par instructions from the court
..L.t r.4tilcullr labor. under the ciIcuIn-
,,rcoe would constitute Work OF ne
+,,,s, 4dopt the course. which has
,.,.rsil.I SO universally bY the 81
same courts Of the different Sta,ts' an
.t.ta That 80 is impracucanir /" ~
40, orrurate and ComUre hcuSiNf utliiH-
M Cf ne words work Of necessity OF
.i.'.,.ity" do not think that IT was
rt.nds1 that any definition Oh ms
cords should be given. tiad II peer
Intended she Legislator" No"ir ,,ndcd
rrneratcd what works were lhttIueu
%, H. executed BEING unable 10 success
.rliv maxi such a classification II US"
he general terms found IN ne s'a I.r,'
Giving upon the justice anu W. g.
,,In sense Of the judges ana JuIlts 70
lt,ist.r the law according 10 'hc
Ids habits. ana views Of the people Oh
his state. For such laws are ho iIc.l1i r
NJ enforcement Of religious dutles. nv, n'li
ability mas heeh iLla' ,<i
'tr no such purpose, hut rest upon 'ns
.,.,,r,1 az public policy-the recognition Oh
Inc need Of rest from labor.
HOW To BIZ GUIDED.
11ence | am Of opinion that in attempt
Y,v TO enforce this law you shoulI nav
1o other guide except what yo4 pen,NI
IN be demanded 10y the need, hnplts' anu
- ~ Of the ucople OF this state.
In addition TO the exceptions set ioith
A., section g1g itself, as above houceu,
here are two other exceptions, Ohg -
.'+ntaincd i'm section $500, providing tntl
800 2-a9 shall not apply To any
,ers0n who conscientiously believes u'ht
Ia. seventh day Of the week ouEhl 10 p'
Observed as sabbath. aud actudnS -
fains from all secular business ait , c,r,.
~ 4n apurentice or servant NOT OF hlS
,Ii.f 10 DO secular work or business
3 "a Sunday. and does not on tna' u"S
-urh any other person. IT,. 900,
The other is contained IN sec'loh ooo ,,,
q Which authorizes the running OF carr ""
q, trdHv for the relief OF wrecked or u'sr
A. trains. for the transportation oi
n United States mail. OF passengers anu
n .r barraee Of live stock, ana OF per
4 Y1l win perceive that | have. as you
4 -.r.9 refrained from expressing an!
tpnion as 20 whether any spgclhc az
n uull be a work of Necessity OF ~. ~.
.rf II before any attempt pe induG ~
nforce this law. either you or the Cille M,
III Police IN desire TO prevent the Jaw
from being used as a vehicle OF o.
SION. shall desire e. know whether IN my
.piulon any particular work or labor - "i
Is not "A work of necessity" | am VIKING
10 give such assistance as can
g. V. MEREDITH,
City Attorney.
July %, 1895.
ADDRESS TO THE PEOPLE.
After the conference. the city Attor-
news opinion was given 10 the press. To-
sether with the following address from
the Chief;
no the Citizens of Richmond:
In attempting 70 enforce the statutes as
ia the Violations Of the sabbath / do not
I.sir. TO make the law unnecessarily or
Inc Police Court for selling "A book from
nis store or Sunday. lie has taken an
"~paal 10 the Hastings Court. But his
XXX. cannot be tried until the 5 ptembcr
-~r, ~ The court. DO not think u
,.gld be proper 10 continue TO arrest
linens each Sunday for snch an onth'e
Or selling newspapers until I can
.ve n decision from the Hustnes Court
Wacther such sales are covered ~ N
q, .r,ts works OF necessity IN the
atute | shall therefore nav no V'I s',r
A.. f,zrn summoned 20 the Police Court loI
..b an offence until the case now III me
Hu.tines court shall be determined, baI
3 ,grrn all such citizens that note or
% morandum viii be- taken every Suh-
day of al persons ketblhB 49,, i,ooi,s