Evening star., 1896-12-28
PROTECTION OF SUNDAY.
Corporation Meetings May Not Be
Held on That Day

corporation Meetings Mny Not BE
Held ON That Day.
An interesting decision regarding the
sanctity Of the Sabbath has Just been rem
dered by Judge Pryor of the New York
supreme court, denying the application Of
the "Agudath Hakehiloth of New York, I"
for certificate of Incorporation.
The clause In the petition to which Judge
Pryor excerpts is this one
The time of holding its annual meeting
Is to be on each and every second Sunday
of January of each and every year."
In refusing the certificate Judge Pryor
says:
In the certificate submitted to me l OBJ
serve that the annual meeting of the pro-
posed corporation is appointed to be held
on each and every second Sunday of Janu-
ary of each and every year. 1t is not a
rehg1ous corporation and its annual meet
ings are for the performance Of precisely
such secular business as Is transacted by
other civil corporations.
Protection by Common Law.
THE question is rot whether such meet
ings on Sunday are Illegal, but whether
they should be approved by a justice of the
supreme court. A thing may be lawful and
yet not Iaudable -~
In the state of New York the Sabbath
exists as day of rest by the common law
and without the necessity of legislative ac-
tion to establish 1t, and may be protected
from desecration by such laws as the leg
islature, in its wisdom, may deem neces-
sary to secure to the community the privi-
lege of undisturbed worship and to the day
itself that outward respect and observance
which may be deemed essential to the peace
and good order of society, and to preserve
religion and Its ordinances from open re-
Wiling and contempt Uindenmuller' vs.
The People, 33 Barb. 54S). The Christian
Sabbath Is one of the civil institutions Of
the state. and the legislature, for the pur-
pose of promoting the moral and physical
well-being OF the people and the peace,
quiet and good order Of society, has au-
thority to regulate its observance and pre-
vent its desecration.' people Vs. Moses
140 NY. 215). This sanctity OF the Chris
tian Sabbath Is sanctioned and secured by
repeated acts of legislation extending from
the colonial period to the present year. and
as Well by the impressive deliverances of
supreme court, ] may not approve that
which the tmmemorial and uniform policy
CT the state condemns.
Aggression Upon Christian Sabbath.
Although not explicitly stated, 1t is
nevertheless an inference, from the face Of
the certificate before me, that the members
Of the proposed corporation are of a race
and religion by which not the first but the
seventh Jay of the week Is set apart for re-
ligious observance. The fact might be Of
decisive Importance were a desecration of
their holy day contemplated; but the act
intended Is an aggression upon the Chris
tian Sabbath. The law. which scrupulously
protects them In the observance of their
ceremonial, gives them no license, and
am sure they have no desire to affront the
religious susGeptibilities of others. True, to
a prosecution for work or labor on the first
day of the week. the defendant may plead
that "he uniformly keeps another day 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 inter-
rupt or disturb other persons in observing
the first day Of the week as holy time.
penal Code, Section 261; but otherwise
the legislation of the state against profana-
tion of the Christian Sabbath is operative
and imperative upon all classes of the COM
munity.
Because the holding Of corporate meet
ings on Sunday Is contrary to the public
policy of the state, II not to the letter of its
law. decline to approve this certificate"