The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-11-11
NO tREIGHTS ON SUNDAY
SUPREME COURT SAYS THEY
MUST NOT BE Run.
The State Has Right to Thus Protect
the Morals and Security OF
Its People.

The Supreme court yesterday decided
that the State, in the exercise of the
| police power to provide for maintaining
domestic order and protecting the morals
and security of the people, has right
ia prohibit the running of freight trains
on Sunday.
The case came mp on appeal from Gull
ford county, the Southern Railway be-
ing the defendant. The statute which
was the basis of the action is section
1873 of The Code, which declares the
running of a freight train after 3 O'Clock
on Sunday morning to be misdemeanor.
The opinion was written by Judge Avery,
and is, in part, as follows
'"The statute (The Code section 1879,
under which the indictment is drawn, is
not unconstitutional. Although it affects
interstate commerce to some extent,
there is nothing in its provisions which
suggests purpose on the part OF the
legislature to interfere with traffic or in
dicative Of any other intent than to pre-
scribe. in the honest exercise of the
police powers, a rule Of civil conduct for
persons within her territorial jurisdic-
ton. Such law is valid and must be
obeyed unless and until Congress shall
have passed some statute which super
cedes that act by prescribing regulations
for the running of trains on the Sabbath
ON all railway lines engaged in inter
State commerce. Huntington VS.. Geor-
gia, 1853, u. i. 800
"While the State may not interfere with
TRANSPORTATION into or through it's terri
tory beyond what is absolutely neces-
sary for it's self protection it is authoriz-
ed in the exercise of the police power
to provide for maintaining domestic or
der. and for protecting the health, NOR
ais and security of the people. Railway
VS.. Van Husen, 50 u. s. 40, Alb.
Congress is unquestionably empower
ed, whenever it may see fit to do so, to
supersede by express enactment, on this
subject, all conflicting State legislation.
But until its powers are asserted and eX-
ercised, the statute under which the I'M
dictment is drawn may be enforced ana
will constitute one of the many illustra-
tons of the principle that the States have
the power, at least in the absence Of any
action by Congress, to pass laws neces-
sary to preserve the health and morals
of their people, though their enactment
may involve some slight delay or dis
turbance OF the transportation of goods
or persons through their borders. Nor
gan VS.. L., 11S y. S. 455, 463; Hunning-
ton VS.. Georgia, supra at p. 314; Smith
VS.. Ala, 124 u. s. 465, 474, 479, 4S3;
Bagg VS.. Railroad, 100 n. G. PSI, 2SS,
$50.
1.-THE statute Code section 1873, de-
clares the running of any such train, as
that in question is admitted to have been,
after nine o'clock on Sunday morning
| to be a misdemeanor. 1t is not denied
that the train arrived at Greensboro at
1925 a. M on Sunday. The State, there
| fore, established prima facie the
guilt of the defendant. If the
| defence relied upon was that it was neces-
| sary to run after the hour fixed as the
| limit by statute, in order to preserve the
| health or save the lives of the crew EN-
ployed on the train, or relieve them from
severe suffering, ii was incumbent on the
defendant to show TO the satisfaction of
the jury that the act was done under the
stress of such necessity, in order to
excuse it as not in violation of the spirit
though in conflict with the letter of the
law. State vs.Brown, 100 n. G. 807;
State vs. McBrayer 9S N. G. 619
"The evidence Is not sufficient in any
aspect OF it to excuse the running Of the
train after nine o'clock. The proof of
ferea falls very far short of excusing the
act denounced as a violation of law, by
showing that it could not have been
oSeyed by the exercise Of due precau-
ton. without imminent risk of endang-
ering the lives or health of the crew on
board the train. For the reasons given
the judgment of the court below is af-
firmed."