The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1896-05-20
WRESTLING ON THE SABBATH.

Pzhsse se-razen; has ncs ezsse serss-d
.orn yet a. 10 tbs Measure Of respect 20
- observed fog Sunday Between TIA.
pssrr NJ .nscn ., 10 ~sch>4 20 whistle q
tire Sabbath and the wste-open freedom
o. . mining Camp. there 10 . great ranss
Tor diversity cs cp4nson- BY common con-
sert tire sacred character u the seventh
DAP a. established By tire Decaioxus has
beez Transferred TO tbs srss Gay q Tie
xesx IN Chrzxstaa countries. ans although
religious ch~e-vances are seldom exac-sd
O. the peorie. statutes have made II III
lawful &c DO very many rhJnxs on sznezy
which are Izzfzl % every oshsr cay Of
the week
Justice Harlan settled . Qussrson ~ 70
vhseh there vas much eortroversy n
state courts when he declared In favor
Of tie sonstitufsonsHty Of the state ar
prohiossias the running of frslghs cars
n Georgia on Sunday. Whether The iaw
was IN conflict with the FEDERAL law gov
erniax interstate commerce was . 1ues-
ton for eonssderatssa. bat the greater
Importance 10 IN the ruling that the leg
islx,urs had q night TO designate . day Of
the week when al labor should Be sus-
pensed- The state iav. vas be said most
ly q rule Of ctvfl conduct and IL must Be
respected until supei sedeA By some ma
tional Law With which II vas In eondict
The sentiment b very deeply rooted
When IL can control courts and iegisiA-
lures and II . measure cortrsvene the pri-
mary law that every man has . night 70
10 as he pleases % long a. he does NOT
infringe upon the rights Of others. We
VIII look IN vain in the constitution Of the
United States for . recognition OF the
Sabbath. the only snusion to an excep-
tional day being that relating TO the pres
dents veto a. to which the time for re-
turning bills IL TO b computed Sundays
excepted The constitution OF the state
OF Washington has even less to say on
the subject. ana Jet the state legislature
has undertaken to arbitrarily prohibit the
opening Of stores on Sunday. with two or
three EXCEPTIONS
The principles which are generally held
to apply 10 Sunday laws. without the spe-
cfnc sanction Of constitutional authority.
have bsen well defined By Judge Thur
man The question Of the constitutional
ity Of statutes providing for the obssrv-
ancs Of Sunday has been considered In
many cases. In most OF which these stat
utes have been attacked a. attempts to
infringe upon the right OF religious lib
erty. In one Of the leading cases Judge
Thurman declared such q statute to be
merely q municipal or police regulation
whose validity was neither strengthened
or weakened by the fact that the day Of
rest II enJoined was the Sabbath day.
Wisdom. be said. required that men
should refrain from labor at least one
day In seven. and the advantages OF hav-
ing the day Of rest fixed. and SO fxed as
to happen at regularly recurring inter-
walls. were too obvious to be overlooked
OF course. Wisdom also requires that men
should sleep at least seven hours out of
the twenty-four. but no legislature has
attempted to enforce the obvious advan-
tsges Of regular hours of rest, although
II surely would be equally within the con-
stitutionai competency OF legislative
body as Ito require the cessation OF labor
and 10 name the day Of rest" This is fur
thor borne out by the opinion Of Judge
Thurman. which is manifestly based upon
sentiment. that although the feelings Of
a majority OF the people had been con-
suited in the very proper selection Of the
Christian Sabbath as q day Of rest. re-
garding Il merely as an exertion Of iegis-
lative authority the act would have had
neither more nor less validity had any
other day been adopted"
The very marked difference. however,
as day of rest. and OF other holidays as
days OF rest. Is that the refusal OF men
to take advantage OF the first Is punished
by a fine. but no such penalty Is inflicted
for working or opening stores on other
days which have been set aside as days
Of rest"
This much a. TO the general principles.
As to the particular breach OF the Sab
bath law some courts have held. as Ia
Virginia, that a law prohibiting the run
ming OF trains on Sunday was void. in SO
far as II applied to trains running between
points in different states. In West vir-
ginia Directly the contrary was held. and
a state law declared constitutional which
forbade the running Of railroad trains
even though engaged IN transportation
tat ha
state courts have long upheld the princi-
pie which has Just been affirmed by the
United States supreme court. The pro
hibitory statute applies only TO freIgh,
trains and makes an exception In favor
Of trains which have started on Saturday
night. permitting them to continue until
they reach their destination II they do %
before 8 O'Clock on Sunday morning.
The practice has been very generally
adopted Of not starting frelgh, trains on
Sunday; bu, the difficulty OF controlling
traffic whose ramineations might be very
extensive. has generally operated TO pre-
vent Interference with trains already IN
der way and especially trains which had
20 traverse several states. The vision,
OF day of rest need not be questioned,
but Il is rather doubtful 81 most train
men would prefer 20 take that rest in The
middle OF tourney away Of at some
prairie siding instead OF with their fam.
Lies at the close OF their trips II the
comfort Of the train men Is the first con
siderst'on. and rot the sanctity OF the
Sabbath. it IS doubtful II the Georgia Las
| fully covers the ground