The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-07-18
SUNDAY FOR REST ONLY.
THE FIRST DAY OF THE WEEK FROM
A LEGAL POINT OF VIEW.

Judge Ong Helda THAT In Ohio It IL Merely
n Day OF Rest aud That ali Acts Not
Interfering with II as such Arc as Per-
missibic on Sunday as on Any other Day.
II the decision regarding tho Sunday laws
which has just been rendered by Judge 0ng OF
the Common Pleas Court in Cleveland, o.,
should DO established as good law in that State
and others, the effect would be to wipe out OF
existence almost tho entire substance Of the
prohibltive Sunday laws.
The question which came before Judge OnR
was regarding the legality Of a proposed game
OF baseball set Town for n Sunday. Judge Ong
holds that the State has no constitutional right
to prohibit on Sunday anything which may law
fully DO done on tho other days OF the week,
unless these acts would distinctly interfere with
Sunday as u day OF rest.
All Sunday laws. he declares. aro based in
Ohio upon the assumption that the first day OF
the week should DO set apart as a day Of rest,
and not because the day Is associated with r-
ligious worship. 1t follows, therefore. that un-
less an act is Unlawful at any other time 1t may
be lawfully performed on a Sunday unless II 10
OF q kind to disturb the general peace and rest
OF the day. The only way in which ordinary acts
would be subject to regulation on Sundays
would be through the limited police powers Of
municipalities and within the limits of their
Jurisdiction.
Al Z " OunuhJ ID HOt E6COknlLcu i uny
way BY the laws as a holiday. Here It Is for
most purposes simply q dies .non-a day which
Is not. 1t is not among the legal holidays of tho
State. for these are all specified by their names
and dates In the statutes. As to the payment OF
notes and other obligations and the transaction
Of public business the law says: "All holidays
and half holidays are to he considered as Sum
days." and yet it is also provided that contracts
for advertising in Sunday newspapers are valid,
and verdicts may be received In any court on
q Sunday.
New York's Sunday is thus defined in section
259 Of the Penal Code and the reason for certain
acts being prohibited on that day set forth:
ing by general consent set apart for rest and ro-
LgiouS purposes. the law prohibits. the doing on
which are serious Interruptions OF the reposo
and religious liberty of the community
That the term religious purposes" applies
special sanctity attaching to Sunday as a day
apart, seems to be shown by section 264, where
1t is provided that 1t is q sufficient defence to a
prosecution for work or labor done on the first
day OF the week to show that the defendant uni
formly keeps another day of the week as holy
time. and that the labor complained Of was done
other persons in observing the day as holy time.
This States Sunday statutes now prohibits
rying on of public sports or shows. as we'll az
liquor selling and the conduct of most ordinary
trades and occupations. still. the law espe-
ing the day for the good order, health or COM
fort OF the community" may be done. and that
sales OF articles of food may be made up to 10
A. NJ, and of meals, tobacco. milk, ice, soda
water. fruit, flowers, confectionery, newspapers
and drugs may be made all day; There is =
peace of the day" and this might prevent shoot
ing and hunting, even Il Judge ong's decision ie
good. but 1t would seem to let the bars down in
all other directions