Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1900-09-17
THE sunday law
NOT 50 VERY Blue
Opinion Of The Attorney
General Removed Its
Indigo Hue.
ADVISED mlGn SHERIFF
UPON the QUESTION
Labor and Traffic for Comfort Of the
Community Permitted as Well
as Acts Of Necessity
and Mercy

priyes II of the indigo blue hue pu,
upon II by the latter official ana his
head police officers Yesterday being
the first Sunday since the rendering %
the Attorney Generals opinion, readers
of the Bulletin are here put In pos
session OF the document:
Mr.. A. NJ. Brown, High Sheriff Of tue
Territory OF Hawaii, Honolulu,
II. T.
Dear Sir:--I desire to suggest tina;
Section 1922 of the Penal Laws was en-.
acted in 1872 and appears to be incon-
sistent with Section 3l7 Of the Penal
Laws, which was enacted in 1856. II
seems to me. therefore. that victualling
houses, restaurants and coffee shops
should be allowed to keep open on Sun
days after Z o'clock In the evening,
as well as before for the service Of
meals.
The circumstance that on SUNDAY,
September 9th. the United States trans
port Logan arrived in Honolulu with
about seventeen hundred men, and a
rigid Interpretation and enforcemc II
OF the Sunday law, brings up Sharply
the question OF what is fair construc-
ton of the law.
The Section (SlI Penal Laws) is a3
follows;
can labor nm Sunday is forbidden
excepting works Of necessity or mercy,
In which are included all labor that s
needful for the good order, health,
comfort and safety OF the community,
or for the protection OF property frorl
unseen danger, or danger OF destruc-
ton, or which may be required for the
prosecution of or attendance upon re-
ligious worship, or for the furnishing
OF opportunities OF reading or study.
Provided, however. that on Sunday
fresh meat and fresh fish may be sold
and delivered; that until 3 O'Clock III
the morning and until after o'clock
In the afternoon milk may be deliver
ed and cattle sheep and swine may be
slaughtered; that during the entire day
meals may be sold to be eaten on the
premises where sold or served else
where by caterers; drugs, medicines
and surgical appliances may be sold
personal baggage may be conveyed to
and from vessels leaving and arriving
at port on that day that steamers and
public carriages, horse cars and licens-
ed shore boats may convey passengers
for hire and that all labor which may
be lawfully performed on Sunday shall
be conducted, as far as possible, so as
not to interfere with the right of the
community and of each individual "a
quiet and repose."
In the United States Sunday laws OK
cept from their operations works OF ne
cessity and mercy, and wherever they
have failed to do so have been de-
clared unconstitutional. Although the
decisions are very conflicting as to
what are works of necessity, the gen
eral trend Of authority is toward lib
eral construction. Running tram cars
and railway trains, sending dispatches
by telegraph, repairing railways to pro-
vent short delays, shoeing stage horses
to prevent delays to the United States
mail, and running an ice factory thl!
customers might have their daily sup
ply OF ice, are examples OF what have
been held to be works of necessity.
Our statute is peculiar in that it ex-
cepts not only work Of necessity and
mercy, but also ''all labor that Is need
full for the comfort
OF the community"
In a tropical seaport town, where
large numbers Of people are transient
seamen and sailors, going on shore
temporarily from long voyages, / thinl
that an opportunity to purchase harm
less refreshments such as ice-cold sod
and mineral waters, is "needful fol
their comfort" Under new and chang
ing conditions, think such an oppo.
tunity is needful to large part of oul
own people, and even those who hav,
airy homes and ice chests cannot care!