The Independent. [volume] (Honolulu, H.I.) 1895-1905, 1900-09-12

Sheriff is OF interest:
Territory OF Hawaii. Office Of the
Attorney-Gener
HoSoLUIU, II. l., Sept. 10, 1900.
Mr. A. M. Brown, High Sheriff ol
the Territory OF Hawaii.
Honolulu, H. l.
Dear Sir l desire TO suggest that
Section 322 OF the Penal Laws was
enacted in 1872 and appears to be
inconsistent with Section 317 OF the
Penal Laws which was enacted in
1879. 1t seems to me, therefore, that
victualling houses, restaurants and
coffee shops should be allowed to
keep open on Sundays after z o'clock
in the evening, as well as before, for
the service of meals.
The circumstance that on Sunday.
September 9th, the U. S. transport
Logan arrived in Honolulu with
about 100 men, and right inter-
probation aud enforcement Of the
Sunday law, brings up sharply the
question of what is fair construc-
tion of law.
The section (917 Penal Lawe) is as
follows:
"All labor on Sundays is forbid
den, excepting works of necessity or
mercy, in which are included all la
bor that is needful for the good
order, health, comfort or safety of
the community, or for the protec-
tion of property from unforeseen
disaster, or danger OF destruction, or
which may be required for the pro.
secution Of or attendance upon re-
ligious worship, or for the furnish
ing of opportunities OF reading or
study. Provided, however, that on
Sunday fresh meat and fresh fish
may be sold and delivered, that un-
til 8 o'clock in the morning and af-
ter 3 o'clock in the afternoon milk
may be delivered and cattle,
sheep and swine may be slaugh-
tered; that during the entire day
meals may be sold to be eaten on
the premises where sold or served
elsewhere by caterers, drugs, medi-
cines and surgical appliances may
be sold, personal baggage may be
conveyed to and from vessels leav.
ing and arriving at port on that day,
that steamers and public carriages,
horse cars and licensed shore boats
may convey passengers for hire, and
that all labor which may be lawfully
performed on Sunday shall be con-
Quoted, as far as possible, 80 as not
to interfere with right of the com.
and of each individual to
quiet and repose."
In the United States, Sunday laws
except from their operation works
of necessity aud mercy, and wher-
ever they have failed to do SO have
been declared unconstitutional. AL
though the decisions are very con-
hictirg as to what are works Of me-
cessity, the general trend OF auth
ority is toward a liberal construc.
tion. Running tramcars and rail
way trains, sending dispatches by
telegraph, repairing railways to pre-
vent short delays, shoeiug stage
horses to prevent delays to the
United States mail and running an
ice factory that customers might
have their daily supply Of ice, are
examples of what have been held to
% works of necessity.
Our statute is peculiar in that it
,xcepts not only works of necessity
lud mercy but also sail labor that
S needlul for the----comfort--of
he community"
In tropical seaport town, where
arge numbers OF people are tran
lent, seamen and sailors, going on
hore temporarily from long voy-
ges, think that an opportunity to
purchase harmless refreshment such
IS ice-cold soda and mineral waters,
3 "needful tor their comfort" Un-
ler new and changing conditions, l