The sun., 1902-02-11
JEWMAYSELL
so LONG As HE DOES NOT DIS
TURN TIE PEACE OF THE DAY.
Ma sistrate Olmsted Rules That the Per-
NIT 10 Labor Includes q Permit TO
Trade Behind shutters Also That
Sale OF Meat Is q Work OF Necessity.


Trade behind shutters-Also That
Sale OF Meat Is q Work OF Necessity.
Orthodox Jews who keep butcher shops
and their patrons were all interested yes
terday In the decision Of Magistrate Ohm
sted. who while sitting In the Essex Market
Court on Sunday, discharged a Jew butcher
who had been arrested on complaint OF
Charles Will, member of the Bench
mems Union for selling meat on Sunday.
The law which Wolf Goldberg the defend
ant In the case was accused Of violating
was enacted last year. at the request OF
the Benchmen's Union. 1t was In the
form OF an amendment to section 2e7
having to do with public trafio, which,
as amended, reads as follows:
Section 2o7 Public trafr1c. All manner OF
public selling or Offering for sale OF any prpp-
erty upon sunday IL prohibited, except that
articles OF food may be sold and supplied at
any time before 10 o'clock in the morning,
ana except. also, that meals may be SOLD
at ia any time to be eaten on the premises where
prepared tobacco. milk. ice and soda water.
IN places other than where spirltuous or malt
and fruit. confectionery. newspapers. drugs,
medicines and surgical appliances may be SOLD
Set ana orderly mSnnsI at aay saoo t@e o
however shall not be construed 10 ALLOW or
Permit the public sale or % posing Tor % sale or
fresh or salt. at any hour or time Of the day.
The last sentence was added at the request
Of the union. Its members declared that
some such restriction was necessary IL they
were 10 have a day OF in the week. 1t
affected but little the butchers whose deal
ings we're with Christians. The orthodox
Jews maintained however. that II hurt
moi in Dyin m
but those to whom II was supplied, on ac-
count Of the fact that the Jewish shops were
all closed on Saturdays. the Jewish Sab
bath. In addition TO Sundays. The result has
been that the butchers who have this trade
have most OF them continued TO sell meat
on Sundays, but in shops with the curtains
drawn and the fronts so closed that no
one passing by would think that business
was being carried on.
Goldberg conducted his business in this
way. 1t was brought out at the eKamina-
tion before Magistrate Olmsted that when
the arrest was made the butcher was In his
shop, with the shades drawn 80 that the
interior was not visible from the street.
He had no wares on exhibition outside the
shop and so far as was apparent 70 the
casual observer no business WAS being
transacted within. Will. who arrested
him. testified that he just sneaked in"
and found Goldberg cutting slice on
joint. Will called policeman and had
tho man arrested II was testified that
several persons were in the shop and these,
Will said he took TO lie customers waiting
To be served.
In deciding the case Magistrate Olmsted
took into consideration the wording Of
the whole chapter in which il the section
under which the prosecution was brought.
and the wording OF the sentence itself which
was used specifically TO make the complaint
Section go of the code. which Is in chapter
|. of Title X, declares that The first
day of the week being by general consent
set apart for rest and religious uses. the
law prohibits the doing on that day Of GER
tain acts hereinafter specified. which are
serious Interruptions of the repose and re-
liglous liberty Of the community Section
a84 of the code is as follows:
Section ?e4 Persons observing another day
a. Sabbath. II is q sufficient defence TO
q prosecution for work or labor on the first
day of the week that the defendant uniformly
keep another day of the week us holv time.
and does not labor OIL that day. and that the
labor complained OF was done 10 such man
ner ~ not TO interrupt or di>tgrbiother persons
IN observing the first day OF the week as holy
time.
The Magistrate held that this section
made il appear that Goldberg, an orthodox
jew, who observA al Saturday as holy
day, was entitled 20 plead that fact az
defence In the code several cases are cited
in support OF this.
The Magistrate also took into considers-
ton the question whether the work was
one of necessity. Understanding that the
Mosaic law required that no orthodox
jew should eat meat more than twenty
four hours butchered, IL appeared that a
hardship would be wrought II the butcher
was not allowed to sell TO his patrons, who
otherwise might Ire obliged to abstain
from meat for a considerable peri iod. All
of these considerations, and the fact that
the law prohibits the public sale led him
TO the decision which he rendered.
In Rapalje and Lawrence Law Die
,ionary the first definition Of public II
-open; notorious Webster gives as the
definition of the word: Open TO the knowl-
edge OF view Of ALL general: common; no
torious: a.. public report, putho scandal.
Magistrate Olmsted took into consid-
Grafton also the population Of the sec
ton Of the city in which the alleged
offence was committed. The residents OF
the district in which Goldberg's trade is
are prac, ically all jews. II was not con
tended that the peace and quiet OF the day
were disturbed by his sale OF meat behind
closed doors and drawn curtains. or tha,
any persons going on their business OF
observing "A holy time were Interrupted
in 40 doing by the acts complained Of.
In fact the vast ma jority Of the denizens
of the vicinity do not regard the first day
as a holy day. The truth OF his may be
Judged from the fact that II Ia common
report TINT a public school in that vicinity
has 900 pupils on it's rolls, and that of
a., m Of ha at IN reli Uian