The Hawaiian gazette., 1904-12-06
OBSERVANCE OF SUNDAY.
iFrom saturday,s Advertlser.)

Transit Company, on the subject of
Sunday observance, proved very sug-
gestive. These men were not only in
telligent and fairly educated, but they
were evidently without pretense or
cant, deeply religious, and the fact that
there are such men in the Rapid Tran
sit service is a convincing proof of ex-
cellent management. Both of them APP
proved of the most rigid enforcement
of the Sunday law, and further claim
ed that motormen and conductors had
the same right as other people to at
tend church. and, as corollary, that
the service ought to be suspended on
the Sabbath.
This introduction brings to mind
prevalent error from which excellent
American citizens are not free, ana
that is the illogical intermixture OF
religious with legal questions. The
government of the United States and
every State and Territory within its
limits are powerless, and rightly pow
erless, to enforce religious observances,
or to interfere in any manner with the
conduct of any citizen on Sunday or
week days, except to the extent that
the safety and comfort of the COM
munity are affected There is no re-
ligious establishment in the United
States, where church and state are and
always have been entirely separated.
II is this fact that has almost eXter-
minated bigotry and intolerance, and
has enabled, 1t may not be said rival
but competing, church organizations to
exhibit an almost unparalleled growth.
The rapid approach towards unity on
essentials, common to most forms OF
worship, and the elimination of non
essentials, is chiefly attributable to this
fact. Our institutions have done more
towards the development of human
brotherhood, founded on the recogni-
ton of God and the moral law, than
all ether forms of government com
-bined, The result can be witnessed In
this Territory and in every part of the
mainland. One of the most noticeable
features in Honolulu, for instance, Is
not only the absence of discord, but
the positive harmony between religious
bodies that differ widely In their
theologies and practices, but agree
upon those points that civilization IL
self treats as fundamental and oil
transcendent Importance.
In the matter of Sunday observance,
apart from the features that touch the
body polite as a whole, Christian or
ganizations are widely separated
Some, while insisting upon public wor-
shin. are not opposed to but favor
amusements and enjoyments that, from
the American or legal standpoint, may
be classed as innocent and harmless
Others are more rigid and exact from
their followers mucn stricter lives
Some believe in an exact Sabbatarlan'
ism. Others are more liberal or more
lax. Works of necessity are very lin
tied In the estimation of some ant
more extended in the opinion of others
III the state could interfere In thes
matters, to the extent that they aHec
only individual or social conduct, end
less discord would be the result AM
the Eighteenth would replace tn
Twentieth Century.
The provisions in the Federal Con
stitution, which relate TO the subjec
here discussed, are short and wort
noting.
In Article G, Clause 8, 1t Is provided
ed as a qualification to any office
public trust under the United States.
The First Amendment declares
Congress shall make no law respecting
an establishment of religion, or pro
hibiting the free exercise thereof"
The Bill of Rights in each state con
tains corresponding and even broade
( provisions. The subject has been deal
with in hundreds of decisions through
out the Union and by our creates
jurists and law writers, such as Stor!
Cooley and Field, and it has becon
indisputable that neither Congress NJ
any State or Territory can interfel
with the manner of keeping Sunda
except in those respects in which
religious are unanimous and whi'
practically affect the people at larg
The subjoined extract from the case
Watson VS.. Jones, decided by the s.
preme Court of the United States,
powerful in thought and rich in EXPIRE
sion: I'm this country the full and fr
right TO entertain any religious belle
to practice any religious principle, al
to teach any religious doctrine whiC
does not violate the laws of morali
fringe personal rights. is conceded
all. The law knows no heresy, is cor
mitted 10 the support of no dogma, L
establishment of no sect"
A special argument, arising from o
form of government and from I
American conception of civilizatiC
might have been addressed to the t
employees. to whom allusion has be
made, While the rights of individu
and jminorities are closely guarded, L
der our constitutional system. the &C
of the majority is invariably consult
1t is most likely that all conducts
and motormen under the broadly
eral policy of the local street car s.
ten. can find opportunities to atte
church, without endangering their e
ployment. But. il the rule We're 9th
wise and the street cars were moti'
less on Sunday, what would become