The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1905-03-29
YEIQES SUNDAY BILL
,lcontluu,d from pace ons)


shows that our present law ~ mot as
blue" os pictured, nor b. BE- strict
blgoted, or antiquatcd. As "a rule. the
New England states prohibit AN re-
creation on Sunday, as well as hunting
and fishing. The Southern states do
not restraint decoration, but join those
OF New England IN prohibiting hunt
ing and fishing; while such states as
ohio and Indiana make their restric-
tions apply to persons over fourteen
years of age.
1t must be admitted by all that the
present law regulating the observance
OF the Sabbath could undoubtedly be
amended to advantage. The ideal
which should be aimed at is to provide
a day OF rest, recreation and religious
worship, and so draft a law that each
berson would be free to observe the
day in any way that does not inter-
fere with the observance Of It by others
The bill is not clear i'm its express
sion. am informed that It was the
intention to allow laundry to be col
lected and delivered throughout the
day, but this is not the result.
The bill is so framed that its opera
ton will, in some respects, be distinct
ly hindrance to quiet and rest, and
it will certainly reduce the number Of
people who can now enjoy the day as
they believe best.
! There has been no public demand for
| vessels to load, ranchmen to work, and
Ntrains to carry freight regularly on
| Sunday In all the expression of pub
]
ton stated to the peddling of what
may be termed luxuries in the way of
soda water and ice cream on Sundays,
but no argument has been advanced
in favor of allowing the small Oriental
! shops all over this Territory that sell
soda water, and sometimes more, to be
open all day Sunday.
The first section of this bill prohibits
all labor on Sunday except works OF
necessity or mercy, and then goes on
to legalize as works of necessity and
mercy no less than thirty different
kinds & occupation, irrespective OF
their nature.
Section two legalizes the playing OF
cards. billiards, and throwing of dice
aft of which may be classed as IRE.
creations, amusements, sports OF
games" provided they are not played
in such manner as to commit COM
mon nuisance.
The third section distinctly provides
that This Act" meaning all that pre-.
} cedes. shall not be construed as per
hitting the conducting of any show
etc, other than aquariums, museums
geological gardens, and outdoor athle
tic sports"
Now, by turning to section 1880 o
the Revised Laws. we find the defini
ton of a common nuisance applies onl!
to that which is without authority o
justification by law, and the question
arises as to whether the last section
does not justify by law athletic sports
{ If so, such sports could not be res
tricted in any manner.
Finally, the courts of different state
r appear to be in hopeless conflict as tt
! the authority of the Legislature to draw
t a distinction. such as is provided il
= the third and last section. And it i
unwise to put law into effect wher
t there is a probability that the court
: may decide that it denies the equa
protection of the law to all persons.
After careful study, 1 am forced t
the opinion that the present law, wit
> it's defects, is better and can be NOR
r readily enforced than this bill in it
present shape.
(Signed) G. r. CARTER,
Governor
Executive Chamber, March 20, 1905.