The Montgomery advertiser., 1906-04-27

Legislation has not been justified. and cannot, under our Constitution, "be jus tifed upon the ground. that such ab- stinence is enjoined by the Christian religion" it has been truly said that "the legislature Is not prohibited from
 making municipal regulations because they have the sanction of a religious society" - Furthermore. there can be no doubt, | that this legislation universally recog
 nised as so beneficial to man, especially to our industrious and hard working laboring classes, and so prized by many | who do not consider or accept the divine origin of the Sabbath has
 been placed and kept upon our | statute book by legislators who were afflicted with some Christion denom-
 ination, and who had in mind not only ! the needed rest from labor. but the opportunity the day affords for relig- | ious worship and instruction. And, not withstanding the freedom of religious | thought, which all of us prize. and l which happily prevails in this self gov erning republic, it has never been deemed an objection to wholesome leg l islation that it was conceived and for
 mulated by Bible-reading and God fear l upon their religious beliefs
 Observance of Sunday.
 As the Supreme Court of Maryland
 well said: Rest on Sunday does have tendency to foster and encourage i Christian religion of all sects and de-
 nomination that observe the day, as 1 rest from work and ordinary occupa-
 tion enables many to engage in public
 worship who probably would not other wise do so."
 But it would scarcely be asked of q court in what professes to be a Chris tlan land. to declare a law uncon- stitutional because 1t requires rest from bodily labor on Sunday, except works of necessity and charity; and thereby promote the cause of Christianity. If the Christian religion is incidentally or otherwise benefited or fostered by having this day of rest Gas it undoubt- edly is) there is all the more reason for the enforcement of laws that help to preserve it. While courts have gem eraliy sustained Sunday laws as civil regulations their decisions will have no less weight if they are shown to be in accordance with divine jaw as we'll as human" And the court proceeds to show, as our own court did under simi- lar circumstances. that this legislat tion infringes no constitutional rights of
 other worthy citizens, who, from re- ligious conviction prefer to worship as they have the right to do. upon some other than the Christian Sabath.
 ls Proceeding upon these views, the leg isiative council and House of Repre- sentatives of the Mississippi territory, as early as 1903, enacted a staute en- titled An Act for the Suppression of Vice and Immortality wherein more stringent legislation than even tho English common law or the English Sunday act of Charles II. was framed for the territory, and which swears up pretty accurately with the conception of the Sabbath, as found in the West minister Shorter Catechism of the Pres byterian Church. I have not space to quote 1t all. but the first section will give a fair idea of its scope and will, I fear, convey the impression that some
 of our forefathers. against whose ac- tions 1t may be presumed the legisla- | ton was directed. were. to say the least, more worldly minded than the legisla tive council deemed proper. Section 1 one of the act declares That no world | ly business, employment, ordinary or servile work. (work of necessity and | charity excepted) nor shooting. sport 1 ing. hunting, gaming, racing. Adding or other music for the sake of merri ment. nor any kind of playing. sports pastime or diversion, shall be done, per formed or practiced, by any person or persons within this territory on the Christian Sabbath, or first day of the week, commonly called Sunday"
 Sunday Legislation.
 This leRislation has, in subsequent