The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-07-23

SELF submit the following opinion In
you sspt Of Lakewood on Sunday fron% about
9 81 bot psins s SIsee
! the sale Of Intoxicating liquors will tbe
opened and that no such Liquors DO sold.
nsee aaas s
turbance as hose words would, be cor .I
strIed for Saay pfelrng Tins
I'm person on "a Sabbath day be found
laboring ntgany trade o Calling, or EN- ]
ploy5 his apprentices Or SERVANTS IN labor
or other work Of necessity or charity. he
sha1l5forfeit&two dollars for ca Oh offcnse.l
Or seryn iainaf
offense.M From my Judgment, heretofore
or hereafter rendered under this section q
the right OF appea ! shall lie, to the de-,
o1 the cty
to the Circuit Court of the county where
In said Judgment appealed from IS ren,
dered, and when taken shall be proceeded
in as appeals in misdemoanor3 cases ,"5.i
# You will observe that the statute ex.
icepts only household or other work g, Of
charity h,lst th s4rn l5
construction 8of SAbbatarlanS law, and /
do not believe that the, class of amnsG :,
\ beRnn IRE ny oo
nunlty{ we are MI laborers) would be,
hold by any jury, Ito which, the matter
would be To- be q Viola ton aof
AS sunday5tis the chief liday for the
vast majority Of our peopl IT seems 70
me obe a work Of necessity to provide 'i!s
some Instances. instructive for that #por-5
ton of the day which Is left aft those
who desire 1t, have performed their re-
not afforded, hun,aan nature, is 50 consti-
tuted that It VIII nuuestionably socls
Improper ana,isements.s,T TO ~ give these 50
Fl ptopec It's atrctes sense human
nature being what It Island necessarily
recurring Its leisure time to be occupied;
am Of opinion u tha - tsa,S!
this view would prevail, and y am glad
to state that one of tho most conseryn-..
tyoot The Judges q this Common Weallh
The Only Penalty.
It is to be observed that this Is u
penal statute, and Is. therefore, to DO
It nowhere prohibits labor on the Sab
bath dry, but simply provides that where
ombnva aSn qo as @
each q employe which the employer en-a
cages In such work or labor. There Is
no other punishment prescribed and NO
continuing one and imposes a fine Of $500,
@ enRH f Snoa sar or aue
portion OF 1t rs he party chooses to
apply to sucl, work or labor. The Ian
guage is found laboring Mt any trade ira dc
| or calling. : s 4. .il IN u
party is continuously engaged in such
throughout the whole sabbntl!! day, tho
slaw only exacts Of him one forfeitureI
lennn .fryv--A "A
Say a. oo ono o aarns 0 clearly
! shown by the distinction made by our
Of Intoxicating liquors and the failure
! to close the bar where such drinks are
sold. In speaking OF this difference Of
| punishment for these two separate OF
1 lenses, the court says:
s'There Is still another reason fos say
Ing that neither the offense nor the PEN
nlties defined and prescrib BY the or
! dtnance and tho statute are substantially
! the same and that Is. that q person may
and punished under s,,,n the
Intoxicating drinks on tho same
day ,,as n. for Ia different orense;
whoreils he can be convicted and punish
ed under the ordinance Of only 'one
| offense for not closing the bar where
such drinks are sold or given away on
Sunday, during the whole day az
So here the person may continue to
vt e %9saa rs su Tse t Of ssnda ay
l felture of only $500. So In the first SEN
| tence the penalty is Imposed "for each
4 offense''--that is; for the ofrense OF labor
/ Ing himself during the whole day or such
| part of Sunday as q person may choose
| 10 labor and for the offense Of employ
| Ing n servant for such labor For each
OF these offenses the employer shall for
| felt $500. NJ 2.}
! That the foregoing Is n true construc-
| ton of the statute and that no other con
| structton can be given II, Is made plain
by the next sentence OF tho statute;
EVERY day any servant or apprentice is
| SO employed shall constitute Il distinct
oirense The distinct otrense, there
4 fore, is for working the whole day, not
| Tor working n minute or hour on Sunday,
but II he labors the whole day i Is one