Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1907-12-13
THE LAW STANDS
Supreme Court Says Sunday. Rest
Law is Constitutional.
DECISION BY JUSTICE STEWART
Court Holds That Law Does Not Vic.
late any Provisions Of the Con-
stitution.

Tuesday the supreme court hand
ed down its decision on the Sunday
rest law, holding the law 10 be con
stitutional. The decision was writ
ten by Justice Stewart, Chief Justice
Ailshie and Justice Sullivan concur.
ring.
The opinion is volumlnous, con-
tainlng 90 pages of typewriter
legal cap, and quotes from many
decisions, both state and federal.
The syllabus by the court sustain
ing the constltutionality of the act
10 as follows:
81. In the exercise OF its police
power, state may prohibit the con-
duct of business on Sunday.
80. The title of the act of March
l9, 1907, IAN act to set apart Sum
day as day Of public rest; to pro-
vide for the closing of saloons and
other places of business on Sunday;
to prohibit the selling, giving away
or disposing of any spurious, yinols,
malt or intoxicating liquors on Sum
day; to provide for the closing Of
places of public amusement and
prohibiting horse racing on Sunday
and to provide for the punishment
of those guilty Of violating the pro-
visions of this act, and providing
for the disposal Of all fines collected
under The terms of this act, does moi
violate article 3, section 10, of the
constitution of this state which pro
yides, Every act should embrace
but one subject ond matters proper
" connected Herewith, which sub
iect should be expressed in the title,
ete.
49,, The act of March l2, 1907
prohibiting keeping open on Sunda.
for the purpose of trade, etc, an
shop, store, building or place o
business, whatever, and exemptinl
hotels, restaurants, livery stables
stores In selling medicines and sup
plies for the sick, undertakers, new
stands in the quiet sale and deliver
of papers and magazines, non.intol
icatlng refreshments, candies an
cigars, and prohibiting saloons fror
opening or the sale of lntoxicatin
liquor on Sunday, and prohibitin
the opening of a theater, playhouse
dance house, race track, lnerry.g gc
round, circus or show, concert 8;
loon, billiard or pool room, bowlin
alley, variety hall, or any such plas
of public amusement, prohibitin
horse racing on Sunday and PROVE
ing penalties for violations of Ct
act and prescribing the duties of Il
prosecuting attorney az to sns
prosecutions does not take properi
without due process of law, does n
violate the bill of rights, is n
special or local legislation, does n
discriminate between different pc
sons, and is not unfair or unreaso
able under the constitution.
~. The legislature ia the jnd
of . proper classification under
Sunday rest law, and its discreti'
will not be interfered with, unle
such law violates some provision
the constitution.
IS. A law declaring Sunday
day of rest is not unconstitution
because 1t does not prohibit 4
kinds of labor on sunday"
The concluding paragraphs of
opinion are as follows:
aAlmost everY sta-e IN the mi
has upheld the principle that 81
day regulation is within the pol
power of the state. The con
recognize the power of the state
regulate both business and indis
ual action upon Sunday, and TO p
hibit absolutely the carrying %
certain trades and business; 20
upon the grounds that il l. re
ions regulation. but generally NJ