The daily morning journal and courier., 1907-06-08

' t11A-NNA ttA iho NchcCluCilCGS c lCtlSOIIdUly 1 strict construction should be the rule
 We are not at liberty to avoid ballot
 that is not within the expressed inten-
 tion of legislature. On the contrary, l like all penal statutes, it should be linn
 ited by construction if necessary, so as
 to prevent its application to cases clearly not within it's equities" The
 question regarding some of the ballots
 in dispute involved the provision of the
 statute that the names of candidates l should be printed in type of uniform
 size. Certain ballots contained the ! name of DeForest-in which the "e''
 after ID" was small letter instead
 of a Roman capital like the rest As
 to this the court said: The first sec
 tion of the act requiring type of uni ! form size was strictly compiled with in
 all other respects. In that there was a violation of the strict letter of the law but 1t was not violation of it's spirit
 and intent"
 Liberal Construction.
 In the foregoing cases the supreme
 court has uniformly construed the stat
 utes, not in a restricted and technical
 sense, but in a liberal manner, endeav-
 bring to find and determine the spirit
 and Intent thereof. To find the spirit
 and intent of this statute recourse
 must be had to the history of Sunday
 legislation in this state.
 In the edition of the statutes print-
 ed in 1715, the provision of the law now under consideration required every
 person on the Lords day to carefully apply themselves to duties of religion and piety, publicly and privately; and that no tradesman, artiticer, laborer, or other person whatsoever shall, up- on the land or water, do or exercise any labor, business or work of their ordinary callings; nor use any game, sport play or recreation on the Lords day. or any part thereof (works of necessity and mercy, only excepted) upon pain that every person so offend ing shall forfeit ten shillings." This act is entitled An act for the better observation and keeping the Sabbath or Lords day"
 It is clear that the object of the statute was to compel attention to du- ties of religion and plety, and so that no one should have any excuse, cer- tain labor, business and recreation were prohibited. A proper observance of the Lords day was an important part of religious duty, and that was based upon the Mosaic law In fact, the so-called capital laws of the colony were all based upon the laws of Moses. In a list of fourteen crimes named, including idolatry, blasphemy, witchcraft, man-stealing, false-wit- ness, and treason as to which refer ence is made in each section to the Old Testament, the penalty is death.
 In 1716, was passed An act for the more effectual suppressing of immor- alfty and irreHgion, and for putting in due execution sundry laws already made against vice and prophaness.v The preamble sets forth that the gen. eral court had recommended the gem eral association of the churches to 'en- quire into the state of religion in this which was done, and a report made Sabbath breaking was not included in the report, but "a want of Bibles in particular families, and and great neglect of att tendance on the public worship of God upon Sabbath days and other seasons" were. And the general court, having the matter "are fearful That there hath been to great neglect of a due execution of those good laws al- ready enacted among us for the pre- vention of such decays in religion" From these instances it may be fairly that the compulsory observ- ance of Sunday was purely religious matter.
 CHANGE IN RELIGIOUS VIEWS
 Since that time the religious views of the people have materially changed | and most of the prohibitive Sunday | avs have disappeared, this section l. 369 alone remaining of the ancient | statute referred to. and differing from | t very little in form. Are we to con- | 'lude that its existence and enforce ment are for the purpose of prevent Ing such decays in religious faith?"
 Is it not rather the fact that the stat ute is based upon the economic princi- pie of one days rest in seven, together with the protection of the rights of all n the matter of their religious feel ngs and duties" No one will claim l hat it Is practicable to enforce obedi- ence to the letter of this statute. In [ of ways it is violated every Sunday By the broadest interpretation ' 'f the word necessity many things 'ould not be justified, which are done K md known and not complained of. By he repeal and modification of former avs, acts are now lawful which tend Y ar more 10 dissertation of the day md to offend the feelings of those who lave Q reasonable right to peaceful Ind quiet day, than some other thing which are done and are against the etter of the law.
 In State vs. Miller, 6S Conn.,, S7S udge Hamersley, commenting upon he statute prohibiting keeping open a 'lace where games, etc, are carried on 'unday, says: That section is direct d against the proprietor of a business Vho receives the public as customers n the place where, he carries on a business of such a nature that its open 'ansaction on Sunday is peculiarly able to disturb the quiet and good or CT to which all citizens are by law ntitled on that day"
 In Wetherell vs. Hollister, 7S Conn.,, 25 l9OD Judge Andrews says: We uppose that the primary purpose of unday legislation has been to secure | 3 private citizens the quiet enjoyment