Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-12-23
Only Criminal Code on the Books fol
Some Time.
COMES FROM OTHER STATES ACTS
Spirit First Breathed in Decalogue
Laid Down by Moses.
NEBRASKA CLINGs TO MOUNT SINAI
Dr. George l.. Miller and A. J. Pop
pIeton Were Members of Early
Legislature that GrappIed
with Problem.

The Sunday closing law which is nov
receiving such serious attention in Omaha
is by no means a new statute. In fact
with the exception OF a very few citizens
II antedatcs the Oldest inhabitant But ex.
cept for spasmodic pretenses Of reforma
ton, it has never been enforced with ths
severity now proposed, because presum
ably, it was intended 20 be a dead letter.
one OF the very FIRST laws passed by thu
very first legislature Of the territory OF
Nebraska provided for the proper observ.
ance of the Sabbath along lines similar to
the present law, though not quite so
stringent This first law was brought TO
Nebraska territory FROM lowe. Il being
at that time a part of the criminal code
OF that state. Two years later, however.
James r. Allen. who represented the
counties of Washington, Burt Cunning and
! the southern district of Douglas. intro
duced bill for a separate act more
stringent than the Iowa act, Dr. George
l.. Miller of Omaha was member of the
legislature which enacted this law and A.
]. Poppleton was a member Of the legisla-
ture which adopted the Iowa Sunday law
Moses tS Author of the Law.
The Sunday closing law has stuck closer
TO the Nebraska statute than a brother.
There has been time in the history OF
Nebraska when 1t was no crime against
the laws of the state to commit murder or
steal a horse, but since that first session
there never has been a time when a man
could legally transact business on Sunday
except in certain cases. Nebraska has
tena ciousy held to that old Mosaic doc
trine, six days shalt thoSl labor and do
all thy work. but the seventh day is the
Sabbath of the Lord thy God; in II thou
shalt not do any work. thou, nor thy son.
nor thy daughter, thy manservant, nor
thy msidservant, nor thy cattle. nor thy
stranger that is within thy gate" From
this commandment came originally the
Sunday closing law.
Friday, February % 1855. H. F. Bennett
representing the county Of Pierce. intro
duced a joint resolution in the council
which provided for the Observance OF the
Sabbath by the adoption OF the code OF
Iowa for the government OF Nebraska
insofar as It was applicable. Four days
later Governor lizard in a special message
to the legislature recommended the adop-
tion of the code Of one Of the neighboring
states, preferably Iowa. March 6. Chair
man Brown OF the committee on printing
reported that his committee recommended
the adoption OF portions OF the Iowa code
and he introduced c. B. No. 6, the criminal
code of Iowa The bill was read a first
and second time on that day and on
March 9 a substitute bill was reported back
/ from the judiciary committee to which II
/ had been referred. IL was read a first
second and third time, passed, and the
title agreed to that day II was signed by
| Governor lizard Friday. March 1s, the
numerous Fridays probably causing it to
| be such Jonah" law now to some.
Reference 90 Sunday Observance.i
The code made this reference TO Sunday
observance:
Section l5l. Laws OF Nebraska ls55-h
any person wilfully disturbes or dis
for religious sh woPsRp Sy PTofane ds
| course or rude and indecent behavior.
or by making noise either within
| the place OF worship or near as to
/ disturb the order and sOemnity OF the as
sembly, he shall be punished by imprison-
ment in the county jan not more than thirty
/ days or by fine not exceeding $50
Section l65-If any person within one mile
| from the place where any religious society
| is collected together for religious worship
in any field or woodland, expose 10 sale
OF gift any spirituous OF other liquors or
any article of merchandise or any provls-
\ ions or Other article OF traffie, he shall be
punished by fine Of not exceeding $50.
Section i55-lf any person within one mile
not apply TO tavern or grocery keepers ex-
ercising their calling or business in tho
place mentioned in their licenses df they
/ have such); nor TO any distiilers or man
! ufactureTs or others in the prosecution
of their ordinary calling or business 80 as
l to prevent them from vending exposing
/ 10 sale the articles above prohibited at
! their place OF residence; nor TO any person
| who has written permit from the person
! having the charge OF such religious society
to sell any Of such prohibited articles on
/ complying with the regulations of such
/ religious assembly and with the laws Of the
territory.
Allen Must Have Seen II All.
From the records OF the legislature Of
those early days It is evident the Sunday
closing law not sufhciently closing
or that Mr.. Allen, the representative mem
toned, had an idea Of what was coming.
/ for he introduced the following bin in the
house January ls. 1857 two years after the
adoption of the Iowa code, which was aD-
proved February Is. 1851:
Section l-Be II enacted by the council and
/ house Of representatives OF the territory of
Nebraska, That il shall be unlawful for
any person OF persons 10 Keep open ms.
her or their shop. store grocery.
| any dancing. public diversion, show or
other public Entertainment, TO take part
IN any sport game or PsyS css5 On TN tse n5S5 GAY
\ Sabbath. II shall be unlawful for any
person or persons 70 perform any manner
! Of work. labor or business, except only
/ work Of necessity or charity, on said day,
/ ana every person so offending shall be pun
ished by a 1ne not exceeding 80 for each
| and every Offense.
! Section 2-No person who does not con-
| scientiously believe the observance OF the
| arst day OF the week TO be a Christian day
| (duty) shall be liable to any nne or pun
/ ishment for performing any secular Work
/ or productive labor the said nrst day OF the
/ week. provided he or she disturb no other
person.
/ section 3-If any person shall on the
/ Sabbath or first day OF the week, or al
/ any other time. by rude or incecent be
4 havior or in any other way Intentionally
/ disturb interrupt an assembly OF the
] people met for the worship OF God, within
/ the place OF such meeting or, out Of IT,
| shall on conviction thereof Before any
| Justice OF the peace be punished BY I'M
/ prisOnment in the county jail not more
| than thirty days OF by nne not exceeding
! $50.
section For the purpose Of the pro-
! visions OF this act. the said first day OF
/ the week shall be understood 10 include
| an the time between the midnight pre-
oedlng and the midnight following the
! said day; and no psosecution for any
dne or penalty incuffed under any Of