The daily morning journal and courier., 1907-05-28

ment that, until further declaration, they would close all day Sunday, as they could not afford to keep open with out selling whatever they might have in stock. A few raised the question whether fruit, candy, soda and tobacco might not be considered necessary, in the liberal interpretation which the courts have enjoined. A great many more made public threats that they would force me to close the news stores, livery stables, garages, and everything else, until things became so tight that something would burst" I was able to show that the supreme court holds the letting of vehicles for Sunday use on the highways entirely legal In re- gard to the other places l admitted freely the fallibillty of my judgment, and declared repeatedly and publicly that I should be glad to have 1t test ed by q case brought into court. But l explained that my oath of office re- qllires me to execute the laws of the state according to my best skill and judgment" and that, therefore, until my personal judgment should be cor rected by specific decision of the courts, my own best judgment must be my guide. If I have caused the closing of any places which ought not to be
 
 by disregarding my views and going into court If l have left open any places which ought to be closed the way Is entirely clear for any citizen with stricter judgment to appeal to the prosecuting attorney. But l myself must be guided by own best Judgment
 T did not order the arrest of Henry woodward who was brought into court for selling some cigars. told the chief of police, in general terms, to make sure of the observance of the law or the prosecution of the offenders, and I knew nothing of MT Woodward's arr rest until late Monday evening, when ! came back from an all-day fishing trip.
 q have stated many times, and pub licly, once indeed in large meeting in the First Congregational church, that in my opinion the Sunday law ought to be relaxed. But, no matter what the laws may he or where they may cut, I shall do my best to execute them, as l find them in the statutes and in the de- cisifns of the courts. I hold that it is not for me to undertake to determine which of the laws are to be enforced and which may be ignored, nor yet ic accept the uncertain determinations cl miscellaneous others. And have ssk- eh this position so deliberately and aft CT so much effort to learn just wha; my legal duty is that have not ,ne slightest idea that I shall change.
 q am not aware that have made any diacriminations of personal char acter in my enforcement of the laws either in this latest matter pr in tnc past. I have taken the same position with reference to all lotteries and gambling, toward all druggists, all fruit dealers, all news dealers, all to- bacco dealers. I have made distinc- tion-not between the cigar and the newspaper. as has been asserted or inn plied-but between the Sunday sale of tobacco and Sunday papers, The Sun- day cigar may be bought on Saturday; | the Sunday newspaper cannot, not yet Hand that, in my "best judgment" is an important difference. If my Judgment is not good, there is an easy way to the courts for correction.
 Perhaps I may well add that rather curious explanation of my tardiness. in taking the matter up. For several years it has been my custom to go for Sunday supper at the house of one of my colleagues in the college faculty every week when have not had another and more special engagement;