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

The interpretation of the statute
 must be reasonable and just. It is penal and at the same time remedial
 and its application must be liberal, or
 as Judge Hinman says in Finn vs
 Donahue, S5 Conn. 21S GS6S) citing 5
 Barn and Cress,, 4O6 on the English statute, % Car. 1 oh. (the Sunday
 law of England). the statute was en- i titled to such a construction as would
 promote the ends for which it was
 passed and that the act could not be
 construed according to its spirit, un- less it is so construed as to check the career of worldly traffic.
 This English Sunday law enacted in 1676 is not so broad in It's restrictions
 as our own, yet reviewing a conviction
 under it of a baker who had baked
 the Sunday dinner of several families,
 Lord Kenyon says. With regard to the act of parliament on which this conviction is founded, I think we should construe 1t equitable, so that it
 may answer the purpose of public con- venience, taking care at the same time that Sunday should not be profaned. It was extremely wise to put a mark on
 that day; by observing it, Christian
 ity may be kept alive agree with Mir. Justice Foster that I am for afi ob- servation of the Sabbath, but not for a Pharsaical observation of it.' Rex
 vs Youngs, T. R. 451. 1793.
 So it would seem that under a fair
 reasonable and just construction of
 the spirit and intent Of the statute
 there are acts which, although against
 the strict letter of the law, are not violations of its spirit. Such are those acts which do not disturb the peace and quiet of the day, and which do not interfere with the rights of those persons who recognize and ob- serve the day as one set apart for re- ligious and pious uses and which are not prompted and performed merely, or even largely, for private gain, and there may be other.
 DRUGGIST NOT GUILTY.
 Applying these principles to the case in hand, the evidence is that business was being conducted just as it had been for fifty years. It is drug store, where drugs, medicines and oth- CT articles are sold and prescriptions compounded. Undoubtedly some of the articles sold would not be included under drugs. If the business were simply that of putting up prescrip- tions or dispensing drugs there would be no question, because the need of such things depends not upon the day | of the week. But it must be recog- | nized that in order to meet the neces- f sities of the community, the place where these needs may be provided | must be open. And to require the to differentiate between necessity and a non-necessity, keeping the latter out of sight, and refusing [ to supply it if asked for, would be lm- and unreasonable.
 It is not in evidence, but 1t is mat ter of common knowledge, that the { custom followed by this defendant on Sundays has been to open his store for a short time in the morning, closing not later than 10 o'clock: to open from 12 to 1, and to open again at f o'clock Up to 1897, when this statute was last modified and re-enaeted he, as well as everyone, had lawful right to open his store in the evening. Al- though having that right, nearly all the people of this community have pre- ferred not to open their places of bust ness and it may be fairly assumed that this defendant shared this feel Ing, but for the convenience and to meet the necessities of the community and that he and his employees might nave part of the day, at least, free from the annoyance of calls for pre- and medicines, he has con iucted his business during a part of the day. And there is no evidence of N my complaint that in so doing or in | he manner of so doing he has in any way disturbed the peace and quiet of he day, or interfered in any way with he rights of those persons who recog- lze or observe the day as one set lpart for religious or pious purposes, ind under all the circumstances 1t Is air to assume that 1t has not been lone merely for private gain such as worldly traffic" is ordinarily engaged II. His act may be in some indivisi- ,le part of it violation of the strict etter of the law, but not of the spirit f it.