The herald and news. [volume] (Newberry S.C.) 1903-1937, 1908-09-04
THE SUNDAY LAW
IS INTERPRETED.
Selling of Ice and Meat-Held to be
Violations of Old Common Law
Judge Prince is Sus-
tanned.

The supreme court has decided tha,
he sale Of ice and meat on Sunday
IS not Il work of necessity and is
therefore in violation Of section 800.
ool and 302 Of the code, which saws :
'Section 800. No tradcsman, urti-
flccr, workman, laborcr or other Der
son whatsoever, shall do or exercise
any worldly labor, business or work
OF their ordinary callings upon the
Lords day. Commonly called the
Nabbath) or amy part thereof (work
Of necessity or charity only cxccptcU,
and every person being Of the age of
10 years or upwards, offending in the
premises. shall, for every such Of
fcnSc, forfeit the sum of 81.
'Scc. sol. No person or persons
whatsoever shall publicly cry, show
forth, or expose to sale any wares.
merchandise, fruit, herbs, goods or
chatiels whatsoever upon the Lord 5
day, or any part thereof. upon pain
that every person so offending shall
forfeit the same goods so cried or
showed forth. or exposed TO sale.
"Scc. SOP. No public sports or pas
times, as bcar-baiting, bull-baitinc.
football playing. horse racing. inter
I'des or common plays. or other
games exercise, sports or paStimrS,
such as hunting. shooting. chasing
game, or fishing. shall be used on the
Lords day by any person or persons
Whatsoever: and every person or per-
sons offending in any Of The premises
shall upon conviction be deemed gull
ty Of Il miSdcmcanor. and be subject
to fine not TO exceed $50 or imprison-
mcm not to exceed 80 days.
The act referred to is probably the
oldest on the statute books and is in
fact copy of the colonial proclama-
tlons issued in 1851, passed by the
common council of this colony i'm 1712
and afterwards embodied in the statu-
tcS when South Carolina became IA
State
The ease VISA that Of The State
against William James of Manning
and both sides appealed, the State on
the ground that the magistrate before
whom the ease was tried. erred in al
lowing the three warrants issued to
be consolidated into one charge. and
the defendant on thc ground that
there was no ease against James and
that he had not violated the law. The
ease was heard in the circuit court
before Judge Prince, who decided thar
the magistrate was correct in his in
tcrpctation of the law and that he had
not erred in consolidating the eases
and on the evidence had not erred in
filming him 81.
William James sold ice and meat
at Manning and according to his state
mcnt delivered both to customers on
Sunday morning. although he tcstifi-
ed that he had not violated the law,
in that the goods were paid for on
Saturday and that they were not sold
except on physicians s prescription. A
warrant was sworn out for his arrest
on August t. 1907. there being three
eases. The dcfcndany said that he
had been delivering goods Of this
character for the past nine years.
Judge Prince. after reviewing all Of
this, upholds the MAGISTRATE. stating
that the delivery Of ice or meat vas
a violation Of the section referred to-.
unless il be shown that il was an act
Of necessity or mercy. This was not
shown in the testimony. In conclusion,
Judge Prince saws:
"Thr court is earnestly urged to
take judicial notice Of ccrta natural
laws. such as that ice mclts and fresh
beef spoils quickly in hot wro:hcr.
This is trnc. no doubt. but how do
these natural laws help defendant :
ease? There is no evidence that bv
reason of poverty or misfortune any
or all Of defendant 5 customers were
unable to furnish themselves with re-
frigcraiors Of such capacity as would
preserve both icc and beef from Sat
urday over Sunday. Nor does the
evidence at all show that there was a
single customer who could not. by
the exercise Of but ordinary prudence
and economic for>iohi. have prepared
himself. AT very moderate cost. for
taking care Of a sufficient quantity Of
both ice and fresh meat from Satur-