The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1908-01-19
ST. LOUIS STRUGGLE
OVER SUNDAY LAWS
Post-Dispatch Bitterly Re-
SiStS Strict Enforcement
Of Statutes.
Says They Are Religious
Measures Upheld on
Secular Grounds.

washington is not the only city IN
the country that is stirred up over a
discussion upon the question of Sunday
laws, nor IS New York the only me
tropolis fearful OF the closing OF the
lid. St. Louis just now is in the thTocs
OF 2 war between the hosts OF those
who believe In stringent Sunday legisIa-
tIon, and those whose inclinations and
convictions are for a minimum Of such.
The Post-Dispateh, Of St. Louis, ex-
presses the views Of the latter in an
editorial in a recent issue. It says:
The revival of Sunday laws in Vari-
GUS cities is distinctly a religious move
ment. The laws in the first place re-
fected the religious cTeeds and predilec-
lions Of their authors.
As the Courts See 1t.
IN taking notice Of the flaming zeal
which everywhere accompanies Sunday
law enforcement. 1t should be remem-
bered that, notwithstanding the pious
Inspiration of Sabbatarianism, the
courts have held almost without excep-
ton that legislation of JEis kind can
be sustained only on secular grounds.
To advance religious belief as a reason
for Sunday blue laws would be to null
lily them.
I'VE have the strange spectacle. there
fore, Of religious laws enacted and en-
forced az the demand Of religionists. and
upheld by courts which deny that they
are religious laws, and assert thaJ they
are nothing more than police and health
measures.
This is a situation calling for a little
common honesty and for some genuine
American backbone. II the laws are TO
be enforced IN obedience TO a religious
demand and for religious purposes, they
should be carefully revised by The law
making powers. for 1t is probable that
the best religious sentiment today is not
reflected in these fantastic enactments.
Fate of Blue Laws.
1T may be doubted II a convention
of any church would re1enact the old
Sunday code in its entirety. When we
consider that most people are attached
10 no church, and that many churches
are liberal in the matter OF Sunday di-
versions. il will be seen that any re-
vision Of these laws would probably re-
suit in expunging nine-t6nths Of them
from the statute books.
Religious laws having no standing in
court except or the false pretense that
they are secular in purpose ought to
be easily repealed. When the were
first enacted in this country 4 had
the weight OF the church, OF wealth, of
nine-tenths Of the population and Of
practically al respectability behind
them. II iS not so now. Compelling
their rigid execution at this time,
few zealots are simply invoking the
authority Of sanctimonious lawgivers
dead and gone for the regulation of
people OF different beliefs. different
tastes and different necessities
Assaults on the Laws.
1--WE are to remember also that true
American liberty had some Of its most
important beginnings IN successful
assaults upon these very laws. IL was
not until the people had learned to
question the despotic powers OF the
New England theocracy and the State
Church Of Virginia that they ventured
10 assan the awful pretentions of
George III, who ruled by divine right.
Sam Adams in Massachusetts and
Thomas Jefferson IN Virginia were
bounded to their graves by the ele-
mcnt which supported the blue laws.
THESE men and others almost as
celebrated held that emancipation from
ecclesiastical authority was essential to
liberty. What would they have thought
OF 100000 Of people subjected to re-
ligious laws which gained their force
by judicial denisls of the self-evident
fact chat they are religious laws?
Curtailment of Liberty.
TT is maintained In some quarters.
and with reason, that repeated inva-
sions OF popular rights during the last
thirty or forty years have resulted in
a serious curtailment Of liberty. II
reasonable and harmless diversion on
Sunday may now be prohibited by
small religious element. backed by a
notorious false pretense in the courts,
Il must be that there has also been a
most emphatic loss Of independence on
the part Of the people. The worst OF
alI slaves are those who willingly bend
20 the yoke.
Many important questions are press
Ing for settlement, but they all shrink
into significance in comparison with
this one, involving as it does the per-
sonaI liberty Of millions, Tariffs, trusts,
currency, rebates and all SUCH problems
will hardly be dealt with wisely by
men who are not free or by courts
which are terrorized or insincere."