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

| the sale OF Ice ana meat on SundaE
is not a work of necessity and is
therefore in violation Of section 500,
sol and 502 of the code, which says
"Section 500. No tradesman, arti-
ficer, workman, laborer or other per-
son whatsoever, shall do or exercise
any worldly labor, business or work
Of their ordinary callings upon the
Lords day. Commonly called the
Sabbath) or any part thereof (work
of necessity or charity only excepted) ,
and every person being Of the age Of
Is years or upwards, offending in the
premises, shall, for every such Of
fense, forfeit the sum of 81.
"Sec. sol. No person or persons
whatsoever shall publicly cry, show
forth, or expose to sale any wares,
merchandise, fruit, herbs, goods or
chattels whatsoever upon the Lord s
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.
"Sec. 502. No public sports or pas
times, as bear-baiting, bull-baiting,
football playing, horse racing, inter-
ludes or common plays, or other
games, exercise, sports or pastimes,
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 misdemeanor, and be subject
to fine not to exceed $50 or imprison-
ment 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-
! tions issued in 1851, passed by the
common council of this colony in 1712
and afterwards embodied in the statu-
tes when South Carolina became a
State.
The case 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 case was tried, erred in al
lowing the three warrants issued to
be consolidated into one charge, and
the defendant on the ground that,
there was no case against James and
that he had not violated the law. The
case was heard in the circuit court
before Judge Prince, who decided that
the magistrate was correct in his in
terpetation Of the law and that he had
not erred in consolidating the cases
and on the evidence had not erred in
filming him 81.
William James sold ice and meat
at Manning and according to his state
ment delivered both to customers on
Sunday morning, although he testifi-
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 prescription. A
warrant was sworn ont for his arrest
on August 4. 1907. there being three
cases. The defendant 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 it be shown that it was an act
of necessitv or mercy. This was not
shown in the testimony. In conclusion,
judge Prince SAYS:
"The court is earnestly urged to
take judicial notice ci certain natural
i laws. such as that ice melts and fresh
beef spoils quickly in hot we9:her.
! This is true. no doubt. but how do
: these natural laws help defendant s
case? There is no evidence that by
reason of poverty or misfortune any
or all of defendants customers we're
unable to furnish themselves with re-
frigerators Of such capacity as would
/ preserve both ice and beef from Sat-
urday over Sunday. Nor does the
evidence at all show that there was a
single customer who could not, by
i the exercise Of but ordinary prudence
and economic foresight. have prepared
t himself. at very moderate cost. for