The herald and news. [volume] (Newberry S.C.) 1903-1937, 1908-09-04


shown, it would not have availcd. 1t
seems to be conceded in argument of
counsel that in the town Of Manning.
where defendant does business. he is
authorized by ordinance TO deliver ice
and beef in summer time on Sunday,
before q o'clock Il. H., and this ordi-
nance is urged as Il shield for defend
, ant. Such ordinance can not avail
! him. n" municipal ordinance can lc-
gally authorize what statute for
bids.
| 'ln conclusion, we may conccdc
that. in modern life both ice and lrw,h
meats, however they may have been
regarded in former days, arc now nee
cssarics, but that will not Justify
their delivery on Sunday any more
than the conceded fact that flour,
meal, potatoes, rice. bacon and butter
are ncccSsaricS will justify Il grocer
in opening his store and delivering
such articles on Sunday.
Such being my views. 7 must over
rule all of defendant : grounds Of
appeal. despite the very able and cx-
haustivc argument of his counsel,
which has very much impressed, but
has failed to convince me. I can not
hold that running" Il delivery wagon
! and delivering ice and fresh meat at
the houses of the people on the
l.ord's $ day is work morally fiji and
proper to be done that day.
Supreme Court Decision.
The supreme court SuStainS the de-
| cree of Judge Prince on every point
The court holds. in the decision writ
ten by Justice Woods. that the sell
ing or delivering Of ice or meat on
Sunday could not he termed an act
OF necessity. True. what might have
been considered luxury in one gen
Grafton is Il necessity in the next and
there arc many things that could be
dome on Sunday NOW that would have
violated the law 80 years ago. Tie
object in the statute was evidently to
set aside one day of the week for rest
and the contemplation "r the higher
things Of life and only works of nee
cSsity or mercy should be done. THE
court holds that il should be careful
in dcfinin" what are works Of ncccs-
sity and mercy: that by a slight
stretching" Of the terms Of the statute
almost anything might be deemed nee
cssary or mcrciful. Therefore 81 l,<.
rs the statute stands as it is il is best
to consider the decision Of the circuit
court correct and il is affirmed.
just what effect this decision will
have in bringing other eases is not
yet known, but ii is very probable
that others will be brought in some
of the counties.
The decision of the supreme court
is as follows:
"Thc defendant. William James.
was convicted before n magistrate Of
The ofcnSc Of violating the Sunday
law, contained in criminal code, sec
tion 800. The circuit court on appeal
affirmed the judgment Of the magiS-
trato.
"Thc defendant is butcher and
ice dealer in the town of Manning. He
was arrested on three warrants charg-
ing three separate offenSes Of selling
ice and meat and delivering ice and
meat to three different persons; and
n n I,
such sales and deliveries on Sunday.
lth August, 1907
"Contrary to the contention of the
counsel for the prosecution the mag
iStrate ordered the three charges to
be consolidated into one, holdin"
whatever might be the number Of
sales and deliveries. ~, all were on the
same day, they constituted but one
doing or exercising worldly labor.
business or work Of the defendant :
ordinary calling, within the terms Of
the statute. Our statute is the same
as The English statute In deciding I'M
dor that statute the precise point
her involved. Lord Mansfield said:
''On the construction Of the act
Of parliament the offcnsc is "cxrrcis-
in" his ordinary trade on the Lord s
day, and that without any fraction Of
a day, hours or minutes. II is but one
entire Offcnsc, whether longer or
shorter in point Of DURATION
SO whether it consists Of