The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1908-09-02
The Blue Law Sustained.

The State Supreme court has handed
down its decision in the celebrated case
of The State VS. William James convict
ed under section 500 fer delivering ice
and beef on Sunday. The court decides
such deliveries are not a work OF neces-
sity. We take the Columbia Record OF
Monday the following synopsis OF the
decree.
The defendant, William James, was
convicted before a magistrate OF the
offense OF violating the Sunday law,
contained in criminal code, section 800.
The circuit court on appeal affirmed
the Judgment OF the magistrate.
''The defendant is butcher and ice
dealer in the town OF Manning. He was
arrested on three warrants charging
three separate offenses OF selling ice and
meat and delivering ice and meat to
three different persons: and carrying on
his ordinary business by such sales and
deliveries on Sunday, 4th August, 1907.
';Contrary to the contention OF the
counsel for the prosecution the magis-
trate ordered the three charges to be
considered into over, holding whatever
might be the number OF sales and de-
liveries, as all were on the same day,
they constituted but one doing or exer-
cising worldly labor, business Or work
of the defendants ordinary calling,
within the terms of the statute. Our
statute is the same as the English stat
ute. In deciding under that statute the
precise point here involved: Lord Mans
field said:
'''On the contraction of the Act of
parliament the offense is ''eNerclslng
his ordinary trade on the Lords day"
and that without any traction OF day,
hours or minutes. 1t is but one entire
offense, whether longer or shorter in
point of duration. So whether it con-
sists of one or OF a number of particular
facts, the penalty incurred for this Of
Tense is five shillings. There is no idea
conveyed by the act itself that If a tail
or sews on the Lords Day every stitch
he takes is a separte offense: or If
shoemaker or carpenter work for differ
ent customers at different times on the
same Sunday, that those are so many
separate and distinct offenses. There
can be but one entire ofense on one
and she same day
''This case was cited and the prlncl-
BILE APPLIED in holding a number OF acts
of adultry 70 constitute but one otfense
in Ex Parte Snow. The argument
against this construction Of the statute
on the ground of the inadequacy of the
6ue of 81 to prevent the violation. OF
the law loses its force, in view OF the
fact that the general assembly has not
seen fit to change the penalty, though
the Judgment of Lord Mansfield was
rendered in lii and that Of the su-
preme court Of the United States in
1887.
THE main question is whether the
sale or delivery OF ice or fresh meat to
the residents OF the town of Manning
on Sunday Is a work of necessity. A
work of necessity within the meaning
of the statute may be that labor neces-
sarv to save the worker himself from
unforeseen and irreparable loss, or it
may be that necessary to the commun-
ity. There IS no evidence that the
sales or deliveries here under consider
alton were made to persons who had any
unusual or sudden necessity for these
articles, and the question here is wheth-
er such sales or deliveries on Sunday are
ordinarily necessary to the people con-
stituting the municipal community OF
the town of Manning. 1t is impossible
to state in the form OF a legal PROPOSE
tion the degree of need or lnconven-
ience which would amount to necessity.
Necessity is "a elastic term. 1t does
not mean that which is indispensable,
but it means something more than that
which is merely needful or desirable.
No doubt thing which is merely need.
full or desirable to the residents OF a
!; town might be q necessity to the resi-
dents Of a great city. So also that which
was a luxury q century ago might now
have become necessity. There is al
wavs. however, tendency, which ought
not to be sanctioned, to claim accustom'
ed Injuries as necessities falling wlthlr
the exception OF the law.
The obvious intention OF the statute
: is to set apart one day for rest from or
oinary labor, So as TO give opportunity
to all for leisure and the contempt atlor
of the higher things of life. This pur
pose would be defeated if the cour
should hold every work necessity, tbs
interruption OF which would break lntt
the ordinary habits of the community
or produce degree of public inconven
ience or discomfort Assuming tha
supplies could not be laid in on Satur
dav, there is still no ground to say 1t l
grevious deprivation not to have lct
or fresh meat every day in the week
Discussion of the numerous authorltle
: is not necessary.
so far as we can find there is no pre-
cedenc for holding the continuance O!
, Sunday of ordinary sales or deliverie
} or fresh meat TO be a work OF necesSit
in a town. and there is no sound argo
/, ment in favor of such conclusion.
The Judgment of this court is tha
' the Judgment OF the circuit court be al