Daily press. [volume] (Newport News, Va.) 1896-current, 1910-04-10
nolIcy of the municipality?

do not violate the spirit OF the law
and that they are acting In accord
with public sentiment when they re-
fuse to interfere But the attitude
OF the officials cannot prevent the
complaining confectioner from going
to the police court for warrants. as
he did week ago and may do again
today. II the police justice does not
hold opinions similar 10 those of the
executive officers and his ruling last
week seemed TO indicate very clearly
that he did not, he OF course Will
have to impose fines in the event the
dealers are brought before him again.
/ II the complaining confectioner per-
sists In swearing out the warrants
time after time, the Justice. unless he
changes his mind. of course will be
compelled to impose heavy fines and
require bonds, as the law prescrlbes.
In this event, the dealers will have
the RICH, OF appeal. and they may ask
: the higher courts to give an interpre-
tation of the law as applied to their
, particular eases.
AS to the law itself and what may
be done under interpretations of II. II
seems that the courts can do about
as they like. Our Virginia statute
practically is identical with the old
English law. except in fhat it makes
violation OF its prohibitions a mis-
demeanor instead of a civil offense
The law says no person shall do 9TH
er than work OF necessity or charity"
on Sunday. and from Maine to Texas
there has been q row over the mean
ing of those words necessity and
charity" as used in the law. ever
since the Blue Law days of hundred
or so years ago. Courts have made
all kinds OF rulings. For instance,
under a law practically identical with
the one on the Virginia statute books.
a man has been found guilty OF yio-
lating the sabbath in that he travelled
on that day in pursuance to an
agreement by brother to take sister
to certain place" A telegraph COM
pany has been found guilty for trans
hitting such a message as Meet Ike
f. T. train at 3 o'clock" A pam has
been found guilty because he travelled
not house into which he expected
to move the next day had been clean
ed In all of these cases and in many
others like them. most of them de-
cided Il. massachusetts, the courts
gave a literal Interpretation of the
words necessity and charity" Some
courts have held that the operation
of street cars Is a work of necessity.
while others have held the reverse.
Some courts have held that selling
newspapers On Sunday is not an ex-
ception to the law. The Virginia SUI
preme Court, IL seems, has never
passed on the newspaper question.
nor upon the question at issue in the
case OF the local druggists. In the
case of Portsmouth social club. the
charter of the club was revoked be-
cause IL was proven that II had been
fraudulently obtained for the purpose
OF selling soda water, tobacco and
cigars on Sunday. But the question
at issue here was not raised In che
case, nor has IL ever been passed up
on by the court as far as We can
learn
Whatever may be the outcome OF
the present agitation in Newport
News. the next legislature should
amend and elaborate the sunday OBJ
servance law. As the law stands. the
administrative officers are obliged to
draw the line IN accordance with
their own ideas or public sentiment.
or else make themselves ridiculous
by attempting a literal enforcement
of the statute. n the lawmakers con
| template the sale OF soda water and
cigars by druggists. the operation Of
excursion steamers. the sale OF news
papers. the running OF street cars.
etc, OF any OF these things. let them
say so or the statute books. II Is
hypocritical and worse to make laws
that the public. including the legisis-