The Bridgeport evening farmer., 1911-02-25

tract permanently; but a majority of the committee felt that such an of fer should not be turned down harsh ly, and the proposition was entertain ed pending this meeting of the club.
 The agreement which was made to the committee was not kept by two of the dealers, and there is a spirit of unrest on the part of others.
 Your committee now recommends that on Sunday February 26, 1911, the Civic club of Westport shall proceed on the Sunday closing question in ac- cord with the resolution passed on January 10th.
 'The committee has made inquiries, and believes that from the decision of the courts, the statute does not prohi- bit Sunday transportation, the delivery or Sunday papers, the compromising of prescriptions by druggists, the serving of meals at restaurants and livery hire"
 The report was accepted and the recommendation of the committee was its labors and be increased to seven members.
 The resolution of January 10th in- structed the Sunday closing committee to visit the stores then keeping open on Sundays and request them to obey the law. This being refused. the committee was to proceed to enforce
  ic club.
 The legal aspect of the case appears to be as follows: The statute of 1875 prohibited travel and recreation" This was mod fled by the statute of 1888 which omitted the word travel thus permitting travel on Sunday, or at least not prohibiting it. The sta- ute for 1897 struck out the word recreation thus permitting it. It was freely said in Westport yesterday that MT. Post allowed his paper mills to run as late as o'clock on Sunday morning. And it is also asserted that MT. Conley of the starch plant. keeps his drying room running all day on Sunday. Both of these processes are continuous acts of manufacture and cannot we'll be abandoned. It re- mains for the courts to say whether they are works of necessity. The only case brought before the Superior court touching upon this matter of Sunday closing. and reported in the Connec- ticut Reports. is that of the State vs. Charles A. Miller. 6s Conn.,, p. 373, for keeping open on Sunday in Orange, a billiard and pool room, in violation of paragraph 3,097, General Statutes. The defendant demurred on the ground that the complaint and the matters therein alleged are insufficient in law. The court overruled the de- murrer. Justice Hamersley, all the other Justices concurring, including Gov. Baldwin, said: "The prohibition on Sunday of any sport or recreation wh oh interferes with the preservat ton enjoyment of appropriate quiet and religious observance of the day, is clearly within the power of the Legis- lature, if, however, the language used must be construed to control private action of individuals in a matter of personal conscience, serious questions would arise. But whatever may be the scope of this section, the engaging in any sport on Sunday is not an of fense under paragraph 3,097. That section is directed against the pro- prietor of @ business who receives the public as customers in the place where he carries on a business of such a na- ture that it's open transaction on Sun day is peculiarly liable to disturb the quiet and good order to which all cit izens are by law entitled on that day; and to accomplish this object it pun ishes the keeping open of such places of bus ness more severely than the mere transaction of any secular bus the % keeping R-oen' open on Sunday "na'nea of a place of business for this purpose, or some other purpose that may be cov- cred by the broad language of the statute, is of such peculiar danger to the quiet of the day as to justify it's selection for this exceptional and se- were penalty, is legislative and not a jud eial question"
 Prosecuting Attorney Sherwood of Westport, said this morning that no complaint had ever been made to him about violations of the Sunday law, and consequently he has taken no ac- tion, and he does not expect to do so. He does not belong to the Civic club, has no interest in it. He does n know what the Club proposes to do tomorrow. It is possible it will call in outside help to secure evidence and attempt to procure convictions.