The Washington times., 1912-09-02
ANCIENT MARYLAND
BLUE LAWS MAY
SOON Be REPEALED
Arrest of Trio on Sunday
Labor Charge May Bring
IA Judicial Action.

As u reBult OF the arrest OF CeHe1
Husband. ORGY Weaver Smith, ant
Viola Collins at Glen Echo on charges
of working on Sunday the famou!
blue laws of Maryland. which hav,
been on the statute books for nearly
200 years and have been more or lesi
rigidly adhered to since that time
may be repealed by judicial actor
before the next Legislature of the
State is convened.
II q judicial repeal is effected Il
will be based upon the opinion in q
case arising in the District Of Co.
lumbia nearly five years ago.
The three persons arrested will have
q hearing at Rockville tomorrow
morning. Judge Boyd will be asks &c
by John Garrett, attorney for the ar
rested employees, for writs of certior-
ari, If these are issued or are not
the cases will be taken before Fed
eral Judge Rose, at Baltimore, on
the ground that the statute is un-
constitutional. in that 1t does not
provide for a jury trial. A decision
from the Federal court is expected
during the winter.
Law Passed In I7a3.
The act under which the three per.
sons were arrested is an ancient law
1t was. passed In 1923, and provides
that no persons whatsoever shall
work or do any bodily labor on the
Lords Day, commonly called Sunday,
and that no person having children
servants, or slaves shall command OF
Willingly or willingly suffer any OF
them to do any manner of work OF
a hnr T,nrd'c nav (uynrls ~
necessity and charity always except
eO nor shall suffer any children, SER
wants, or slaves to profane the Lords
Day by gaming, fishing, fowling. hunt
ing, or unlawful pastimes or recrea-
ton; and that every person transgress-
ing this act and being thereof convict
by the oath of one sufficient witness
or confession of the party before the
police court "a, single magistrate) shall
levied and applied as aforesaid"
This quaint old statute was a part
Of a general act designed Ito punish
blasphemers, swearers, drunkards, and
Sabbath breakers"
When the Federal Government took
over the District Of Columbia 1t took
with 1t the laws of Maryland. AS q
the District laws, although forgotten
for the most part in practice.
In January, 1908, Charles Robinson was
arrested under this act of working on
Sunday. The Police Court did not hold
him guilty Of violation Of law and the
District attorneys carried the case tc
the Court of Appeals. On January 81
1908, Judge Van Orsdel delivered an opin-
ion affirming the action of the lower
court.
Religious Rather Than Civil.
''While it Is within the constitutional
power of the legislature to impose such
the public the civil duty Of observing
one day in seven as a day Of rest" said
Judge Van Orsdel. at is beyond its
power to impose Of observance of Sun
day as a purely religious duty.
1.-THE act Of the assembly as Maryland
OF 1923 was intended to enforce the OBJ
servance Of the Sabbath as a religious
obligation. and is not only obsolete In
this district and not legally enforceable
under our constitutional form of govern
ment, but so much of 1t as prohibits
labor on that day Is implicitly repealed
by various acts Of Congress applying to
this District and prohibiting particular
kinds of labor on Sunday"
In discussing the case, Judge Van
Qrsdel admitted that 1t was well within
the rights of legislatures to prohibit
labor. on Sunday, but considering the
blue laws as whole, he was forced to
the conclusion that they were designed
to prohibit a desecration Of the Sabbath
rather than to impose day of rest. The
statute was religious rather than civil
In his opinion, and under a constitution
grantns complete religious freedom,
was. therefore. Invalid.
This view of the purpose of the old
plue laws Is not only based on historical
Iacts, Dut the penalty eXacted for bias
phemy seems to sustain It, Under these
oid laws the blasphemer was fined e2C
sterling for his first offense, was
branded on the forehead with the letter
b by a red-hot iron for the second
oHense, and was to be put to death
without benefit of clergy on convic-
0en for the third time
Come Before Legislature.
Judge Van Orsdels opinion, as a de-
livery from the Federal bench. will be
a precedent for future Federal interpre-
tations. Relying on this fact and the
further fact that the blue laws In point
do not provide for trial by jury, Mr.
Garrett is confident that the ancient
statutes will be completely knocked out
Mr.. Garrett was member of the last
Maryland legislature.
"a majority of the members were in
favor of repeating these acts, but there
were so many views on what should be
substituted for them that action was
finally deferred.
This subject agitated the Maryland
legislature much for a few weeks
The Glen Echo amusement managers
nave been particularly wroth at the
attempted enforcement of the blue laws
because, they assert, similar amusement
resorts near Baltimore have been rur
wide open.
There are very few counties in Mary.
land where anyone has had so little
good sense as to attempt to ent,rc.
these obsolete laws
As long as they stand unimpaired
on the Maryland statutes, however, they
VIII be menace to the Sunday laborer