New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-10-01
RELIGIOUS LIBERTY.

A reader Of The Tribune asks us 70
explain the reference to religious free
dom IN this extract from a speech OF
Mr.. Abraham Gruber at the Republican
State Convention:
VIII Oscar Straus say that the right
to religious freedom shall be voted on
bv petition and without consutu-
tional convention first convened? II
ne Will. then God help him and his and
my people, II he will not. he has no
place in the Bull Moose party,
The meaning is clear and the point
IS well taken. The Progressive plat
form. advocating the recall Of judicial
decisions. declares that when an act
exercising the police power Of the state
Is declared unconstitutional by the
courts the people should by popular
vote have the right to review that de
cision and say IT, Notwithstanding, the
act shall be considered constitutional
and enforced accordingly Mr.. Cru
hers question dealt with the applica-
ton Of that method to the enforcement
OF acts which might interfere with the
religious freedom Of hts people, the
Jews.
The New York Penal Code forbids all
labor on Sunday, excepting works OF
necessity and charity But 1t also pro
vides:
II Is q sufficient defence to a prose-
c1Itfon for work or labor on the first
day OF the week that the defendant
uniformly Keeps another day or the
week as holy time, and does not labor
on that day, and that the labor COM
planned Of was done n such manner
as not 10 interrupt or disturb other
persons IN observing the first day OF
the week as holy time.
1t Is we'll known that thousands Of
Jews quietly pursue their secular occu-
nations on Sunday 1t might easily hap
pen that business rivals would Wish to
sion that work and In the name Of so
cial reform or Sunday observance pro-
ceed to legislate that exception out OF
the law, lust az q few years ago some
tobacco manufacturers sought to drive
ont Of business small Independent cigar
makers who did not work In factories,
hut carried on their industries in little
shops attached 10 their own homes
an attempt frustrated by the Court OF
Appeals In a decision the character
and effect OF which have been indus
triously misrepresented by Mr.. Roose-
welt In his campaign against the courts
The courts would probably hold such
an act practically limiting Jews to five
DAYS work q week invalid. But under
the Progressive system Of recall, ift
there we're q strong enough prejudice
against the Jews, or the economic com
petition OF their Tabor were severe
enough on large body Of workers less
frugal and energetic than themselves.
or a movement for uniform Sunday OBJ
servance and restraint on the "unsocial
conduct" Of persons who by working
on Sunday in place Of Saturday cut
under those who were idle both Satur-
day and Sunday assumed enough OF the
aspect Of a crusade for social justice
such a decision might be overridden by
popular vote. Even q majority OF the
whole electorate would not lie required
for this An aggressive minority might
easily overcome large majority Indif-
ferent 10 or ignorant OF the significance
Of the issue, for only a majority OF
those taking the trouble TO vote would
be necessary 10 effect the recall.
1t may be said that our people are
too tolerant 10 invade religious free
dom or other guarantees Of the Bill OF
Rights. But the answer is that they
have tried TO invade them time and
time agair-gencrally IN ignorance Of
the full effect Of their acts, hut not less
really for that Nor Is religious and
race prejudice dead. II Is much alive, |
and always liable 10 break out under
the stress of economic pressure, 's'i
that Is just exactly the pre- sure which