The Washington herald., 1913-08-31
Explanation Offered of Re-
fusals Of the Massachusetts,
Legislature to LegaIize Pro-
fessional Baseball on Sum-
day.

Repeated refusals on the part of the
Massachusetts, Legislature to Iegalize the
playing Of professional baseball on Sun
day are considered by many at the State
house as in line with a policy adhered
TO since the days of the cid Plymouth and
Massachusetts Bay colonies, that OF stu
dious and deliberate consideration when
dealing with petitions for so-caIled lib
erar' Sabbath Day legislation, says the
Christian Science Monitor. While the
promoters OF the Sunday baseball meas
ures have met a temporary check in the
old Bay State, It is understood their ef-
forts will be renewed with the convening
of the Legislature of 1914 in January.
With each renewal OF the attempt 70
legalize ball playing on Sunday, the his
tory Of Sabbath day legislation comes in
for consideration and proponents OF more
liberal laws usually do not fail to point
out the changed viewpoint on the OBJ
servance of the Sabbath. Constantine, the
Roman Emperor, is generally credlted
with having established the first Sunday
law about 32l \. D. Far from being an
act based on the Christian doctrine OF
the time, the edict proclaiming the law
is said to have been pagan in character,
commanding, as it did. "all judges and
all city people and all tradesmen to rest
upon the venerable day of the sun" The
purpose Of the edict was to secure day
of leisure or sUrcease Of daily employ
ment.
Based ON the Bible.
Just as there was no reference to the
divine as generally accepted by Chris
tians in the Roman Emperor's proclama-
ton, so subsequent legislation in conu-
mental Europe seldom bore reference TO
"a divine warrant for observing the Day
But in England and the American colo
nies legislation requiring the observance
of Sunday was based on the Bible and
what was regarded as the law OF God;
so, there was frequent reference to So
called divine requirements in the enact
ment of Sabbath day laws in these
places. In England this was not felt
particularly until after the reformation
period.
One of the effects of basing Sunday
legislation on the Bible in this way mas
been a gradual growth Of belief that this
was the only day of the week when IL
was necessary to worship. The desig-
nation OF one day out OF seven for reli-
gious observance, while it has brought
Unreasonable benefits TO humanity, has
at the same time, the historians say,
unconsciously bred a tendency TO regard
the day legislated for as time sufficient
for consideration of religious matters.
At the beginning of the Revolutionary
War the Sabbath law of the American
colonies was in general that which had
b., eli in force in England since 1876
legally known as the "twenty-ninth
Charles II, chap vii" Under its pro-
visionI all persons, irrespective Of rank,
were required every Lord Day TO
''appIy themselves to the observation of
the same by exercising themselves
thereon in the duties of piety and true
religion, publicly and privately"
Forms of Work Forbidden.
Then followed a number of prohibi-
tions with penalties for their infringe
luents All forms of trade and labor
were forbidden, although allowance was
made for works OF necessity and charity
It was also permissible to peddle milk
until a m. and after ( p. m. A pen
altv Of 5 shillings was fixed for failure
To- comply with this phase OF the law.
4 separate prohibition applied 10
those displaying or crying for sale any
goods" In the event of conviction in
such 4 case the defendant was liable to
forfeit the goods in question. There was
an exception made in the case of milk
pedlers.
In line with the general restraint Of
the times on Sunday physical activity
was a provision that "drovers horse
culrsers wagoners. butchers, higglers
and their employees should not travel
on the Sabbath Day. This was aimed
to prevent travel so far as possible the
movement Of cattle and the transference
of goods Violation of this provision
was considered an offense serious enough
10 warrant a penalty of 20 shillings.
To further check the movement of per
sons and things on Suncay, as we'll as TO
give to the nautical eleIrent in the com
munity, perhaps. an opportunity for
plenty of Sunday reflection, it was pro-
vided that no person should use any
boat, wherry. fgnICr. or barge except ol
extraordinary occasions" Five shillings
was the price II be Ta.d by the ons wEo
violated this provision.
No writs Could Be Served.
The makers CT the law did not iorget
TO set a prohibition IN those of their own
profession for it was provided that no
,r;ts warrants, CldeIs, &C, should BE-
served or executed on the Lords Day
except in cases of treason, felony "a
breach of the peace" They concluded
not TO fix a penalty, however, merely
providing that in the event of sCch ac-
ton the document iSsued be considered
void.
Soon after the Revolution some of the
States began 70 see that pait OF the
first prohibition, that IelatlnS TO WCJk
and Ia Dor on the Sabbath Day. was caus-
ing injustice. The a ouble was said to
come from the phrase ''of their ordinary
calHngs' in the provision that mo trades
man, artifcer, workman, laborer. or
other person whatsoever. shall do CT eX-
ercise any worldly tabor. business or
work Of their ordinary callings uDon the
Lords Day or any part thereof" The
courts in many cases were constituting
the law to mean that person was pro-
hibited from performing only work in
connection with his daily occupation or
calling. Thus, II two nejshs Ors wera ap-
pretended performing a certain piece Of
labor on the sabbath Day one Of the two
might be h .ld and fiIIeG because the
work happened 10 be of his ordinary cdll-
ing, while hi. rtighbCr who had Il dIf
ferent vocation went free. AS soon as
the public became aroused to this in
equitable feature of the law the objec-
tionable phrase was removed and the
prohibition made to apply to labor.
PurifaDicaI Beliefs.
A study of Sabbath legislation as It
has affected Massachusetts, particularly
shows numerous acts in the colonial days
that afford some idea Of the puritanical
beliefs Of the time which have affected
Sunday legislation more or less ever
since. Following the English common |
law, as the other colonies did for some |
wears the Plymouth and Massachusetts !