The citizen. (Honesdale, Pa.) 1908-1914, 1913-07-29

ing, shooting, sport or diversion
whatsoever on the same day" Do
they constitute a prohibition of the
playing of the game of base ball on
Sunday? 1t is contended by the
learned counsel for the exceptant
that the word unlawful qualities
the words hunting, shooting, sport
or diversion" as we'll as game" "
and that only such game, hunting,
shooting, sport or diversion, as is
unlawful at any time is within the
meaning of the statute.
Such construction would render
the statute superfluous. Why pro-
hibit by this act the practice upon
Sunday of those things already pro-
hibited altogether by some other
statute? The word unlawful may
not be well chosen and applied in this
connection, but we cannot accept the
construction contended for, as it
would narrow the operation of the
law within what the legislature evil
IDENTIFY intended. 1t is the apparent
purpose of this act to preserve the
sanctity Of the Sabbath. It embod-
les the idea of Sabbath observance
that prevailed at the time of it's en-
actment. The Interpretation of the
spirit and purpose of the Act of 1894
is declared in Johnston VS.. The Com
monwealth, % Pa, 102, by Wood
ward ]. in the following explicit Ian
guage: Our fathers, who planted in
our fundamental law the assertion
of those immortal truths, that all
men have a natural and indefeasible
right to worship Almighty God ac-
cording to the dictates of their own
consciences, that no man can be COM
PEELED to attend, erect, or support any
place of public worship; and that no
human authority can in any case
whatever control or Interfere with
the rights of conscience; enacted,
also, the statutes of 1905, 1885 and
1894, for the suppression of worldly
employments on Sunday. So far
from conflicting with those inval-
liable rights of conscience, they re-
garded such statutes as indispensa-
Bile to secure them. 1t would be a
small boon to the people of Pennsyl-
vania to declare their indefeasible
right to worship God according to
the dictates of their consciences,
amid the din and confusion of secu-
lar employments, and with desecra-
tions on every hand of what they
believe to be hallow-
ed time. These statutes were not
designed to compel men to go to
church, or to worship God in any
manner inconsistent with personal
preferences; but to compel a cessa-
tlon or those employments which are
calculated to interfere with the rights
OF those who choose to assemble for
public worship. The day was set
apart for a purpose, and the penal
eXactments guard it, but they leave
every man free to use it for that pur-
pose or not. If he wishes to use it
for the purpose designed, the law
protects him from the annoyance of
others-if he does not, it restrains
him from annoying those who do so
use it.
Thus the law, without depressing
anybody, becomes auxiliary to the
rights of conscience. And there are
other rights, intimately associated
with the rights of conscience, which
are worth preserving. The right to
rear family with a becoming re-
gard to the institutions of Chistion-
lty, and without compelling them to
W tShSSo iOuliy Ol one OIL
its fundamental laws-the right to
enjoy the peace and good order of
society and the increased securities
of life and property which result
from a decent observance of Sunday
the right of the poor to rest from
labor, without diminution of wages,
Or loss of employment the right of
beasts of burden to repose one-sev-
enth of their time from their unre-
luited toil-these are real and sub
5tantial interests, which the Legisla- |
Lure sought to secure by this enact
nent; and when has legislation aim
ed at higher objects? If we doubt
ed the policy of the statute, it would |
nevertheless be our sworn duty to
administer it faithfully; but with
profound conviction of it's wisdom !
and value, we are resolutely opposed !
to a course of judicial construction,
that would cheaper it's demand and |
IMPAIR its power for good"
This view of the law is confirmed |
and emphasized by Chief Justice, in |
Commonwealth VS.. Nesbit, "a Penna.,
i03.
u II II
AS long as this law remains upon |
the statute book unchanged, it will |
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