The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1914-06-02

be found laboring at any trade or
calling, or employ his minor children,
apprentices, except In household or
other work of necessity or charity,
he shall be fined not less than five
dollars for each offense. And every
day such minor child, or servant, or
apprentice is so employed, shall con-
stitute distinct offense, and any per-
son found hunting, fishing or carry
ing firearms on the Sabbath day shall
be guilty Of misdemeanor and
fined not less than Ave dollars"
And section IL of the same chap
ter provides that no liability shall be
incurred for the transportation on
Sunday Of the mail, or OF passengers
and their baggage, or for running
any railroad train or steamboat, or
for carrying firearms. or shooting on
that day by any persons having the
right to do so under the laws OF the
United States or of this state, or by
any person who conscientiously be
lieves that the seventh day Of the
week ought to be observed as a sab
bath and actually refrains from sec
dlar labor on that day.
1t Will be observed that section l6
makes laboring at any trade or call
ing on the Sabbath day an offense,
except household or other work or
necessity and charity" subject. how
ever to the provisions contained in
said section II.
The exception household work"
means that it is lawful to do any
household work on the Sabbath day
that can lawfully be done on any
other day of the week.
! \ work of charity includes every
thing which proceeds from sense OF
moral duty, or feeling of kindness
and humanity, and is intended wholly
for the purpose of the relief or COM
fort of another, "and not for ones
own benefit or pleasure" Dyce v.
Lyn &c. R. Co. GMass- 10 Am. Rep.
431
The business of church and relig-
ious societies is universally held to
be work of charity as is also the
work OF charitable and benevolent
societies
Just what is a work of necessity"
within the meaning of the statute is
matter about which courts differ to
a great extent 1t is generally held
that the word necessity should be
construed literally and not too liter
ally.
The word necessity" as used in
the statute means more than physical
necessity, it is not an absolute, I'M
avoidable physical necessity that is
meant, but, rather a moral and eco
monte necessity. Generally speaking
1t must be an unforeseen necessity, or
II unforeseen, such as could not rea-
sonably have been provided against
by exercising reasonable diligence.
The courts are virtually unanimous
In holding that keeping hotel, eat
ing house, boarding house, restaurants,
hospitals, burying the dead, furnishing
drugs to the sick, furnishing heat,
light and water to consumers, keep
ing up the fires in blast furnaces, are
works Of necessity within the meaning
Of the statute. 1t has also been held
that furnishing fresh milk to con-
sumers on Sunday is necessity for
the reason that the milk could not be
produced fresh prior to that day. 1t |
has also been held almost universally !
that labor performed to save property
from destruction or actual danger
from fire or flood, and to avoid ire
parable injury, no matter whether it |
be upon the farm or in the city, is a |
work Of necessity.
The supreme court of appeals of |
this state has held in the case of State
VS.. McBee, 90 w. Va, PSI that "all
work under the statute is supposed to |
stand still on Sunday, or on the Sab
bath day, and It is only in case of
actual loss or injury by reason of such |
delays that 1t becomes necessity"
While all the courts appear to be |
unanimous in holding that under GER
tain circumstances the merchant or
shop keeper may open his store and
sell goods to one who, as matter of |
necessity, can not do without them, |
but the courts are virtually unanimous
IN holding that no man can open his
store or shop and sell his wares to
every person who may desire to make
purchases, regardless as to whether
the purchases are absolutely necessary
to the purchaser, or regardless as to
whether the purchaser could have
secured the same articles on a prev
ious day.
The mere fact that merchant or
shop keeper feels, in his own mind.
that his wares are convenient and de-
sirable to the public on Sunday. is no
reason why he should be permitted
to keep open while his competitors
selling the same, or a part of the
same wares are compelled to close.
To insist upon such an arrangement
would be to create an odious ana in
tolerable monopoly in favor of the law
breaker which should condemn the in
depreciation Of the law which leads
to it. U'
1t may be urged by some that habit
may create necessity. In the case Of
the State VS.. Muller. Qnd0 40 Am
Rep. 245 in which the court oyerruIed
former decision which upheld tho
sale of a cigar as necessity, held:
1T is hardly probable that the law
makers contemplated that the crayinp
of a morbid and unnatural annette
should be deemed to create such al
imperious necessity for appeasemant
as that the general requirements for
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