Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1916-06-20
NORFOLK |NTERPRETs
CUSTER LAW LITERALLY
Police OF Tidewater City Governed
by Opinion From COMMON
wealtl's Attorney.
MANY STORES REMAIN OPEN
Sale Of Numerous Articles and Vari-
Gus Forms OF Labor Are Held to
BE Necessities on Sabbatb-Spe-
cific Case.

In view OF the doubt EXPIRE sscd yes
terday By Police Justice Crutchficld as
10 certain of the Sunday-luw Casos
brought before him. which lie continued
Tor further consideration. tho opinion
from ommonwealth's Attorney shack
ictord. of Norfolk. constituting the sun
day laws OF Virginia for the informa-
ton OF the police of that city will be
Of Interest Neither the Police Board
nor the Mayor called on the legal
''"Nisors of this city for any construc-
ton of the law in advance of insti-
tutinR the blue Sunday regime. pre-
ierring to arrest in all cases If sun
DAY labor. however necessary. lcav-
'ns the courts TO construc tho law.
In Wow OF the opinion of Common
"calth's Attorney Shucklcford Chief
Of Poi;:. Eeyser, of Norfolk. issued
40 change. in the customary enforce
m"nt Of the laws prohibiting work on
sunday except that confectionery gtotcs
must not remain open The sal" Of
"rUrS. soda water. cigars. magazines
ana so forth may con,inu" "a in the
SAYS CUSTER LAW
DOES NOI AFFECT SABBATH
Coinmonwealth's Attorney Shncklc-
iord gives a lengthy treatise On tho
"chhIton or the words work of ueCes-
NY ana on the construction placed
On tnom by the courts OF the county
or tho custer law he SAYS
Inc so-callcG custer law has no
fearing on the Interpretation which
mould bc given the Sabbath Law, and
snail! not affect my opinion in con-
strung tho legal intcndmcnt and an
phcator OF tho latter law
You viii permit me TO observe at
ms point that ! am Impressed with
ttc suggestion that strict interpr.t,-
Non OF the Sabbath law would result
"nLy IN bringing in iisfavor the strict
ana uncoinprornising enforcement, o.,
ne several important cnaCtrncn,s or
nc ihst General Assembly looking to
INC reform Of previous existing ,,vs o,,
IN: subject Of liquor. gambling and
o'hcr matters OF great Importance TO
the state There Is Il marked differ
choe pe'"een the strict Interpretation
= Id" admitting serious doubts and
"iHcuitics OF construction on tho on.
Hand. such as the Sabbath law o,,o,nd
ana the strict and uncompromisin,, an
iorcement Of laws drawn in sncciac
tsrhs' admitting TO no vague phrase.
ns'.E snch a. The other classes OF law
10 winch reference has been MADE"
coming TO specific cases the oninton
says: ''' '''"'oh
III the case Of IN" Commonwealth
vs. - y Greene. proprietor OF III. L..
farH Pharmacy. decided in III. Corno.
faton Court Of this city in April. 1914
inc defendant was charged with yio.
'h,'ns Inc statute. In that he sold soft
utihks. cigars and tohaccos on SUNDAY
ne vas acquitted. the jury holding
'hat the work in question was : .vo~L
OF necessity within the contamination
OF the statute. In this cage, tho fol-
lowing instruction was given tho iurv
by the court
er-l
ne court !nsiructs the jury that a
person engaged In tho work OF necce
ivy cannot be punished for following
MS business or calling on q SUNDAY
ana mat work OF necessity means
woTE that Is Indispensable TO be done
on a sunday In order TO SECURE IN. al,
'airment OF whatever is more il,,ror
'hnt IN community than its DAVIS OF
resi- IL does not mean only an ahso-
luie or physical necessity: III. law 70.
CARDS that AS necessary which rho
common-sensc OF the country I'm It's
ordinary modes Of doing business re.
CARDS as necessary. and unlcss tho
jury are satisfied beyond all reasonable
DOUBT that the defendant was not en-
gaEed In work Of necessity. then
'nty must hnd the defendant not
guilty
SOFT DRINKS HELD
TO he NECESSITIES
1t Is the province OF the courts to
construc the laws. and basing The
same upon the principles and construc-
lions above set forth. especially the
decision in the Lee Park Pharmacy
case. my opinion as To whether the va
rious classes OF business enumerated
in the letter of the chief of police are
in violation of the statute in question
is a. follows:
las TO the sale Of confectioner!es.
| do not see how such could be con-
sidered work OF necessity. and
therefore think the sale OF the same
on the Sabbath would be in violation
OF the statute.
and tobaccos are not in violation OF
the statute. The question of the sale
OF such by drug stores was settled
by the decision in the Lee Park Phar-
macy case; and the same principle
would apply 10 such sales by stores
other than drug stores. fail TO APP
preciate the distinction between the
sale OF drug stores and their sale by
stores other than drug stores Such
distinction to my mind would be a
preference In favor of the druggist
The climatic conditions of this local
ity, and the fact that there are fire.
quent excursions here, and no conve-
nient water founts. clearly illustrates
the necessity for the sale of drinks
THAT the opening of bootblack par
Tors is within the principle of the Lee
Park Pharmacy case. and accordingly
not in violation of the statute
That the operation Of automobiles
for hire by public chauffeurs is con-
trolled by the sape rule pertaining to
the operation Of street cars and is
accordingly not In violation of the
statute.
WORK OF STEvEDORES
DECLARED NECESSARY
LAS to worknen engaged in loading
and unloading ships at the various
piers. I have sought and obtained in
formation on the subject, which leads
me to the conclusion that this labor
is necessary and important. in order
to obviatc serious congestion and de-
lays in schedules of foreign rs we'll as
domestic ships. and is accordingly not
in violation Of the statute
That choir-singers. organists and
ministers as WELL performing their
work for pay. are for the reasons given
above, not violating the statute. The
prohibition Of this class of labor under
a strict Interpretation of the statute,
clearly illustrates that the statute