Missouri Valley times. [volume] (Missouri Valley, Iowa) 1874-1931, 1917-05-24

1
acts legal as might be necessary
to carry on travel and to enable
persons to move from place tG
place.
Constituting this as deem II
should' be construed to meet
present conditions of travel, a
RAILROAD, street railroad, inter-
urban or other common carrier
may do, such acts as facilitate
travel, and in this connection an
automobile livery may run for
lhire as a common carrier of pas
lsengers.
A garage may within the mean
ing and intent of the law stay
open and make such running re-
pairs as are necessary TO carry
on travel and may sell gasoline
and Oil for that purpose.
There will he no prosecutions
of garage men for these acts in
this county, unless such acts are
construed by the courts Of the
state to be unlawful.
Fourth: All labor is prohibit
ed except work Of necessity or
charity.
Judge Weaver, in his opinion,
constituting this part of the stat
ute, uses the following language:
The exception provided by the
Istatute for works of necess sity and
charity is made in somewhat gem
eral terms without specifying
what works are of that character.
1t could not be otherwise, for de-
mands of necessity and charity
are ever varying, and the same
act which may be work of nee
essity or charity on one occasion
may not properly be so called on
another occasion; its character in
that respect depends upon the
peculiar circumstances Of each
case"
/. )
Viewing this part Of the statute
in the light Of the decision it is
my construction that the follow
ing labor is one of necessity un-
der the present existing condi-
tions:
The operation Of telephone
exchange, and the use Of the tele-
phone on the Sabbath. va
The operation of an autonle-
bile for hire as a common car
|rier.
The operation Of a passenger
train or street car.
The loading of stock for ship
ment at stock yards.
The labor connected with the
sale of railroad tickets.
The labor of garage men in
making running repairs and in
the sale of gasoline and Oil.
The labor connected with the
sale and delivery of bread, milk
and other necessities.
The labor connected with the
sale of meat and ice, and the de-
livery Of the same.
The labor connected with the
sale and delivery of Sunday pa
pers.
The labor in operating a pub
lie bath room.
The labor in preparing and
Serving meals and refreshments
The labor necessary to mail
letters and receive the same from
the post office, and the delivery
|of mail to and from such office,
and the distribution of the same
In this connection tits my con-
lstruction that ball player play
ing for hire or compensation of
Iany kind becomes a laborer with
in the meaning of the statute and
Isll hired players OF those playing
for compensation will be prose-
Icuted.
The work of the ministers OF
the gospel, who work for salary
or compensation, and the labor OF
1.-THE paid organist or choir in the
lchurches, is permissible under
my construction, as within the
provision of work of a charitable
mature.
Fifth: While the statute pro-
lvides that it is unlawful to buy
and sell property on Sunday, in
view of the changed conditions in
1.-THE 62 years since the act became
effective, it is my opintion that
the intention of the legislature as
lgathered from the act would be
that there is nothing to prohibit
the sale or purchase of neces-
sities, and within my construc-
ton, l deem it permissible to sell
Tor purchase milk, meat, ice and
bread and sell such goods as are
usually prepared or sold by q
bakery, the articles usually dis
Ipensed in drug stores, such as
lcigars, refreshments, drugs, pro-
!prietary medicine and sundries
also the sale and purchase o1
newspapers and stamps or ienNel-
lopes, also the sale and purchase