Missouri Valley times. [volume] (Missouri Valley, Iowa) 1874-1931, 1917-05-24
Opinion Of the County Attorney Of
Harrison County as e What Con
stitutes q Breach of the Sabbath.

4 ANuiFleS Wltn reference to what !!
known as the Sunday law and tn,
! enforcement Of the same, an
taking this method of informing
the public of Harrison County o.
B my construction of the statute.
The attorney general, H. NJ
Havner, has issued instructions
with reference to the law, and in
sists on strict enforcement of the
same, but makes no construction
of the statute except as follows:
q Quoting from his letter.
II shall not attempt at this
time to enumerate things that arc
( forbidden by this statute, but the
supreme court of this state has
within the last three years made
+ three pronouncements upon this
statute, one in the case of State
vs.. Warne AZ NV 2O5, in which
they held it unlawful to operate a
motion picture show on Sunday
as being other than that of neces-
sity or charitys the other in the
case of State VS.. Linsig t59 NV
995 in which they held it unlaw-
I full to operate barber shop on
sunday as being labor other than
that Of necessity or charity
This being the only Sexplana-
tion Of the law given by the att
torney general, and the, order
having been made to enforce such
law, it follows that such enforce
ment must be in accordance with
my own construction of the stat
ute. =
This law was passed January
40, 1855, and took effect July 1,
1855, and as it stands today reads
as follows:
Section 5O4O Code of 1897
Breach of Sabbath:
If any person be found on the
first daysof the week, commonly
called Sunday, engaged in carly
ing firearms, dancing, hunting,
shooting, horse racing, or in any
manner disturbing a worshiping
assembly or private family, or in
buying. or selling property of any
kind, or in any labor except that
>of necessity or charity, he shall
be fined not more than five nor
less than one dollar, and be i'm
prisoned in the county Jail until
the fine with costs of prosecu-
ton, shall be paid; but nothing
herein contained shall be con-
strued to extend to those who
conscientiously observe the sew
enth day of the week as the Sab
bath, or to prevent persons trav-
cling of families emigrating from
pursuing their journey, or the
keepers of toll bridges, toll gates
and ferrymen, from attending the
same.
First: 1t is apparent that GER
tain named acts are violations OF
law, towit:: Carrying firearms,
dancing, hunting, shooting and
horse racing, and persons violat-
ing the law in this respect will be
prosecuted.
It is my construction that 9TH
er recreations may be indulged in
SO long as the same does not dis
turb worshiping assembly or
private family.
Second: No person can in any
manner disturb a worshiping as
sembly or private family. There
fore should your recreation be
such as to disturb any such as
sembly or family twill be
deemed a violation of law, and
any person violating the law in
this respect will be prosecuted.
Under this construction such
recreations as golf, tennis, fish
Z ing, boat riding, walking, auto
mobile riding for pleasure and
travel, buggy riding and horse
back riding, and base ball when
the players play without compen-
sation and for recreation only
will not be considered violations
of law and no prosecutions will
be had of persons doing such acts
unless the same as stated disturb
a Worshiping assembly or pri-
vate family.
Third: While automobiles
were not known at the time this
law was passed, still under
the statute provision is
made for travel, and to make
travel possible, it was provided
that the keepers Of toll gates, tol
bridges and ferrymen could de
the necessary labor to care fol
each and the same could be op-
Grated. Under the conditions al
existed at the time this law was
enacted, the above provision wa.
all that need be done to facilitate
I travel and make the same pos.
.sible, it was provided that th'
Keepers of toll gates, toll bridgel
and ferrymen could do the neces.
sary labor TO care for each am
the same could be operated. I'm.