Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1921-03-02

rendered. There was some little op-
position from some of the Evangelical
clergymen. and equally liberal sup
port from those literally inclined.
DR.. Scott, the pastor of the Unitarian
over the late Governor Parkhurst a
few weeks ago, in the course of his
sermon on Sunday morning. told his
| congregation that he was going to at
tend the Sunday concert and advised
them to go, and they all took his adj
| vice. In fact, nearly all of the profess
sional and business men of the city,
and all of the first people of the city
were in attendance at that concert
| The consensus of opinion among the
people of real consequence in Bangor
was that a law ought not to exist on
the books which made a misdemeanor
of such a thing as that. It was
agreed between myself and Mr.
Thomas Kline who was the demo-
cratic candidate in the primaries that
whichever one was elected, bill for
a reasonable Sunday law would be
presented to the legislature, and that
! vas the reason for the presentation
of this bill
If the gentlemen of this House will
turn to House Doc. No. %, and look
at the bill, they will observe that
| there is nothing provided for or al
lowed in this BILL with the excep-
ton of one line but what is already
done in the bigger towns of our State
and but what all of us are doing ev-
cry Sunday. This bill is not intended
and in fact. it distinctly prohibits any
commercialism on Sunday, and yet it
tries to make legal the things that
the first people of our State are do
ing. With the exception of this one
line. as I have stated, and that l
thing can very well be justified on
this ground, that the golf links of
Maine are all open on Sunday with
two exceptions. They play golf in
Bangor, in Waterville. in Augusta. in
Skowhegan and in Portland, and in
all the golf links all over the State,
and if a boy in Bangor begins to
knock a ball. the officers chase him
half way out of thes county. The
boys resent this fact as rightly they
may. 1t is commonly remarked
among the boys that if you are rich
and accomplished no law reaches
you. The present situation in regard
to the law on our books is one which
has come down from Colonial days,
and which is entirely out of line with
our present notion of things, still
powerful now and still in force now
as far as some of these things are
violated by everybody
1t was commended by one of the
speakers in the hearing the other day
that this bill would make for law
lessness if it was passed. I contend,
Mr.. Speaker and gentlemen that
there is nothing that makes for law
lessness so much as the regular and
systematic breaking of the law The
thing for sensible legislators to do
is to pass law that can be enforced
and a law that public sentiment will
stand behind if it was enforced 1t
was also said by one of the distin-
guished speakers the other day in the
hearing that the supreme court will
take care of us. Very likely they are
doing the best they can; they are
rendering necessitous decisions, and
necessitous decisions are always ri
diculous from the standpoint of the
layman and from the standpoint OF
common sense. Lawyers can see the
need and the necessity for necessi-
tous decisions, but decision which
does violence to common sense is not
a decision which builds up respect
for law in the State of Maine, and
the thing above all others in this age
which we should encourage is the
principle of standing firmly by the
law.
l claim it is the business of the
Legislature, and not our business to
put it up to the Supreme court to twist
an ancient Statute into an impossible
meaning as they did in the Cleveland
case. The law says that you cannot
travel on Sunday for pleasure or bust
ness, and that meant just what it said
all down through the generations
which have preceded US; it meant the
same in all OF the early decisions. but
somebody had an idea that travelling
for pleasure was nothing but travelling
for pleasure, and that idea prevailed
all down through the sos, the 40s, the
sos and the COS. Now you come to
the Cleveland case The Cleveland
case says when we take out our cars
on Sunday morning that we think we
are doing it for fun, but as a matter
OF fact, we are not; it says that we are
doing this for our health, and health
is public necessity, and so, therefore.
ut comes under the head of a necessi-
ty and the respondent is discharged.
If this course of neceSsitous decisions
| is followed, there is no need of the
righteousness of what we will force
our supreme court to do, if we have
not the manhood in this Legislature to
do by virtue of our legislative quail
fcations what the supreme court is
doing by decision.
Surprising the distinguished gentle-
man from South Portland, Mr., Hinck-
ley. were arrested for playing golf.
You would have a line of decisions
like this: They would say, now the
accused thought he was playing a
game. and games are prohibited IN
Ger the Statute. but as matter of fart
he was not playing game: golf is not
a game; golf is a device whereby Won
chase homeopa thic pill over 90
acre lot Tor the purpose of seeing how
far the Gulf Stream of youth may be
detected into the Arctic regions. Golf
! is not game; golf is a matter of
public health. and consequently the re-
Spondent is DISCHARGED