Evening star., 1937-07-25
Cause of Legislation on
Sunday Labor.
BY FREDERIC J. HASKIN.

colonies. Connecticut-or more properly
the New Haven Colony-seems to have
gone furthest in this respect There
were no less than As statutes of the blue
law type.
Originally, the laws against Sunday
labor were based on religion. The Puri-
tans held 1t to be against public policy
to employ Sunday for mundane labor.
Even the preparation of food was. in
some places, forbidden There were
many punishmentS, some of them quite
severe, for transgressions against the
Sunday labor laws.
The United States and other countries
today have Sunday labor laws, but their
basis is different. 1t IS economic and
humane rather than religious. The
theory Of these modern laws is that all
workers should be protected in their
right to one day Of rest week. While
there are some remarkable survivals IN
older States Of Sunday blue laws, in gen.
eral the idea of Sunday suspension IS not
strictly adhered to, the law beng met II
workers are given one day off a week
which may be any day. 1t has come to
be recognized that certain services must
be performed on Sunday.
The first legal condemnation of Sun
day blue laws came as early as 1853
when, in a case known as EX Parte
Newman, California court held that
Sunday labor could not be forbidden out
right. Since then, there have been
large number Of court decisions lnval-
dating old laws against work on Sundav
and, in practically all of these decisions,
the religious side Of the question IS
ignored This cannot well be taken as
an indication that the country has grown
progressively irreligious; rather as III IN
dication that enlightened courts have
thought 1t better religion to serve the
public welfare by maintaining services
without interruption.
An examination of court decisions
shows the shift in opinion as TO Sunday
labor, a shift from religious to social
grounds. In the case of Soon Hing
Chinese laundryman. the issue arose, and
the court decided that one day week on
which workers are to refrain from labor
should be observed. but it was stated that
the decision came not from any right of
the Government 10 legislate for the
promotion of religious observanCes but
from its right to protect all persons from
the physical and moral debaSement
which comes from uninterrupted labor"
That such a decision would have horri-
fed the good Puritans OF New Haven
cannot be doubted, and that such
decision could be made reveals the liber-
alization of sentiment on the subject of
such work.
Kansas has been noted for having en-
acted a number of strict blue laws, espe-
cially relating to Sunday observance A
notable decision was handed down by the
Supreme Court of that State relating to
the publication and distribution of news
papers on Sunday. The Kansas Sunday
law exempted works Of charity and neceS-
sity from its labor prohibitions and the
issue turned on whether a newspaper
was a necessity. The decision contains,
incidentally an interesting and succinct
definition of what a Sunday newspaper
is. The court said:
From the small boy whose first
thought on arising Sunday morning is
the comic section to the son grown older
who turns eagerly to the sport page. the
young daughter who peruses the society
columns. the father and mother who turn
their attention TO the more serious pages,
the Sunday paper is looked upon and has
grown to be a necessity and so this court
holds"
All the States have laws of some sort
barring labor on Sundays, but most of
them have so many exceptions, specific
ally listed. that the prohibition is often
nearly empty. A few States do not
specify exempted activities but merely
use the broad exemption of works of
charity and necessity. Much litigation
has resulted to arrive at decisions, as in
the Kansas newspaper case, of what
constitutes such works.
Georgia prohibits the operation Of mo-
ton picture theaters on Sunday. A
theater operator was hailed into court for
violation of the statute, but pleaded that
the performance given was a special one
and all the net proceeds were devoted
to charity Nevertheless the court found
against him. conviCting him OF mis-
demeanor. 1t is matter of conjecture
as to what the decision would have been
If the gross proceeds had been turned
over to charity. but. as the case stood,
some one was paid for the work Of oper-
ating the theater and that constituted a
violation of the law.
In general domestic work such as cook
ing and usual house service is auto
matlCaNy regarded as work Of necessity,
but a number of States feel it necessary
to name such labor specifically.
Operation of means of transportation
and communication is generally excepted
from the Sunday labor laws, but not COM
pletely. For example. the State OF
Georgia has law which permits opera
ton of certain railroad trains, but forbids
the operation of others. So has New
Jersey. The barber has been the sub
ject of much Sunday labor legislation.
In some States barbering is expressly
forbidden; in others it is expressly per
mitted The Michigan law singles out
the barber for its only specific mention.
The usual works Of charity and neces-
sity blanket is employed to cover the
whole case, but special clause says that
the dead may be shaved on the Lords
day
Sale Of drugs and the work of physi-
clans are permitted all over the country.
but number of the States permit drug
stores to sell only drugs and medicine,
sick room appliances. and the like. They
may not carry on the department store
activities in which so many modern drug
stores usually engage.
Connecticut. originally most famous
for it's strict Sunday blue laws. has en-
acted complete reversal and is now one
of the more liberal States. It not only
permits trains to run, but also the load
ing and unloading Of freight. The sale
of milk, bakery products. fruit, ice. ice