Evening star., 1960-12-08
Court Takes
Close Look
Al Blue Laws
BY ROBERT E. CLARK
Star stan Writer

ing its first searching look since
the turn of the century today
at so-called blue laws which
restrict Sunday activity to some
degree in almost every State.
Except for an occasional light
moment-as over the religious
distinction between CLAIMS and
oysters-it was finding the
going rough.
The high court is reviewing
four cases which challenge
Sunday closing laws in three
States - Massachusetts,. Mary
land and Pennsylvania. Its
decision in these cases could
effect all Sunday laws. however.
and even give Sunday a new
legal status.
Problem of MinOritieS
The court faced an old di-
lemma yesterday in the first
of the four cases, involving a
kosher supermarket in SPRING
field, Mass. This question is
the degree to which First
Amendment guarantees Of re-
ligious freedom should protect
minority groups against the
inequities which result when the
Christian Sabbath is observed
as the national day Of rest.
When the Supreme Court last
faced this issue more than so
years ago it resolved it by ac-
cepting the argument that Sum-
day closing laws are basically
civil rather than religious in
nature. designed to provide a
respite in the work of the COM
munity.
The problem has grown more
complex in recent years as many
States have written a hodge
podge Of exceptions to Sunday
laws, leading to conflicting
lower court decisions on the
legal issues.
Exception Lightens Case
It was an exception to the
Massachusetts, statute, one Of
the bluest of all blue laws.
which raised the clam VS.. oyster
issue yesterday. CLANS may be
dug in Massachusetts-on the
theory that this is a form of
recreation indulged in by many
Bay Staters-but oysters may
not be dredged.
There certainly is no reli-
gious problem as between oysters
and CLANS" quipped Justice
Frankfurter from the bench.
Not as far as orthodox Jews
are concerned" replied Her
bert B. Ehrmann, attorney for
the Crown Kosher Super Mar
ket. as the justices joined in
the laughter. Orthodox Jews
eat no shell flsh.
Kosher meat may be sold
from 6 am. to 10 am. Sunday
in Massachusetts,. The store
was charged with violation Of
the statute by remaining open
all day and selling other items.
A three-judge Federal court
struck down the law as uncon-
stitutional, declaring the Mas
sachusetts blue laws were de-
signed from early Colonial
times to give special protection
to the dominant Christian
sects."
This decision, which threat
ems Sunday closing laws
throughout the country unless
reversed by the Supreme Court.
went on TO say:
1T is clear that by denying
plaintiffs the right to work,
shop or pursue other secular
conduct on Sunday, the law
puts an economic penalty upon
a person observing as his Sab
bath some other day than Sum
day, by depriving him of the
productive use of one further
day Of the week."
This argument was empha-
sized yesterday by Mr.. Ehr-
mann, who pointed out that
orthodox Jews must refrain
from business or work from
sundown Friday to sundown
Saturday. Thus a Jewish mer-
chant who observes Saturday
as the Sabbath must close
down for two days if he is also
barred by. law from Sunday
operations.
Joseph H. Elcock, assistant
attorney general of Massachu-
sets, argued that the States
blue laws no longer have q
religious basis, as they did in
earlier days. but are designed
to provide a legal holiday" in
the work week. The numerous
exceptions are logical, he said,
when they are viewed as a COM
panion to rest and relaxation.
The questioning from the
bench indicated considerable
puzzlement over what the Su-
preme Court can do to solve the
problem, short of striking down
all blue laws-an unlikely So
luton.
Anne Arundel Case
One of the cases to be argued
today is an appeal by eight
employees Of Two Guys from
Harrison" a highway store in
the Glen Burnie area of Anne
Arundel County. They were
convicted of the Sunday sale
OF items banned by Maryland's s
blue laws, including floor wax,
Q loose-leaf notebook and a
toy submarine.
The Maryland laws were
amended in 1941 to remove q
ban on Sunday operation of
bathing beaches, amusement
parks, and other entertainment
facilities. The eight appellants