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The herald and news. (Newberry S.C.) 1903-1937, April 07, 1922, Image 2

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takes exception
ft Correspondent Points Out Tliat General
Assembly Violates Letter
and Spirit of Laws of State
j i
To the Editor of The State:
For several reasons 1 have post-;
noned raising my voice in protest
against the action of our recent genera!
assembly in sitting upon the Sa >bath
day and thus violating a well
recognized law of this srau*. Among;
other reasons I had hoped that one
or more of the leading papers of the
~rate would champion the cause of ;
nr sonip one
LiX VV uucuicavv^ w* V..V,. (
better able than I would raise this
ssue. i
For many years past the legislature j
has in the closing days of its session j
continued its work into the early
morning hours of Sunday, so that i: j:
has almost become a habit. The last !
session, however, has broken the rec
ord and remained in unbroken session
from 10 o'clock Saturday morning un- j i
til 3 p. m. Sunday, and so remained
in session while the people of this j <
city were in their accustomed places ;
of worship. Such work seems to be ; <
in violation of both the laws of God '1
nnd the laws of this state as enacted {?
hy man. ?
All citizens are presumed to obey <
the law and it would seem that this , ;
duty rests more solemnly upon those : j
elected by the people as our law mak- j <
;? J i
f?rs. nan t^IllS uccasiuil UCCil an f- : V
t-'on it would possibly be unworthy of! 1
notice, but it now seems as if this has r;
become a custom. Lawlessness is the
'-rying evil of the day and if our \
\slative body sets an example what <.
r/ay we expect of the common peo- (
rv^e? i
t Viqvo that, in mv opinion. ;
this conduct of the legislature was in <
violation of both the laws of God and .
the laws of man. In a newspaper :
article, however, it will be necessary i
to deal very briefly with the law? ;
upon this subject. To cover :he en- }
tire ground would require a book.
To show that it is contrary to the
laws of God-, 1 need only refer to the jc
commandment: "Remember the Sab- ir
bath day to keep it holy; -ix daysj
shalt tkou labor and do all thy work:
the seventh day is tfce Sa'obsih of the i
Lord thy God; in it thou -halt not ?
do any work, thou nor thy son, nor <
thy daughter, thy manservant, nor thy i
maid-servant, nor thy cattle, n the i
stranger that is within thy gate?/' <
That law has never been repealed an J ;
is as binding upon the C'hristiar com- j;
munities as the day it was publisher. c
from Mount Sinai. i
I am quite aware that under our :
modern civilization many forms of mm
K/-> nrinn ' thp 1
J vl UUi IIIC4%v wt JJ/V i. A.V/1 i*?v V4
Sabbath day, but the well recognized c
rule is that they should be works of l
"necessity or of mercy;" and as Judge j
White, chief justice of the United j
i States, expressed it in one important ;
I case before the court, that we must !
m "apply the rule to reason.'' Governed ?
by this rule, I can not see any reason i
why the legislature should offend the t
people of the state in desecrating the c
Sabbath and that, too, for no good r
reason. The United Slates census j 1
shows that a larger proporiton per t
capita of the people of this state are ;
v-iomKore nf snmp rpliViou's denomina- (
t-ion than any other state in the union,'1
rrnd I do not believe that such action ; \
on the part of our legislaure will meet; <
the approval of the people. It is still t
?nore remarkable when we may as- i
sume that a very large proportion of !
our legislators were members of some ; (
one of the Christian churches of this
rtate. The surprise is that we have *
v i -r 1 ~ 4
nearn no voice 01 cuuumuiaoiu:i uum i
that source and we may, therefore,;4
with some propriety ask whether this ]
conduct meets with the approval of <
the churches of the state.
I have stated that this action of <
the legislature was not only contrary <
to the moral laws but equally contra- <
ry to the laws of our land. !<
The charters granted to each of the
colonies recognize the Christian reli- 1
gion as the established faith of the '<
English speaking people. The charter
granted by Charles II in 16G3 recites
that the petitioners 4ibe excited
by a laudable pious zeal for the propagation
of the Christ*.in faith, etc.,
etc.." Such fundamental principles
are embodied in the charters granted
all of the colonies. A fundamental <
principle in the constitution of this ,
province declares "no man shall be
permitted to Je a free man of Caroliav
4-r\ V>oto o n ncio to n> V*o Vkirof 1 An
iili U1 IV itu ? v. (iit vo\wwv vi iiut/uktwa'ii
within it that doth not acknowledge
a God and that God is public-ally and
solemnly worshiped."
Prior to the Revolution the Church
of England was the established church
cf this state and rigrid laws were passed
for the proper observance of the
Sabbath. Sunday or the Christian
Sabbath is held to be dies non juridici.
The day is the Christian Sabbath, a
day peculiar to that faith and known
to no other. We can here refer to
only a few of the ways wherein by
statute law or by common custom
from time immemorial where it is so
jvcojrni/.ed. Let us refer briefly t
of the e: By the I'nited S.atr
eon^titut'on the president .> require
to approve all bills passed by cor
gross. If he disapprove? or return
with his veto and then speelficail
it is provided that if not returned b;
hi in within ten days. "Sun-lay except
cd," after it shall have been present
ed to him, it cronies a kuv. Simila
provisions are found in the eonstitu
ticn of most of the states. In no les
than throe-fourths of the constitution
of the .slates we ;ir.d the same expres
sion. "Sunday excepted."
In both constitutions of this slat*
adopted since 1 <00 we find the fol
lowing provision, \iz.: "If a bill o
joint resolution thall not be returnee
by the governor within three day
after it shall have been presented t(
him, Sunday excepted, it shall hav<
the same force and effect as if he ha-.
-M'neri :r, unless the general assembly
by adjournment prevents its return
in which case it shall have such force
and erfect unless re turned within i\\\
lays after the next meeting:."
In the state of Louisiana where th<
i,vord> "Sunday excepted'' were omitted
from the constitution in 1881. the
L'ouvt unanimously held that "Sunday
Xi\? to be excluded," and in the
court's ooinion was said "undei
Ihe law Sunday? art* generally excluded
a>- a day upon which the performin^
nf anv act demanded bv the lav%
Is not required. They are held to be
lies non juridici. And in the Chri>,'ur.
world Sunday is regarded as the
'.oid's day, and a holiday?a day of
es.rat'on from labor.''
So that it will appear that even
.vhere the words "Sunday excepted''
!( r.--i apuear in the constitution, the
aurt will read them in, as a day
ir.cn which, in our Christian civili:ation,
work is not to be done. By
-X'Vress command of congress studies
ire not pursued at the military or
lava! academy, and distilleries are
prohibited from operation on Suniuyr,
while chaplains are required to
lold religious services once at leasi
)n that day.
In many of the states the running
>f freight trains on Sundays is prolibited.
By judicial decisions in many
later a contract made on Sunday i:
nvalid ar.d cannot be enforced. Bv
:he general course of decision no judicial
proceedings can be held on Suni-iv.
All legislative bodies whethei
municipal, str:e or national, a'jstair
crom work on that day. Indeed the
*nst volume of official action, legislate
or judicial, recognizes Sunday as
i day separate and apart from others
i day devoted not to the ordinary
pursuits of life. By our own statutes
10 civil or criminal process can be
erved on Sunday (civil code. Section
f "1 O \ ?.!? v-v> o i' vnf o lr A on 6C.
L 1 4 > ) ; lilt* ^iiCi ill may, inaar uii
aped prisoner on Sunday (code. Section
1174). Any commercial paper
naturing on Sunday or any legal holday
shall be deemed as maturing on
;he next day thereafter (code of
aws, Section 2534). We may con:inue
ad infinitum to show by illustra:ion
that Sunday is .a day recognized
)y the English speaking people as a
lay of rest and as a day upon which
w ordinary work is to be performed,
'n fact, I need not go any further
han the custom of our own general
issembly. It retires from busines?
?verv Sunday during the session, and
ivhy it should at the la^ moment conifc
wr.vV tm/in tVint dav i< in
comprehensible. It will not be out
df place to refer here to our own statute
law upon the subject. The English
statute of 2U Chrales II in reference
to the observance of the Sabbath
day was at a very early day reenacted
and made a statute law oi
this state. I quote from the statute
'Xo tradesman, artificer, workman,
laborer or other person whatsoever
=:hail do or exercise any worldly la
her, business, or other work of then
ordinary calling upon the Lord's day
commonly called the Sabbath day
r>r any part theieof, work of necessity
or charity only excepted." Section
60S. Criminal Code. Observe
here the phraseology is general?"01
other person whatsoever." The mem
:>ers of the legislative are elected b\
the people for a certain purpose tc
meet at the capitol and enact th<
la.ws of the state. The governor o
this state is eleced by the people a;
the executive officer to execute th<
; iws. The" legislators, governor, am
every employee of the State Hous<
are elected or appointed to perforn
worldly duties and vheir duties fal
clearly under the section above re
ferred to.
This law has frequently been inter
preted by our court. The questioj
under consideration, however, ha
never been brought before the court
but !>e it remembered that, as a rule
the work which engaged the atteniioi
of the legislature On that day wa
that of great importance, and shoub
ever be brought before the cour
and a judgment rendered adver<??:l;
may result in very serious conse
quences. It therefore should b
avoided and there is no reason why i
should not.
It seems tu be a governing senti
c ment that the laws above reft/ru'd t".
: 1' u ::iC work on the Sabbath, ar(1!
classed among; ?uch as are ea led
. "":iue laws" ami rheref.?r antiquated.
> I may stale by way of parenthesis
y that nor.e gi' those laws known as
v ."blue laws" have ever been in opera-.
-.I'm in this state. I#'*y are confined
- to c n.e of the New England states,
r where women have been burned at
- the stake as wiu-hes a?;d for a prenvil-P
nr-ivcv?. HaOPilV
s . for us. however, our cojrt has neve-;
- 'regarded the law for the observance j
of the Sabbath as obsolt te an;, even |
? in reient time? the law has been held
- to be in full force and eft'ert.
r To avoid extending: this eommuni-;
1 cation at too great length. I wiil qao'e|
? ' ut a few of our recent decisions, j
? In the case of the city of Charles- j
' ton vs. Benjamin, who wa; charged j
, . . . , .. .. - i
i win vtolat.ng: :n ordinance ;>f tnej
; city forbidding work on the Saboatn
day. his plea was that such an ordi- J
nance was in violation of the consti-!
> tution of the state insuring rtligious,
liberty. In that case Judge O'Xeall. |
?'delivering: the opinion of the court,i
- ?ays: "1 aiiree fully to what is beau-J
j tiful!y and appropriately said in Up-!
; legrap'h vs. the commonwealth (11 !
Sergt. & Maule 394). Christianity. |
gene ral Christianity, is, and always J
has been a part of the common iaw;j
net Christianity founded on an;, par-;
liicular religious tenets, not Christian-'
a? ...:a ? /- VimvV) ;i n fl 1
1 IIV wiiii cii: vctrtk/i.-i.v M v w * i
tithes and spiritual court?, init Chris- j
vianity with liberty of conscience to i
al! men.
' But I have said all which need be j
said on this interesting subject. It j
was not necessary for the decision of j
this case; it has only been said to j
prevent silence from being interpret-1
eel into a want of confidence in the!
proposition, that Christiaity may be?
; justly appealed to as a part of our,
'; common law."
But to meet the objection which
may be raised by some that these
laws are now obsolete, let us appeal
to our more recent decisions. I quote
i from the case of Cain vs. Daly, 74 S j
C., page 483. Chief Justice Jones I
delivering the opinion of the court, j
.-.ays: "Ii is not even claimed in this|
^ - a. ,4.^ ^ I
case mat uk* iimuir in ? I
'j -cid on constitutional grounds, but it
]? alleged to be obsolete, that is. repealed
by non-user. Courts should
hesitate long to declare an act on our
1 statute books obrolete from desue-j
tude. O'Handon v* Myers, 10 Rich.,
"The better view is that a statute
is in force until repealed fcv the prop- j
f-r authoritv. either expressly or by j
clear implication, as, for example, by J
the enactment of inconsistent legisia-j
1 tion. In >this case, however, there is J
no foundation whatever to claim that j
the statute is obsolete. The statute is j
;substantially in the words of the en-j
actment of 29 Charles II in 1678; was !
1 first enacted here in 1691, 2 Stat., 68; I
reenacted in 1712, 2 Stat.. .'>96, em-j
bodied in the Revised Statutes of j
1873 as Section 2, Chapter 74. nag'e j
' 190, appears as Section 1632 in the J
General Statutes of 1882, and as Sec-j
lion 38G of Revised Statutes of 1893, [
and finally a? Section 501 of the crim-j
inal code of 1902. This shows t'he
attitude of the lawmaking branch of!
: the government towards the statute,!
' and in the absence of inconsistent j
',legi?iation, conclusivelv rebuts any i
x I
suggestion of repeal by implication..
Indeed, it would be difficult to men-'
lion any law more generally approved I
v 1.1 _ j ^ '
and obeyed, or more appncaDis uj i
' these strenuous times, than the one i
' under consideration. The constitu- j
' ticnalitv f a Sunday law like this is i
so generally recognized that there is
: no need to cite authorities in support.
> of the proposition; but see City Coun-!
c-il vs. Benjamin, 2 Strob., 508, report j
' ed also in 40 Am. Dec., (JOS, and note
at page 616. Conceding a valid law,:
> the fact that its enforcement would j
materially injure plaintiff in his bus-i
i iness or property, affords no sort of
" reason for equitable interference."
?; Again in the case of the state vs..
".'James, found in 81 S. C., at page
200, Mr. Justice Woods delivering tne
opinion of the court, says: 4*It is im-;
> possible to slate, in the form of a le-j
- 2al proposition, the degree of need I
' or inconvenience which would amount
; to necessity. Lawton vs. Rivers, 2
McC. 44(5. Necessity is an elastic j
' term. It does not mean that, which
- is indispensable, but it means some-1
1 , thing more than that which is merejy j
1 needful, or desirable. No doubt a
- thing which is merely needful or de- j
: sira^le to the residents of a town i
- might be a necessity to the residents I
i of a great city. So, also, that which *
> was a luxury a century ago may have i
become now a necessity. There is i
. always, however, a tendency, which j
t ought not to be sanctioned, to claim
s accustomed luxuries as a necess'iy j
i falling within the exception of the i
t law. The obvious intention of the J
y statute is to set apart one day for)
- rest from ordinary labor, so as to
e u:ve onporturity to all for leisure and !
t the contemplation of the higher j
things of life. This purpose would;
- be defeated if the courts should hold f
i J
I ? imi ? i?>. m. n. ,-rw.i nw 'Ht mx iwmm
[every work a nece>:-:iy, the intei ; ap!
lion of v\iiw h wouid b:vak :nio tin?
Iordinary hab ts oi the community. >r
i prolinei a de^riv- o: pat)l:< tneonv
i ii'iK'c nr >!!? ;. & 11;f<<rt
I 1* !v:v.a:.is tral >! > of oui
| criminal co !e whioh has hern ap-'>n
out statute books upwards of two
[iiundred years is not obsolete, cut is
of full force and effect a- wht-n th"
statute of Ji> Charles II was reenactid
in this ate.
The only recognized f?y
ilia: act arc the "works of necessity
and charity. '
The question, therefore, ar,"s<
was the woik of the leul -lati;rc :ii the
time referred u> a "work of necessity
>r that of chavity?" I submit not.
Certainly not a work of necessity; the
legislature had been in se>sion for a
period of nine weeks, which included
not less than .17> work days, but of
.vlv'eh not le.-s than 1 "j days were
wasted by frequent adjournments.
During- the first four or live weeks adjournment
from Friday u> the following
Tuesday was common. And not
only so out much of the intervening
time wasted in discussion of useless
measures. Had the time been decored
to questions of importance to
this itate the work couid possibly
have been accomplished in not exceeding
five weeks. If in this, however
I am mistaken, then why not Thursday
or some earlier day been fixed for
the grand finale so that the closinghours
of the assembly could have
been accomplished on Saturday and
not held over to the Sabbath day. But
even here if that were impracticable,
then why did not the legislature adjourn
over until .Monday so that the
work of the state could have been
accomplished and completed in an j
cruciiy arid mgnineu manner:
Some still living: can recall ihe evils
of hasty legislation at the closing
hours of the session when such grave
errors, omissions and mistakes have
crept into the laws as to'render it inoperative
and so impose upon the
state serious embarrassment. Somej
may also recall the days when m ,
{ 'nips nnst the p*ovf?rnor h?.s been re
quired to si: up until early hours of J
the Sabbath morning to grant his ap-j
proval and affix his signature to very j
important measures enacted on that j
day, without time allowed him for ex-j
.i mi nation as required by the law. The j
constitution requires that before any;
"biil or joint resolution shall become I
a !:iw :t shall be presented to the gov-j
< : .-.or and it he approves he shall sign \
T'r.less time bo allowed the. governor
to examine a law so as to act
intelligently, this provision of the
constitution seems to be a vain thing.
i.Tnder these circumstances the \York i
done by the legislature certainly doesj
not appear to have been a work of j
rpfpssitv? n?i the- fnntr.uw it sppiv.s to I
the average mind to have been wholly j
Xor was this work :t wo -k of mer- j
cy. On the contrary it :mposel upon j
not only the members of the lei^Isla-1
tip*e, but the unoffending employee:?.;
among them many young women in !
the engrossing department and boys!
acting as pages, work not only moral-!
)y wrong but physically burd.'rv-ome. |
T am informed that some of thesi*'
young women, overcome with tin- Lur-j
den of excessive work, fainted duringj
the night. It would, therefore, seen: j
that the legislators can not excuse I
themselves under either of the above j
But some men may say that yourj
entire argument has no application to j
the legislative body; that they are a
law unto themselves. I am readv to
admit that the parliament of England j
and our own congress have held their!
sessions on the Sabbath day, but if
the matter be looked into it will be
found ths-t they were under an emergency.
But- even if it should be held
that our legislators are not bound by
the laws above referred to, we may
still inquire why did they deem it a
right thing to violate the traditons
of a neople who from time immemcrial
have held the Sabbath day to be
the Lord's day and one to be devoted
to His service. A day of rest and one
divorced from worldly affairs.
It is a dangerous thin? to abandon
the ancient landmarks and embark on
unknown seas. I fear that the time
is at hand when the American people
are as amenable to the denunciation
of the prophets of obi as was ancient
Israel. They heeded not the warnings
of the pronhets and while a remnant
of Judah re ins, what became
of Israel? We .an not disobey the
laws of God an 1 not suffer the penalties.
1 am persuaded that thQ preservation
of our Christian civilization has
been committed to the English speaking
people. Great Britain and America.
And if they shall betray that
trust may we not fear a like resui*:
W. A. Clark.
C olumbia.
It i> better, Billy Sunday say?, to
h.n'c a cheerful disposition than a
pedigree that goes hack to the Mayflower.
But some people have nei;
i >== : -tv
\'a it
? ii
m I '^--r
i H /
I '||g
I S I . v
ib if
I v #3%;
I? 1
!| I
} W if V.; ..:. :
hg I ? :<
! jj a ^
I ^ | ^
I w w _ (01_ 1 J! f
? IrHC^ gflQUiQ J?
| 1. He is a red blooded South Carolinian
$ with interest in and love for his native
1 2. He is no demagogue.
|j ;j. He is a farmer and a business man.
4. He is unfettered by factionalism.
!5. lie stands lor tax retorm.
6. He is a successful man of affairs?a f<
years of experience with banking and i
7. He believes in a square deal.
8. He is fitted by training* and experience
tiun at a time when the state most needs
9. He stands four square to the wind on al
..^ >#1 iv.ni-jacuj-.f riiv issLips unafraid
1,10. He has firof 'land knowledge of the w
has so lone, shackled the Southern farm
this evil.
11. lie knows the problems confronting Hi
farmers, and has a progressive pro;rra?
12. He will meet every issue face to face in
1 o io nKsnl:i1-fllv inrlpn^ndfrnf:. "wearing
. ca in auoviw ivij 4j*<w?<wX,rw
ig but impelled by a worthy ambition to
J4. His election will transfuse new bloo^ i
forces of good government.
Paimafcsta Program Completed vat'dev;;!: , band COllCCT
j Columbia, April 3.?The program Saturday, April 22?
'committee in charge of the plans for educational parade; 8:.'
the hi<r state-wide festival and gala Jaud concert, style sh
jweek here April 17th to 22nd has to- ci <r:ng of Palmafesta.
;day given out the following program:, One of the interests
Monday, April 17th. arrival of eoun- Palmafesta will be a da
: ty queens, fireworks and opening of ; lion of the radiophone,
Palmafesta at 8 p. m., fashion ! certs and lectures in
show and introduction of county threugout the country
queens, band concert, vaudeville. eti by Wireless "anipiifi
l Tuesday, April IS, industrial exhi'o- '.Sl :)uil(i.ng and hea:
; its, auto show, band concert in theafternoon;
evening at 3:30, stvl? . ,
j urc. s Drawn tor ?.
snow, county queens, vaudeville ana .
\ , J ne fouowmg men f
! band concert. , ,
county have been !vav
j "Wednesday, April l!)th, afternoon: jururs ;n t}10 {Jn:t-d i
Introduction of county queens, style C(,urt which convenes
5how, auto races; evening, 8:-M0. band T, -sday morning, a;
concert, Aors isayes, styie sisov., o c*!'>cKr
' vaudeville, introduction of queens. ; r ,-r week.
Thursday. April 20th, afternoon: T. i\ Adams. Xc.wbo
opening of baseball season; evening, P. S. Li\ ingston, Xt*
S Nora 3ayc , vaudeville, hand J. R. Spearman, Jr.,
jconcert, tlosinjr of Palmafesta queen p- yy
contest. i
1 fcecond week.'
Friday, April 21st, announcement }[ M Boozei% Xewb
of Palmafesta nueen, Palmafesta
i i . i i .1, Jake Raucn. Prospei
queen s parade, industrial and floiai 1
parade; crowning pageant, | Granu jurors:
oueen uf Palmafesta, style show,! \y. II. Dominick, X<
i tt
l:vl^^ *\ 'tl 9
.. Ty.V* p ;
<* I
;5>vS5A ,'
JtV? K^Mra&P* &*?&? "J:.
^ r-^r ra.y^
Ol T| ?
Carolina jj
ie Elected I
with every vein and artery pulsating
armor and thoroughly acquainted by
nan ui'actur ing.
to give.the state a business administra- 9
i questions affecting the public welfare,
or kings of the financial octopus which
eY. and definite ideas as to coping with
te people of the state, particularly the
n looking toward improvement in
the future as he has always done in the
no man's collar," tied to no faction,
be of service to his people.
nto the body politics and revitalize the
d, baby and To the people of 1'rosperity and
30, vaudeville, the county of Newberry:
W : T thank the uoonle for the consola
itions showed me in my loss by fire
i.u: features of soon after coming to this town.
:iy demonstra- I wish to thank the people for their
by which con- kindness showed me and hope to
distant cities make the future a great one in a
will be receiv- benefit that will help and please the
ed'' in the bis people of Prosperity.
I'd by all visi-r I am now located in the Geo. W.
! Harman building. Come to see me.
, You are welcome her6.
3. Court The City Cafe,
rom Newberry . R. L. Lyles.
t(> serve us Prosperity, S. C.
itULC.i Federal
n Greenville Waits-Turner
4ih. at 9i Miss Mary A. Waits and Mr Fletch
or Turner were united in holy wedlock
on Saturday afternoon, 1st inst.,
: y, !> F. I;. |at the Mayer Memorial Lutheran parwberry.
;ronage. Rev. W. H. Dutton perform>-v
R e;' ^e ceremony.
j The young couple make their home
;:n West End and receive th?; pood
J wishes of their many friends.
errv, li. F. D. mm
ity. Xow that we have entered into an
[alliance with Japan, let Mexico atj\vberry.
; tack us if she dare!
i I

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