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TWU takes exception I TO SUNDAY SESSION 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 i 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 That law has never been repealed an J ; is as binding upon the C'hristiar com- j; munities as the day it was publisher.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 i fcfc. Hk 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-; l - '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. I ' 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." j But to meet the objection which may be raised by some that these I 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., 130. "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 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 I [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 j 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 unnecessary. 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 exceptions. 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 l 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; ther. 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 ? :< jg ! jj a ^ || I ^ | ^ 5 FOW GOV 11 I 14 POINT: | I w w _ (01_ 1 J! f ? IrHC^ gflQUiQ J? y $ | 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? conditions. 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< J I i tt l:vl^^ *\ 'tl 9 .. Ty.V* p ; <* I H I I ;5>vS5A ,' JtV? K^Mra&P* &*?&? "J:. ^ r-^r ra.y^ Ol T| ? Carolina jj 3 WHY I 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 t. | CARD OF THANKS 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 I