Sunday Law Trial in Oakland.
By Editor
LAST week we noted that there had been much difficulty in securing a jury to try the case of the "Pohley Brothers," proprietors of the Opera Garden and the bar attached to the Opera. The case seemed to be about as plain as can probably be made, and the jurymen were carefully selected, but the result was a disagreement. The report in the Daily Times closes thus:— "At 5:30 o'clock the jury retired to deliberate upon a verdict. About half past ten o'clock they were discharged by Judge Yule, being unable to agree upon a verdict. They stood eight for conviction and four for acquittal. Judging from the noisy wrangle which proceeded from the jury-room, a heated discussion took place on the Sunday-law question." This result must be anything but gratifying to the friends of the Sunday law. It may be still more difficult to secure a jury on the next case, and there is a large number of cases before the courts, or a large number of warrants have been sworn out. We think, from present appearances, that it will be impossible to enforce this law in the large cities, on account of the difficulty of getting juries, and the courts being blocked by the cases being so numerous. We confess to being surprised at the amount of enthusiasm aroused in favor of enforcing the Sunday law in California. This gave great encouragement to its friends; but their difficulties increase at every step in the proceedings, and no doubt a majority of the people rejoice over every failure to convict. The demonstrations of joy witnessed at San Leandro in this county, over a verdict of "Not guilty," will doubtless be repeated in many places if the prosecutions continue. The closing remark of the Judge in his instructions to the jury is of great interest. It decides a point which will remain undecided in many minds, and is contrary to fact, though not contrary to the intention of the law and its framers. He said:— "I do further instruct you that the 8th day of January, 1882, was and is the Christian Sabbath, the same being the first day of the week, commonly called Sunday." This shows that a fact may be assumed, and taken up and incorporated into a law, and that judicial instructions and decisions will sustain the assumption, shutting out proof which might be offered to show that it is only an assumption. We have no doubt that in all these cases the intention of the law-makers will be made the basis of judicial decisions. As a question of law this may be quite correct, but it is contrary to what many have anticipated. As a matter of fact not a particle of proof can be adduced that the first day of the week, or the Sunday, is "the Christian Sabbath." But that is and will be held as a matter of no consequence. Not Bible truth but popular sentiment will be made the ground of action and decision in the coming religio-political trials. Let it be so; we are content. There is coming, and now near at hand, a day in which "God shall bring every work into judgment," and the only rule then recognized will be "his commandments." Then the decisions of earthly courts, which set aside the law of God on grounds of policy, and substitute for it mere "police regulations," will be reversed. Then, they who govern now by arbitrary rule because they have the populace on their side, will be ashamed. We patiently wait for the decisions of that great day.