A Sunday Law Case in Mississippi
By S. B. HORTON
A RECENT Sunday-law case in southern Mississippi will doubtless be of interest. At the November (1904) term of the circuit court of Jackson County, Miss., the grand jury indicted Brethren Steven and George E. Case for working on Sunday, the indictment reading as follows:— “The grand jurors of the State of Mississippi taken from the body of the good and lawful men of Jackson County, elected, impaneled, sworn and charged to inquire in and for Jackson County, at the term aforesaid, of the court aforesaid, in the name and by the authority of the State of Mississippi, upon their oath present, that Steven Case and George Case, late of the county aforesaid, on the first day of November, A. D. 1904, at the county aforesaid, were found laboring at their trade of business, to wit, they did then and there labor and work on a certain part of a wagon commonly called a wagon top, rebuilding and repairing the same, on the Sabbath day, commonly called Sunday, the same not being ordinary household offices of daily necessity or charity: contrary to the form of statute in such case made and provided, and against the peace and dignity of the State of Mississippi.” “J. R. LOLLY, District Attorney.” The statute in question reads as follows:— “Violation of Sabbath: If any person, on a Sabbath day, commonly called Sunday, shall himself be found laboring at his own or any other trade, calling, or business, or shall employ his apprentice or servant in labor or other business, except it be in the ordinary household offices of daily necessity, or other work of necessity or charity, he shall, on conviction, be fined not more than twenty dollars for every offense, deeming every apprentice or servant so employed, as constituting a distinct offense. Provided, that nothing in this section shall apply to railroads, or steamboat navigation in this State.” The facts in the case are that the brethren were making some necessary repairs on their wagon in order that they might go to town early next (Monday) morning to obtain provisions for the home and their stock on the farm. A neighbor, whose hogs had been driven off the premises of the brethren, saw them at work, and used the occasion to show his displeasure at Sunday work on the part of Sabbath-keepers, by appearing before the grand jury then in session, resulting in the indictment. The case was fixed for the May term of the court. Brethren Thurston and Shaeffer requested the writer to be present at the trial of the case, which was to have been called May 8; but owing to the enforced absence of the judge, court was not opened on that day. After counseling and planning for defending the suit against the brethren, we left Scranton, Miss., and went to the General Conference at Washington. While there a letter was received from Brother George Case, a portion of which is here given; it is self-explanatory:— “The judge called for the reading of the charge. When it was read, he said, ‘Working on Sunday, eh? They ought to be commended for that in this country!’ . . . The judge had a laugh over the matter, and they all seemed to think it a good joke. A lawyer, Mr. Ford, arose and said that he would defend the case free of charge. ‘Any one who will work,’ he said, ‘do not stop them.’ So the judge said, ‘You may go.’ We arose and thanked the judge and the lawyer and walked out.” This case presents two features: one illustrative of the wickedness of Sunday legislation,—the prosecuting witness in this suit against the brethren took advantage of the Sunday law to avenge a personal grievance,—the other indicative of God’s overruling providence. These brethren had much at stake. Their crop was growing and was soon to be harvested. They could not feel that it was proper to pay the large fine of fifty dollars each; and to go to prison would mean, under the circumstances, financial distress. This was all prevented, praise the Lord. Besides this, a lawyer offered his services free to defend the brethren, and the judge of the court was impressed to dismiss the case. Doubtless the Lord’s Spirit directed in this to his glory and to the good of the brethren.