The Sunday Law in Indiana by A. L. Miller

Review and Herald Publishing Association · Takoma Park Station, Washington, D. C. · Oct 24, 1907

The Sunday Law in Indiana

By A. L. Miller

It will be remembered that Brother Bruce Jarvis, of Seymour, Ind., was arrested for Sunday labor performed June 9, 1907. In the preliminary trial before the police court Brother Jarvis was found guilty on the ground that, since he kept the day from sundown Friday evening until sundown Saturday evening, he did not keep the legal seventh day, which begins at midnight Friday and ends at midnight Saturday. Being found guilty, and to settle this technical point of the law, the case was appealed to the Jackson County circuit court. The case was called in this court before Judge Shea, Friday, September 20, and Brother Jarvis was found not guilty.

The prosecutor made his whole fight, and rested the case, upon the same grounds that he did in the police court; namely, that Brother Jarvis did not keep the legal seventh day, and was therefore guilty.

In the examination of the witnesses he combatted every inch of the ground upon this point of the legal seventh day. When I was asked if Mr. Jarvis was a member of the same church of which I was a minister, the prosecutor objected, saying this was not a question as to what church any one belonged, but as to whether or not Mr. Jarvis kept the seventh day. We are not trying churches to ascertain the church to which he belongs, or whether he belongs to any church, but whether or not he keeps the seventh day. The judge overruled the objection, stating that the answer might have some bearing upon the case, owing to what the church teaches relative to the day to be kept. When the questions were asked as to what day the church taught for the Sabbath, what day it kept, and the time of beginning and ending the Sabbath, strong objections were made by the prosecution, upon the grounds that this was not a question of what a church teaches, was not a question of creeds and cults. To place it upon such a basis would be to make void the law of the land and bend it any way to conform to the dogmas of a church. This is a civil trial, not a religious trial, and it must be tried according to the law, and not according to the teachings of a church. Judge Shea overruled the objection, saying that this was different from ordinary trials; this has something to do with religious rites, as the exemption clause says they must conscientiously observe the seventh day. The judge admitting the evidence, the Sabbath truth was plainly and clearly brought before the court officials. The judge asked Brother Jarvis why he kept the seventh day, Brother Jarvis answered: “I have thoroughly searched the Bible and find nothing to show why we should keep the first day, but all the evidence is that we should keep the seventh day; therefore, I keep it.”

After the evidence was in, and the lawyers had made their pleas, Judge Shea, in substance, gave the following decision:—

“In our dealings with one another we are liable to be too narrow, and not want to give to our fellow man the same rights and privileges that we wish for ourselves. We want to concede to others their natural rights to think and act for themselves, so long as they do not molest their fellow-creatures in the same right. We have many churches holding to different tenets of faith. On baptism different theories are taught and practised; in celebrating the ordinances some practise close communion, and others practise open communion. The law does not interfere with these rights. The intent of the law is evident in the exemption clause, exempting those who conscientiously observe the seventh day. It is not a question as to parts of days, or weeks, or months. These have frequently been changed by man. The Gregorian calendar is different from the Julian calendar. Since it has been proved that he conscientiously observes the seventh day, according to the teaching of the Bible, I therefore find him not guilty.”

How grateful we should be that there are still officials of principle, and that liberty is still ours to enjoy.—A. L. Miller, in Indiana Reporter.