The California Sunday Bill by W. A. C.

Review and Herald Publishing Association · Takoma Park Station, Washington, D. C. · Feb 18, 1909

The California Sunday Bill

By W. A. C.

Last week we gave the proposed amendment to the constitution of the State of California, which, if adopted, is intended as a basis for Sunday legislation in that State. The amendment is itself nothing more nor less than a clumsy Sunday bill introduced into the constitution, giving unrestricted powers to local and municipal legislative bodies in the way of enlarging upon “the scope of penalties of any provision enacted by the legislature on the same subject,” but taking good care “that they shall not “restrict, or limit,” such provision.

This week we give the proposed Sunday law itself, which Rev. G. L. Tufts, Mr. Craft’s Pacific Coast representative, says he himself framed “with great care,” and which he declares we need have no fear of, because “there is not an ecclesiastical or religious word in the bill.” The amendment was introduced in the assembly on January 8, and the Sunday bill in both assembly and senate on the same date. The following is the bill:—

AN ACT

To amend the Penal Code by Adding a New Chapter to Title IX of Part I Thereof; to Preserve One Day in the Week as a Day of Rest, and to Promote Health, Morals, and the Public Welfare.

The people of the State of California, represented in Senate and Assembly, do enact as follows:—

Section 1: A new chapter is hereby added to title IX of part I of the Penal Code, to read as follows:—

CHAPTER VIa

Of Offenses against Health, Morals, and the Public Welfare.

299. Every person, firm, association, or corporation who shall keep open on Sunday any shop, store, building, or place of business where goods, wares, or merchandise are sold or kept for sale; or who shall engage in any business, trade, or sale of goods, wares, or merchandise, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than twenty-five dollars nor more than one hundred dollars, or shall be imprisoned in the county jail not to exceed thirty days; provided, however, that this section does not apply to hotels or restaurants in furnishing lodging or meals; to livery stables or garages; to bath or boat houses; to the sale of medicine or sick-room supplies between the hours of 9 and 11 A. M., and 5:30 and 7:30 P. M., nor to said sale at any time in cases of emergency; to the quiet sale and delivery of daily newspapers, or to any other place of business necessary to work as hereinafter provided for.

300. Any person, firm, association, or corporation who employs any employee, apprentice, servant, or other person to labor, or to engage in any trade, calling, avocation, or business, except works of necessity, mercy, or charity, or requires them to engage in such work or labor on Sunday, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than ten dollars nor more than two hundred dollars, or be imprisoned in the county jail not to exceed thirty days, and, upon each subsequent conviction, by both such fine and imprisonment; except, however, in case of corporations the penalty of imprisonment, when imposed, shall be imposed upon all officers or agents in the State committing such offense or causing the same to be committed; provided, that this section does not apply:—

(a) To persons, firms, associations, or corporations owning or operating telegraph, telephone, or electric-light plants; boats, vessels, vehicles, cars, or regular trains for the transportation of passengers, live stock, or perishable freight, and the continuance to their destination of trains and vessels in transit when Sunday begins, or the collection and delivery of baggage for the same; but nothing herein shall legalize special Sunday excursions. (b) To such manufacturing establishments or industrial processes as must be kept in continuous operation to prevent serious loss. (c) To unavoidable work essential to the protection of mines or property in imminent danger of destruction or serious injury. (d) To the sale and delivery of milk. (e) To any person who regularly observes some day during the week other than Sunday as a day of rest; but provided further that, except in cases of emergency, said employee, apprentice, servant, or other persons shall not be employed on Sunday unless allowed twenty-four consecutive hours without labor during said week.

301. Every person, firm, association, or corporation who shall keep open on Sunday any bar, saloon, or dram-shop, or any place of any kind or description where spirituous, malt, or fermented liquors or wines, or any admixture thereof, are sold, given away, or served, or kept for sale; or who shall sell, give away, or serve any spirituous, malt, or fermented liquors or wines, or any admixture thereof, on Sunday, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than thirty dollars nor more than two hundred dollars, and be imprisoned in the county jail not less than five nor more than ninety days, and upon a second conviction, in addition to said fine and imprisonment, any license which may have been granted for opening and maintaining such place of business shall be void, and shall not be renewed within two years next thereafter for said place or to said person, firm, association, or corporation.

301a. Every person, firm, association, or corporation who shall keep open on Sunday any place of public amusement to which an admission fee is directly or indirectly charged, or who shall conduct or take part in any said public amusement, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than five dollars nor more than one hundred dollars, or be imprisoned in the county jail not to exceed thirty days, and upon a second conviction by both such fine and imprisonment.

301b. It shall be the duty of the prosecuting attorney, sheriff, constable, city or town marshal, or any and all public or peace officers in this State to inform against and diligently prosecute any and all persons guilty of the violation of the provisions of this act, either upon credible information or upon reasonable cause to believe that there has been any such violation. Any said officer who shall refuse or wilfully neglect to inform against and prosecute said offenders against this act, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than fifty dollars nor more than five hundred dollars, and the court before which said officer shall be tried shall declare the office or appointment held by the said officer vacant, and said officer shall not be re-elected or appointed to fill said vacancy.

301c. All fines collected from the violation of sections 299, 300, 301, 301a, 301b, of this code shall be paid into the common school fund of the county.

A monstrous Sunday law would this be! Like the Johnston District Sunday bill, it contains many exceptions. Like this also, it provides an exemption for observers of another day. But unlike it, it contains a most drastic provision intended to insure its rigid enforcement if once passed. This is found in Section 301b, which not only imposes a fine of from fifty to five hundred dollars upon any officer who fails or neglects to “inform against and prosecute” “offenders against this act,” but throws him out of office, and deprives him from ever being elected to such office again. Under such intimidating threats would the advocates of this proposed and “carefully prepared” legislation turn the officers of the law into church inquisitors and religious persecutors. When California passes such a law as this, we may well believe that the days of persecution are nigh at hand.

W. A. C.