ENFORCING THE SUNDAY LAW IN BUFFALO, N. Y.
We learn from the Buffalo News that a Hebrew dry goods dealer of that city was recently convicted in the Police Court of having kept his store open on Sunday. The prosecutors were the members of the Buffalo Retail Grocers’ Association. The defendant admitted the charge, but claimed extenuation on the ground that he had observed the previous day as the Sabbath. In giving his decision, the judge said:— The great masses of the people observe the first day of the week. There are comparatively few who observe the last day. The Legislature, which has the power to name any day, has very properly named that day which the great mass of people desired. To say that any sect may traffic publicly on this day because they close their place of business on some other day, would mean that we should have no Sabbath at all in the end. It may mean a hardship for the defendant in this case, but it is a fundamental principle of organized society that the individual should sacrifice his personal interests and desires, if the same be necessary, for the welfare and benefit of the whole. And eventually the individual will receive his share of the benefit which accrues from any act for the general good. No Christian can have other than the kindliest of feelings for that religion which served as a foundation of their own. The law of the land protects its adherents in the full exercise and enjoyment of their religious profession and worship, as it does all other sects without discrimination or preference. But the Sabbath is a civil institution, the observance of which as a day of rest, if for no other reason, is necessary for the best interests of the state, and the laws regulating the same must be observed in a reasonable manner. The defendant is convicted, and allowed to go on suspended sentence. While such crude ideas of legislative “power,” of the “fundamental principle of organized society,” of Christianity’s “kindliest feelings,” and of the Sabbath institution, are entertained in courts of justice, we need not think it strange that the rights of men in the minority are ignored. As long as courts hold that a legislature may make any day a Sabbath that every one is obliged to observe, and that the Christian’s “kindliest feelings” may be manifested in prosecuting a neighbor for not observing that day, the way is wide open for all that is involved in enforcing a state religion, or the religion held by the majority. Moreover, the erroneous idea that the Sabbath is a “civil institution,” would preclude the possibility of keeping the day “holy.” If anything has not been made holy by Him who alone is competent to sanctify, it would be utterly futile for any one to assume to keep it holy.