Sunday Law of Santa Clara County
By Editor
Sunday Law of Santa Clara County.—Santa Clara County, in which is San Jose, has a county Sunday-closing law. The municipality also had such an ordinance, which it repealed. The proprietor of the Eagle Brewery, George Scherrer, believing himself to be exempt within the city, opened, we believe, his saloon on Sunday. Justice King found him guilty under the county law. He appealed, and Judge Reynolds, in a decision rendered August 2, affirmed Justice King's decision. Scherrer's counsel contended that, while the city had repealed its Sunday ordinance, the county should not be allowed to legislate adversely. The court held that it was settled in this State that the Board of Supervisors could adopt such a police regulation, and, notwithstanding the power is conferred by the Constitution to the city to do the same, the county law in this case is operative within the city limits. An appeal will be taken to the Supreme Court. It will be interesting to know what the decision of that court will be. The law ought to be set aside as unconstitutional, and would by judges not biased or blinded by tradition and religious prejudice. A Sunday law has no right to an existence on any civil statute book.