SUNDAY QUESTION IN THE DOMINION SUPREME COURT

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Pacific Press Publishing Company · Mountain View, California · Mar 29, 1905

FromSigns of the Times, Vol. 31, No. 13.

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SUNDAY QUESTION IN THE DOMINION SUPREME COURT.

OTTAWA, Feb. 27.—The Supreme Court rendered judgment this morning upon the reference which had been submitted to it by the governor-in-council, to ascertain the extent of the provincial jurisdiction in the matter of what is commonly known as "Sabbath observance legislation." The first question was framed to ascertain whether a provincial Legislature had authority to enact a statute in the terms of the draft bill laid before the court. Was the bill ultra vires [beyond jurisdiction] in part only? What sections were within their right to enact? The members of the court (Mr. Justice Idington alone dissenting) answered these three questions by a simple negative. In other words, the bill was ultra vires of the provinces from first to last. The terms of the reference went on to ask whether a province were within its powers in legislating so as to prevent any work from being performed within the province on the first day of the week, except works of mercy and necessity. The fifth question asked whether a province had the right to restrict the operations of companies of its own creation to six days in the week. The sixth question asked whether banks, insurance and loan companies, works declared to be for the general advantage of Canada, but authorized to operate within one province only, and other specified undertakings, are subject to provincial legislation regarding Sabbath observance. The seventh question inquired whether the Ontario legislation was within its rights in enacting its prohibition against Sunday games, hunting, controlling the operations of barbers and bake-shops on Sunday, ordering that parks and pleasure-grounds be closed on Sunday, and controlling the Sunday running of electric cars.
The members of the court (Mr. Justices Sedgewick and Idington dissenting) declined to answer these latter questions at all. The effect of the court's ruling, however, agrees with the recent judgment of the Privy Council, which declared a large portion of the provincial Sabbath observance legislation ultra vires. The extent of the Federal jurisdiction was not before the court. To-day's judgment of the Supreme Court, therefore, has no bearing upon the Dominion rights in this matter.—Toronto Mail and Empire.
Now that the Supreme Court of the Dominion of Canada have handed down the above decision, the way is clear for the Lord's Day Alliance to go to the Dominion Parliament for new Sunday laws. We may be sure they will at once improve their opportunities. While this case was pending they could not go to the law-making power to enact more Sunday laws.
We, as a liberty-loving people, ought to send in thousands of names on our petitions to Ottawa, opposing this work of the Lord's Day Alliance. The editor of the Toronto Globe, in an editorial of February 28, extolled the work the field secretary of the American Sabbath Union has been doing of late in this province. Mr. Gamble visited Ottawa and made speeches. I quote from one who heard him, the following:
"After the mass meeting at 8:30, I went forward and introduced myself as the pastor of the Seventh-day Adventist church of Ottawa. He seemed a little disconcerted, and did not have much time for me. He said considerable about Seventh-day Adventists, some bad and some good, and warned the people to look out for us, declaring that we were spreading literature everywhere, and it was dangerous. Mr. Gamble said that they did not pay much attention to our sect until they saw we were getting a strong hold, and were destroying the Christian Sabbath. Then they felt that something must be done, so they went to Congress with 7,000,000 petitions for the better observance of the Sabbath; but the Adventists appeared and turned down every one of their specialists on Sabbath observance. He said they were completely whipped by the Adventists' strong arguments before the committees at Washington. Now they must go deeper into the Sabbath question, and present thorough proof from the Scriptures for the Sunday Sabbath."
I am quite sure that we who have the light of the prophecy, and from that can see what is coming, have resting upon us a grave responsibility in the matter of informing the people of this Dominion what this Lord's Day Alliance work means. The Lorndale Academy Press is reprinting four tracts that were circulated last year for the campaign against the persecuting spirit that is coming forth to deprive the people of God of their religious liberty. These tracts (forty cents a hundred, postpaid) can be secured by addressing S. D. Hartwell, 167 Dundas Street, Toronto, Ont.; B. B. Noftsger, 151 Hunter Street, W. Hamilton, Ont.
A. O. Burrill.
Galt, Ontario.