NOTHING more clearly establishes the religious character of Sunday legislation than the exemptions which are common to it in favor of persons who religiously observe another day of the week. Such exemptions of course show that the religious observance of one day of the week is the object and intent of the legislation. Upon a compilation of "the laws of the states of the union relating to the observance of the Sabbath," recently issued by the Massachusetts Bureau of Statistics of Labor, the American Hebrew of New York notes that "the laws exempting those persons from the provisions of the Sunday labor law who conscientiously believe the seventh day of the week to be the Sabbath, and who uniformly observe such day by refraining from labor, are quite general," and presents the following abstract of the exemptions:
In Connecticut no person who conscientiously believes that the seventh day of rest should be observed as the Sabbath, and actually refrains from secular business and labor on that day, is liable, provided he disturbs no other person while attending public worship.
In Indiana the Sunday law does not extend to those who conscientiously observe the seventh day of the week as the Sabbath. In Iowa the rule is the same as that in Indiana.
In Kentucky persons who are members of a religious society which observes as Sabbath any other day in the week than Sunday, if they observe as a Sabbath one day in each week, are not within the provisions of the Sunday law.
In Maine no person who conscientiously believes that the seventh day of the week ought to be observed as the Sabbath, and who actually refrain from labor on that day, is liable under the Sunday law.
In Massachusetts the Maine exception also applies; the same is true in Michigan.
In Minnesota it is sufficient defense to a prosecution for servile labor on the first day of the week that the defendant uniformly keeps another day of the week as holy time and does not labor on that day, and that the labor complained of was done in such manner as not to interrupt or disturb other persons observing the first day of the week as holy time.
In Missouri the law does not apply to a person who is a member of a religious society by whom any other day than the first day is observed as the Sabbath.
In Nebraska the law does not apply to persons who conscientiously observe the seventh day of the week.
In New Jersey every person who religiously observes the seventh day of the week as the Sabbath is exempt from observing Sunday, provided that the work or labor performed on Sunday be done in his or her dwelling-place or workshop, and that it does not disturb other persons in the observance of the first day of the week.
The New York law exempts those persons keeping a day of the week as holy time other than the first day of the week.
In Dakota any person keeping another day of the week rather than the first day is exempt from the provisions of the act. The same rule applies to Ohio.
In Rhode Island practically the same rule is enforced as in Dakota, but the exemption does not give the privilege of opening shops or stores on Sunday for the purpose of trade or merchandise.
In South Dakota the rule is the same as that of North Dakota.
In Texas a fine is imposed upon any person laboring or compelling others to labor on Sunday. It exempts among others people who conscientiously believe that the seventh day is the Sabbath and who observe such day.
In Virginia the law does not apply to those persons who observe the seventh day of the week.
In West Virginia the law does not apply to such persons as conscientiously believe the seventh day of the week ought to be observed as the Sabbath, provided that such persons refrain from secular business and labor on that day. In that state a fine is imposed upon any person laboring at any trade or calling or allowing others to labor on Sunday. The same rule applies in Wisconsin.
THE OUTLOOK
In all other states of the union the statutes do not make allowance for observers who keep Saturday. But the enforcement of the law is nowhere strict or uniform.
