p. 9 | Doing Politics by John S. Wightman

Pacific Press Publishing Association

FromSigns of the Times, Vol. 32, No. 47.

Doing Politics

By John S. Wightman

An Important and Typical Meeting---No. 2

Reported by John S. Wightman, Religious Liberty Secretary of New York

[Mr. Wightman attended and reported for other papers the Inter-Church Conference on Federation in New York; and also attended and reported for the SIGNS OF THE TIMES the late annual meeting of the American Federation of Catholic Societies in Buffalo, and was also in attendance at the meeting in Elmira for this journal. He is a student of the great principles involved, and his report is worthy of careful consideration by every American citizen. Ed.]

The Opening Meeting—Doing Politics—Disappointing Magistrates—Some "Great Victories"—The Elmira Case—Baseball and Other Sports—"The Crime of Sabbath-Breaking"—Denial of Trial by Jury.

THE deliberative session of the convention opened Wednesday morning, October 31, at nine o'clock. There was an address of welcome by Rev. Arthur Dougall,

vice-president for Elmira, which was responded to by Dr. Burrell, president of the state association. Reports of the secretary and various committees were received. The report of the secretary, briefly considered, was that the association was advancing in every way, its progress along the line of its particular work was most encouraging, its numbers and votaries were increasing, its scope and power both at the state capitol and abroad being greatly augmented within the past year, and the financial condition getting onto a better basis.

The organization was in a vital condition, a real working force, waiting for the occasion to make itself signally felt in the public life; and, with marked emphasis in both tone and voice, he declared that the "occasion was dead-sure to come."

Doing Politics.

Mr. H. H. Robbins, Chairman of the Committee on Legislation, reported that a good work was being done at Albany; bills that were not satisfactory to the association were quietly "killed" in committee—they were simply "just never heard tell of again;" and bills for a more "liberal" Sunday did not get any farther than committee rooms. The influence of the association was now sufficient to hold up anything and everything in the way of sabbath (Sunday) legislation that was not satisfactory to the association. The association proposed to do something further at the coming session of the state legislature in the matter of getting laws more stringent in character for the "protection of the American Sabbath" and to promote "its general observance." The Legislative Committee of the association were very much encouraged at seeing what it could accomplish in "the third house" at Albany.

A real difficulty, however, encountered by the association, when arrests have been made and evidence of Sunday violation secured, was to get magistrates and police officials and the "lower courts" to find the accused persons guilty. It was related that several cases in Brooklyn had occurred where magistrates had read opinions practically in favor of the accused and discharging the defendants, very much to the chagrin and disappointment of the association. It seemed that the sympathy of the magistrates and officials were generally with the accused violator of the Sunday law, and the tendency in this direction was so strong as to be well-nigh disheartening to the association managers. It was the one apparently insuperable barrier that stood in the way of progress in the matter of compulsory Sunday observance. A way to effectually remove this obstacle was the great question with the Legislative Committee of the Sabbath Association. It must be solved. It was almost impossible to secure a conviction in the lower courts.

Some "Great Victories."

Some great victories, however, had been won in Brooklyn, in Binghamton, and in Elmira, notably in the latter city, where the Civic Federation, composed of ministers, took up the matter and forced the city officials to fulfil their obligations, and to enforce the law against "the desecration of the sabbath." What the Civic Federation had accomplished in Elmira was a great source of encouragement, and an omen of what might come. It was a condition that may obtain all over this great land. The Elmira case of compulsory Sunday observance was one of the most hopeful signs of the times, and indicative of what might be accomplished in the future, and everywhere!

The Elmira Case.

Inasmuch as this Elmira case occupied the greater part of the time and attention of the convention, I will relate the facts, as this local crusade is being heralded far and wide by the American Sabbath Union and its auxiliary as the great victory in the battle for Sunday observance by legal enactment. (Continued on page 15.)

AN IMPORTANT MEETING.

(Continued from page 9.)

Early in March, 1906, much was said by the public press of Elmira about a movement on foot to secure Sunday baseball, and other games on that day, in order that the leagues playing in the larger cities might be secured, and because it was not a paying investment unless Sunday games were allowable. This provoked much discussion. A little later in the season amateur games were played in a field on the outskirts of the city on Sunday, but no admission fee was charged. This, too, brought on a storm of disapproval from the Civic Federation, composed of the sixteen leading clergymen of the city. Elmira was stirred over the question, and the discussion was prolonged. By threats to persecute, made by the Civic Federation, league games for pay on Sunday were eliminated, and amateur games were crowded to a secluded spot far removed from the city proper.

In the meantime, Eldridge Park, leased from the city government by Enoch M. Little, was opened to the public on week days and Sundays alike, with amusements and concessions, roller-coasters, and the like, to which many excursions from out of town came on Sunday. The park is city property, a mile or more from the heart of the city, far removed from churches and schools, and under the police control of the city.

It was publicly charged that the law was being violated both at the park and elsewhere. The Civic Federation, organized for the purpose of promoting "civic righteousness" in the city government, determined to throw itself into the field for "law and order," and compel the city officials to enforce the law. Counsel was secured and the battle begun.

The Battle On.

A communication was forwarded July 26 to the mayor and the police commissioners, declaring that the law was being violated, and unless the city authorities should forthwith begin proceedings to uphold the law and secure its enforcement, proceedings would be begun against them for malfeasance in office, and their "oustring" from office demanded at Albany. Mayor Brockway immediately ordered "John Doe" proceedings in law, and the ministers were summoned to tell what they knew about the violations alleged. No evidence was produced.

A week later, in the month of August, "John Doe" proceedings were instituted by the Civic Federation, and, as a result of this, Enoch M. Little, manager of Eldridge Park, was arrested by and upon complaint of Rev. R. Lew Williams, charging him with "the crime of Sabbath breaking," in that goods had been cried out and offered for sale upon the first day of the week, commonly called the Lord's day. While there were many separate charges in the information, they were all based upon and included under statutes providing for the observance of the sabbath, providing a penalty for the violating of the penal code on Sunday. So while Civic Federation had charged law was being violated, it all simmered down to, and finally rested upon, the one law, compulsory Sunday observance! It was for the religious day and its religious observance, that Civic Federation was fighting, and absolutely nothing else!

Denial of Trial by Jury.

Mr. Little was arraigned before Recorder Henry L. Bogart on August 25. He was represented by Hon. John B. Stanchfield, one of the leading attorneys of the state, and once a candidate for governor. Counsel for the defense made a motion for trial by jury, which was opposed by counsel for the Civic Federation. Motion denied by the recorder, on the ground that he had summary jurisdiction to try the case as a magistrate, and ordered the defendant to prepare for trial September 11.

Never was there such an array of legal talent, or such a gathering of citizens of respectability in the Recorder's Court-room in the City Hall as upon that day. It took on the color and tone of an ecclesiastical court rather than a civil; the clergy of the city were largely present, and the talk of "sabbath days" rather than "civil days" prevailed, while "the crime of Sabbath-breaking" was contended with by the defense. It was revealed that ministers of the Gospel had performed police spy work, and in an effort to obtain evidence had themselves violated the very law that they were seeking to have Mr. Little punished for violating.

The recorder took the evidence under advisement, and on September 13 rendered his decision that Mr. Little was guilty "of the crime of Sabbath-breaking," and imposed a fine for that offense.

There are two things in connection with this case worthy of careful note:

1. The denial of the right to a trial by jury.

2. The religious character of the prosecution. This was shown by the effort of the prosecution to show that the doing of any one of the separate counts charged was a violation of the law, even if there was not "such noise and serious disturbance as would disturb the peace and good order of the community" as provided by another section of the penal code. In other words, work of a quiet and inoffensive nature constituted a violation of the sabbath law whether of a noisy character or not, whether of a disturbing nature or not! Thus appears the religious character of the prosecution. Anything contrary to the religious observance of the day constitutes, in the minds of the gentlemen composing the Civic Federation, a violation of the civil statute, punishable by fine and imprisonment!

It will also be noted that great public pressure was brought to bear upon Mayor Brockway and the police commissioners to enforce the law upon the people according to its construction and interpretation by the Civic Federation, composed of clergymen.

It is perhaps unnecessary to dwell upon the feature of a denial of right to trial by jury. If juries can be eliminated from Sunday law prosecutions, it will be so much easier to "intimidate" and compel the magistrates to do their alleged duty. Juries could not be so easily handled as a single individual who might be a candidate for the office again.

So then, the Elmira case of Sunday law prosecution may be summed up as follows: Prosecution by ministers of the Gospel; charge, sabbath-breaking; denial of right to trial by jury; conviction and fine!

And to extend such a procedure all over this land, the American Sabbath Union and its auxiliary, the New York State Sabbath Association, stands for, fights for, works for, and prays for!

In reply to a question by a delegate as to how compulsory sabbath observance could best be obtained, Dr. Stanley replied: "Remove public officials who do not do their duty, and put in other officials who will do their duty in enforcing the [Sunday] law. That is the way to achieve success. If a public official is corrupt, and will not perform his duty and fulfil the obligation of his oath of office, turn him out of office, defeat him at the polls, and put a decent man in the office who will see to it that the Sabbath law is enforced. That is the best way to secure results."

Dr. Burrell followed, saying: "If you want special detectives, if you want special services, if you want something done, go to the representative of the association in your town. See where your pastor stands in the matter. Sometimes you may have to go to the third house [evidently meaning a lobby at the capitol]. Sabbath enforcement means work, tireless activity, and money. Organize; Elmira has shown us what organization [Civic Federation] can do, and what they have accomplished here can be accomplished elsewhere. Spread the light. We must see to it that Sunday laws are enforced."

The New England Sabbath Association.

By special permission, Dr. Kneeland, secretary of the New England Sabbath Union, took the floor and gave a glowing account of what is being done by the New England Sabbath Association. Eminent men had been enlisted in the services, such eminent men as the late Senator Hoar, Ex-Secretary of the Navy John D. Long, and Governor Murray Crane. If the workingman's industrial salvation is secured, it must be through securing and applying Sunday laws that he may be delivered from the clutch of greedy corporations and given opportunity to rest one day in seven.

He believed the laboring man would yet see that it was his duty and to his interest to amalgamate forces with those of the American Sabbath Union. In fact, Mr. Gompers and John Mitchell had recently said to him that such a possibility was not so remote as one might imagine. Such a confederation, Mr. Kneeland said, would accomplish great things and bring a mighty victory for compulsory Sabbath observance; for such a combined force was one that would be respected. The Sabbath argument was in the fourth commandment, and it was as binding, and the rest as necessary, to-day as in the days of Adam. A corporation or any other power that would take, or attempt to take, the Sabbath away, was an enemy of man, of the state, and of God. The ditch between the laboring man and the church would yet be bridged, and labor unions and church forces unite in one common purpose to secure the laboring man's right to one day in seven.

[This report and review closes in our next issue. Read it to the end. There is much more to be said, however, upon this important subject.]

Police Justice H. L. Bogart, who refused the right of trial by jury

City Hall of Elmira, where the trial was held.

The Hon. John B. Stanchfield, one of the leading attorneys of New York State, who defended the counsel and plead for the right of trial by jury. Mr. Stanchfield was once a nominee for governor by one of the great parties of the state.