Recent Sunday Law Incidents by S. B. Horton

Review and Herald Publishing Association · Takoma Park Station, Washington, D. C. · Jun 11, 1914

Recent Sunday Law Incidents

By S. B. Horton

THERE is considerable stir in Washington and Baltimore in behalf of a more liberal Sunday, to use a commonplace expression. With the coming of warm weather, when the people desire to be out seeking recreation and pleasure, those who furnish amusements and outdoor pleasures are pressing the authorities to interpret the Sunday laws more liberally, in order to meet the public demand.

Evidences of this are to be seen in a recent incident in Washington. A match game of baseball had been contracted by a local team with a club from out of town. The promoters of the enterprise appealed to the District Commissioners for a license, but were refused on the ground that baseball match games, as in the case of amusements, come under a prohibitive regulation passed by the commissioners under so-called police regulations. This was followed by an appeal to the courts for an injunction to restrain the commissioners from interfering with the ball game. A temporary injunction was granted by a local judge, and the case was set for trial on May 22. In the meantime, the promoters of the ball game carried out their program on Sunday, May 17. The following decision was handed down by Justice Gould, of the District Supreme Court:—

"The situation in the District of Columbia in reference to its government is unique. I know of no other community placed in the same situation. The Constitution of the United States in its most explicit terms vests all legislative power over the District of Columbia in Congress. A very interesting question is how far Congress can delegate power conferred by the Constitution to any person or body outside of Congress itself.

"I am very firm in the opinion that the language used in the joint resolution cannot be construed to apply to the general laws regarding Sunday labor. Is it not better that when we have a Sunday law, it be passed by the body which has legislative authority? I find no power granted broad enough to cover the act of the commissioners in enacting this regulation. The joint resolution of 1892 says the commissioners are authorized to make all such reasonable and usual police regulations.

"I cannot believe that this ordinance which we are now considering is reasonable. It is an offense against the Fourteenth Amendment of the Constitution in that it is unreasonable. I am not criticizing the commissioners in attempting to enforce it; they did their duty until it was up to the courts or Congress to construe otherwise. I will continue the injunction and issue a mandamus, if necessary, for the issuance of the license."

Leading up to his decision, the justice, in his introductory remarks, was understood as favoring Sunday legislation, and thought that Congress would be justified in passing the legislation necessary to prohibit amusements, baseball, etc., on Sunday. At this writing the local papers indicate that there will not be much advantage taken of this decision unless the public shows greater desire for Sunday baseball and amusements than now obtains. The churches in Washington devoted much of their Sunday morning services to protests against 'commercializing the Sabbath,' 'desecrating the Sabbath,' etc., by playing baseball and conducting amusements on Sunday. We quote the following from press reports of May 25 with reference to the Sunday agitation:—

"Mass meetings were held at First Congregational church, Mount Pleasant Congregational church, Ninth Street Christian church, Luther Memorial Congregational church, and at North Carolina Avenue Methodist Protestant church, Foundry Methodist Episcopal church, and at the Church of the Ascension. . . .

"Resolutions were passed by congregations condemning what they termed the desecration of the Sabbath, and asking for legislation to prevent Sunday sports, or for boycotts. . . .

"Most of the mass meetings were under the auspices of the Christian Endeavor Union. The meeting at First Congregational church was held by the W. C. T. U.

"Rev. Dr. McKim in his sermon urged 'a sane, not too rigid law.' He said the law should exempt such classes of religions as the Seventh-day Adventist and Jewish, where a day of rest is observed during the Christian week.

"It would be a blow to this city if amusements were allowed on Sunday as they are on week days. We should have all sorts of amusements. The city, unfortunately, already is lax in this respect. Laboring men should have a day of rest. This is a scientific fact. To allow unlimited amusements would turn Sunday into a day of commerce and merchandise. We should have a law on broad lines, sane, conservative, granting reasonable freedom, and yet preserving the character of the day. . . .

"Rev. Dr. Smith urged boycotting. For his part, he said, he would not go to a baseball game on one week day if Sunday baseball were played. He thought that law could not correct such a thing. He said: 'Public Christian sentiment is the proper remedy. All movements are controlled, not by law, which fails, but by public sentiment and education. If any one injures Sunday, let us avoid him. If they play baseball on Sunday, we should not go on Monday.'

"Rev. Dr. Brundage believed that Sunday was meant essentially for rest and quiet recreation. Recreation he differentiated from amusement by giving the definition that fitting recreation does not need a ticket taker or a 'team.' It is something, he said, that may be enjoyed without the help of others. . . .

"Rev. Dr. Brundage said, with Rev. Dr. Smith, that sentiment is rather to be agitated than legislation. There is a lack of unity, he declared, that is responsible for such amusements as Sunday baseball and vaudeville. 'There are millions of Christians in this country,' he said. 'If united, they could bring about anything they wanted to bring about. It is the lack of unity that permits Sunday amusements. The voice of the Christians is not heard. We are not willing, unfortunately, to give up baseball in order to have others take up observance of the Sabbath. The rank and file is not willing to sacrifice pleasure in order to accomplish reform.'

"The Men's Club of the Church of the Covenant requested the pastors of twenty churches to invite the Sunday school men's classes to join in action on the Sunday question. It was the asserted aim of the class to start a laymen's movement in all churches to oppose the extension of Sunday labor and to try to bring about a weekly rest day for all classes of employees. . . .

"Public sentiment is against Sunday baseball, the W. C. T. U. mass meeting claimed.

"While the ministers were loud in declaiming against the infraction of Sunday, all, however, commended the decision of Ben Minor, president of the Washington baseball club, and Manager Clark Griffith, not to play Sunday games unless the public demanded it.

"The Rev. Clarence A. Vincent, pastor of Mount Pleasant Congregational church, speaking at the Ninth Street Christian church, said Sunday baseball was unfair to a large number of fans with religious convictions. . . .

"The outcome of the church protestation is expected to be a petition to Congress to pass a law prohibiting Sunday baseball. Most of the meetings were called by members of the Christian Endeavor Union."

Agitation in Baltimore

The city of Baltimore is also in the midst of a campaign for a more liberal Sunday. An afternoon paper there contains such headlines as, 'All Baltimore Lining Up for Liberal Laws;' 'Leading Citizens Can See No Reason Why City Should Have Blue Sabbath;' 'Police Board Members Are to Stand With Those Against the Blue Laws;' 'Leaders of City Life Are Favoring Change;' 'Move Started by Leading Men in Legislature Given Renewed Impetus.' It is said that the State's attorney has taken the stand for a more liberal Sunday by declaring that the blue laws cannot be enforced.

This agitation in Baltimore was the outgrowth of the arrest of Captain Smith, of the convict ship 'Success.' This vessel, in the Baltimore harbor at the present time as an exhibit and curio, is of ancient character, and reminds visitors of the hardships and inhuman treatment endured by prisoners.

In connection with the Sunday law agitation, religious conferences in different parts of the country are adopting resolutions concerning a stricter observance of Sunday. Prominent among these is the following from the General Assembly of the Presbyterian Church, which met recently in Chicago:—

"That the General Assembly reiterates its strong and emphatic disapproval of all secular uses of the Sabbath day, all games and sport, in civic life as also in the army and navy, and all unnecessary traveling and all excursions, and urges upon all employers of labor and captains of industry to recognize the need of the laboring man for his weekly rest day, and thereby insure his greater efficiency and happiness, and the greater prosperity of both capital and labor. "That all families be urged not to buy anything on the Sabbath, to plan for their servants on the Sabbath, and to help them fulfill their religious duties,

and pay laborers so they may have Saturday afternoon to make provision for the Sabbath.

"That the General Assembly reiterates its emphatic condemnation of the Sunday newspaper, and urges the members of the Presbyterian Church to refuse to subscribe for it or to read it or to advertise in it."

Referring to the closing of the post offices on Sunday, effected by a measure passed by Congress in 1912, the General Assembly already mentioned went on record as indorsing that move, for moral and not financial reasons. It also went on record as deprecating the opening of the Panama-Pacific Exposition on Sunday.

So we may rest assured that the prophecy concerning the enforced reception of the mark of apostasy is being fulfilled, and it will not be long before the issue between the Sabbath of God and the Sunday of apostasy will have been joined. Now is our opportunity to give the truth concerning the Sabbath of Jehovah, the safety of which and of its observers is in his almighty hand, needing no aid from civil government.