54 Mo. App. 310 | Mo. Ct. App. | 1893
— Defendant was indicted, tried and found guilty of working at his trade as barber on Sunday contrary to the statute; and from a judgment thereon he has appealed to this court.
The evidence unquestionably shows that on the Sunday in question the defendant was engaged in running his barber shop at Moberly in the ordinary manner; was himself working at his trade shaving customers as they came in. There were but two witnesses on the stand and they agree that the defendant was engaged- at his labors as usual, and that they noticed no difference in the customary appearance of things, except that perhaps the blinds were down. These two parties were shaved, and others were served by the defendant before and after such witnesses were. Clearly then defendant was engaged in work or labor on the statutory Sabbath day. Was such work within the exception, was it a work of necessity such as the law permits? Defendant’s counsel insists that it was, and herein rests the sole defense. The judge below trying the case without a jury held that the work so done by defendant did not come within the exception, was not a necessity. We think the decision was correct under the law.
It is hardly possible to give such a definition of necessary work as will meet thp requirements of different cases. The futility of the effort to gather this from adjudicated cases will be readily seen by a reference to the decisions. Ringgold’s Law of Sunday, pp. 230, et seq., and cases cited. It is not enough that it shall
The argument of defendant’s counsel, to the effect that as one might shave himself on the Sabbath day without infringing the law the same party might lawfully secure the services of another for the like purpose, is more specious than sound. A party may shave himself as he would take a bath or wash his face and it would not be understood as labor or work,' but when the barber opens up his shop and there follows his
From what is here said it will be seen that we approve the court’s action in refusing the declaration of law offered by defendant.
Our conclusion then is, that the usual employment of a barber followed on Sunday as during other days of the week is the performance of work prohibited by the statutes of this state, and that defendant under the circumstances of the case was clearly guilty, as was declared by the lower court.
It is entirely improper for us to animadvert on the propriety of this statute. We are not here to say what the law ought to be or to assert that barber work' ought to come within the exceptions to the law for the observance of the Sabbath. ,It is our duty to declare the law as we find it, and- leave the wisdom or policy of the statutes to the legislative branch of government.
The judgment will be affirmed.