407. Profanity, Proof, Excuse.—The profanity must be in the hearing of some person.[725] Every time a person profanely swears by taking the name of God in vain is a separate offense.[726] The prisoner's confession is sufficient proof; otherwise the prosecution must show that the offense was committed and some one heard the words.
Drunkenness is no excuse.[727] Punishment by fine or imprisonment is not in violation of the constitution of the State or of the United States.[728]
408. Sunday, Business, Fishing.—The offenses against the Sunday law are so numerous that it would be almost impossible to review them within the limits of this work. Of course, the carrying on of a man's ordinary business is a violation of the Sabbath laws. But in some States selling cigars,[729] a butcher selling meat,[730] and even selling soda water,[731] and ice cream,[732] as well as fishing, traveling, driving, using a slot machine,[733] and almost every other imaginable act excepting going to church, has at some time and in some State been declared a violation of the law, and a penalty imposed therefor.
In California,[734] Tennessee,[735] and Washington,[736] men may be shaved on Sunday. In [pg 217] some other States it has been held that running a barber shop on Sunday is a violation of the law.[737]
409. Charity, Necessity, Benefit, Pleasure.—However, doing works of charity and works of necessity usually are exempt. What is a work of necessity is a question of law. Charity includes whatever proceeds from the sense of moral duty or a feeling of kindness and humanity, and is intended wholly for the purpose of the relief or comfort of another, and not for one's benefit or pleasure.[738]
410. Contracts, Marriage, Notice.—The common law made no distinction between Sunday and any other day as to making contracts, but it prohibited holding court. In this country the statutory law invariably prohibits any but works of necessity or charity to be done on Sunday. But marriage settlements,[739] publication of statutory notices on Sunday,[740] and promises to marry, have been held legal.[741]
411. Funeral, Physician, Subscriptions.—To attend a funeral, to employ an undertaker, or a physician, on Sunday, has been tested in the courts, and finally decided to be works of necessity or charity and not a violation of the Sunday law. Also, subscriptions made for church purposes and in works of charity on Sunday have been held legal and binding.[742]
412. Jews, Seventh-Day Observers.—In several of the States it has been held that Jews and Seventh-Day observers of the Sabbath must obey the Sunday law.[743] However, in many States there is a statute expressly exempting people who keep the seventh day of the week; but still they sometimes have a provision, unless “he shall wilfully disturb thereby some other person or some religious assembly on said day.”
413. Societies, Secular Work.—Business meetings of benevolent and church societies for benevolent or church work may be held on Sunday. Even the constitution of such societies may be amended on Sunday. However, secular work that does not come strictly [pg 219] under the functions of such societies would be unlawful.[744]
414. Sunday, Begins, Ends.—Usually people believe they know what the word Sunday means, when it begins, and when it ends. Christianity usually recognizes the time from midnight to midnight as Sunday, and that is the usual time recognized by law.[745] But the solar day only,[746] or from midnight to sunset,[747] give us a variety which may not be complete. Also, we have the further anomaly of a note made at 2 o'clock on Saturday night, being held valid.[748]