State ex rel. Hoffman v. Justus

• Decision Date: 05 February 1904
• Docket Number: 13,785 - (218)
• Parties: STATE ex rel. P. G. HOFFMAN v. PHILIP C. JUSTUS
• Court: Minnesota Supreme Court

98 N.W. 325

91 Minn. 447

STATE ex rel. P. G. HOFFMAN v. PHILIP C. JUSTUS

Nos. 13,785 - (218)

Supreme Court of Minnesota

February 5, 1904

Writ of habeas corpus issued from the district court for Ramsey county upon relation of P. G. Hoffman, who was arrested and detained by defendant, as sheriff of said county, on the charge of publicly offering for sale and selling groceries on Sunday, in violation of chapter 362, Laws 1903. Upon the hearing before Jaggard, J., the writ was discharged whereupon relator appealed to the supreme court. Writ discharged.

SYLLABUS

Sunday Law.

Chapter 362, p. 652, Laws 1903, which prohibits the keeping open of butcher shops for the sale of meats and other business places on any portion of Sunday, while it authorizes confectionery and tobacco to be sold in an orderly manner on that day, held not to be such an unreasonable discrimination between these several occupations as to invalidate the law for violation of sections 33, 34, art. 4, of the Constitution of this state prohibiting special or class legislation.

Lawler & Arnold, for appellant.

W. B. Douglas, Attorney General, and T. R. Kane, County Attorney, for respondent.

OPINION

LOVELY, J.

Habeas corpus proceedings to determine the legality of petitioner's imprisonment upon a complaint under chapter 362, p. 652, Laws 1903, which prohibits the sale of articles of merchandise on any portion of the Sabbath day. Under a proper complaint petitioner was convicted of the offense charged, and is held upon a warrant issued thereon. The objection to petitioner's detention rests upon the ground that this statute is invalid, as contravening the provisions of sections 33, 34, art. 4, of the State Constitution, prohibiting partial or class legislation. The act under which petitioner was convicted reads as follows:

"All manner of public selling or offering for sale of any property upon Sunday is prohibited, except that meals may be sold to be eaten on the premises where sold or served elsewhere by caterers; and prepared tobacco in places other than where spirituous or malt liquor or wines are kept or offered for sale, and fruits, confectionery, newspapers, drugs, medicines and surgical appliances may be sold in a quiet and orderly manner: provided, however, that nothing in this section shall be construed to allow or permit the public sale or exposing for sale of uncooked meats, fresh or salt, or groceries, dry goods, clothing, wearing apparel of any kind, or boots or shoes."

While it is necessarily conceded that, as a police regulation, the law prohibiting work on the Sabbath is within the scope of legislative power and authority, it is insisted for petitioner that this statute involves and authorizes a discrimination for a favored class, which is so unreasonable as to convict the Legislature of gross partiality in its adoption; that its provisions prohibit the sale of meats on the morning hours of Sunday, which had been previously permitted under section 6517, G.S. 1894 (Pen. Code, § 223), which is regarded as especially obnoxious to the retail city butchers, who are particularly interested in these proceedings, since the provision in the act abrogates the privilege previously conferred, but retains the right of dealers to sell fruit, confectionery, newspapers, drugs, medicines, and surgical instruments in a quiet and orderly manner.

It is insisted that there is no intelligent or apparent reason for these distinctions in the classes referred to. The right to dispose of drugs, medicines, and surgical appliances is so clearly a necessity in favor of health and life that it is not suggested that by this exception the vendors of these articles are improperly favored in the act, or that newspapers may not be properly sold, but that there is no reason why cigars, candy, and tobacco in packages can be sold on Sunday, while uncooked meats, which are as much of a necessity, are restrained and forbidden.

The consideration of this subject is not entirely new. Section 6513, regulating labor on Sunday, was passed upon by this court when we have held that...