State v. Mead

• Decision Date: 12 November 1941
• Docket Number: 45641.
• Citation: 300 N.W. 523,230 Iowa 1217
• Parties: STATE v. MEAD et al.
• Court: Iowa Supreme Court

300 N.W. 523

230 Iowa 1217

STATE v. MEAD et al.

No. 45641.

Supreme Court of Iowa.

November 12, 1941

Appeal from Municipal Court of Clinton; W. A. McCullough, Judge.

Upon trial to a jury defendants were convicted of desecration of the Sabbath. They appeal.

Reversed.

Harold Metcalf, of Davenport, A. P. Barker, of Clinton, and Hayden C. Covington and Joseph F. Rutherford, both of Brooklyn N.Y., for appellants.

John M. Rankin, Atty. Gen., and Jens Grothe, Asst. Atty. Gen., for appellee.

OLIVER, Justice.

Section 13227, Code of Iowa 1939, provides in part as follows " Breach of Sabbath-exceptions . If any person be found on * * * Sunday, * * * or in any manner disturbing a worshipping assembly or private family, or in buying or selling property of any kind, or in any labor except that of necessity or charity, he shall be fined * * *."

The information charged that on Sunday, December 8, 1940 appellants did desecrate the Sabbath in this: " That they did go from door to door in the city of Clinton knocking on the doors and ringing doorbells, arousing persons early in the morning to the disturbance of private families: That they did sell and attempt to sell literature on Sunday" in violation of Code Section 13227.

The record shows appellants are members of an organized religious order or group, each member of which carries a certificate which recites that they are commanded by the Bible to preach the gospel and worship by calling upon the people at their homes and exhibiting to them the message in printed form. The acts charged in the information occurred between 10 a. m. and 1:30 p. m., on said Sunday. Appellants went singly to the doors of various homes in Clinton, at which they made known their presence by knocking or ringing doorbells. If granted admission, they sought, by word of mouth and printed booklets and, in some instances, by playing recorded transcriptions on a phonograph, to disseminate the doctrines and teachings of the order. At such homes, as well as those to which admission was not secured, householders were offered small packages of the booklets for which they were asked to contribute or pay the sum of 10 cents. If they declined, a booklet was offered them without charge.

These booklets were of a religious nature though not free from derogatory statements concerning other religions and orders and other organizations which did not subscribe to appellants' ideas of the " true faith" . However, there was no showing in this case that appellants' acts constituted or incited any breach of the peace. Nor was that the charge against them. They were charged only with the offense of desecrating the Sabbath and this appeal is from their conviction upon said charge.

The primary purpose of this statute is to secure for the people in general a regular day of repose and quiet. An exception is made to the relatively small number who conscientiously observe Saturday as the Sabbath. The statute also encourages the...