*396.* _Sins, Crimes, Discipline._—Crimes are offenses against the civil
law. The fact that the church organization may try and punish a member for
sinning, or acquit him, has nothing whatever to do with the administration
of the criminal law of the State. Therefore, a member may be arrested and
tried for any offense before or after the ecclesiastical tribunal has
taken action in the matter. But there are certain crimes of a religious
nature of which the civil law assumes jurisdiction and punishes, such as
blasphemy,(698) disturbing religious meetings,(699) etc. Most of those
laws are statutory and depend wholly upon the statute of the State where
the crime is committed.
*397.* _Profane Language, Smoking, Disturbance._—Rude behavior or profane
language if audible,(700) smoking in the church or during services,(701)
cracking and eating nuts in church,(702) and fighting near the church so
as to disturb the services, are violations of the law.(703) A father’s
taking his child out of the church with violence is a disturbance of the
meeting.(704) The disturbance of any member of the congregation assembled
for religious worship is a violation of law.(705) A sentence of $100 fine
or one year’s imprisonment in the penitentiary, is not excessive or cruel
or unusual punishment on conviction for disturbing a meeting.(706)
*398.* _Sunday-School, Church._—An ordinary Sunday-school where the Bible
and religious precepts are taught, is a church within the law.(707)
*399.* _Private School._—A person may be punished under the statute for
wilfully disturbing a private school kept in a district schoolhouse for
instruction in the art of writing.(708)
*400.* _Disturbing a Religious Meeting._—Under a statute against
disturbing a religious meeting, it has been held that it should define
what disturbance is punishable.(709) Also, mere want of attention or
observance of ceremonies, as standing or kneeling at times, is not a
violation of the law.(710) Neither is singing out of time, unless done
purposely,(711) nor performing a proper duty, such as objecting to a
silenced clergyman’s conducting the services.(712)
*401.* _Common Law, Offense, Statutory Law._—If there is no statutory
provision, in those States where the common law prevailed before the
admission of the State to the Union the offense is punishable under the
common law.(713) And even in States where there is a statutory law on the
subject, a person may be convicted at common law.(714)
*402.* _Services, Violation, Time._—The nature of the services and the
discipline of the denomination may determine whether there is a violation
of the law. Usually the disturbance may occur at any place the
congregation is assembled, and at any time when any part of the
congregation is assembled for religious services or business.(715)
*403.* _Force, Priest, Preserve Order._—A congregation may use sufficient
force to remove a disturber.(716) A Catholic priest who is the conductor
of religious services and master of ceremonies within his church has the
right to preserve order and to remove by force, if necessary, any person
who disturbs his services.(717)
*404.* _Interrupt, Liquors, Traffic._—There are statutes in most of the
States making it a penal offense to interrupt or molest any assembly or
meeting of the people for religious worship, or to sell intoxicating
liquors or other articles of traffic within a certain distance of any
camp-meeting or other religious assembly, except at a place of business
regularly established prior to such meeting or assembly and not with
intent of evading the provisions of the law.(718)
*405.* _Theory, Blasphemy, Crime._—On the theory that the United States is
a Christian nation, blasphemy is held to be a crime.(719) Infidels
naturally claim that it interferes with their rights. However, there is no
more interference with the private rights of the infidel than there is
with the private right of the Mormon who is forbidden to violate the laws
of the country by having a plurality of wives; and it has been held that
any words importing imprecation for divine vengeance may constitute
profane cursing or blasphemy.(720)
*406.* _Religion, God, Ridicule, Virgin._—Words vilifying the Christian
religion,(721) denying God or the final judgment,(722) and profane
ridicule of the Holy Scriptures or of Christ,(723) are usually punishable.
Also, the use of vile words applied to the Virgin Mary is blasphemy.(724)
*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 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 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)
*415.* _Religious Liberty, Law._—The constitutional guarantee of religious
liberty is not violated by enforcing the Sunday law.(749)
*416.* _Necessaries, Doctor._—As a parent or husband is obliged to furnish
necessaries for his children and wife, when medical treatment becomes
necessary, he is liable for manslaughter for failure to do his duty, even
in case of religious disbelief in the efficacy of medicine. Courts are not
inclined to make any distinction as to religious belief, and the
prevailing rule in this country is that the parent is liable if he
negligently allows his child to die when it might have been saved by the
services of a doctor.(750)
*417.* _Christian Healer, Consent._—A Christian healer can not be held
liable except under a State law. One who consents to treatment has no
action for damages unless there is a failure to exercise the care and
skill of a Christian Scientist. This rule might not apply to one
incompetent to consent to a contract.(751)
*418.* _Politics._—A minister who had been expelled by his congregation
for voting the Democratic ticket, had some of the members of the church
arrested under the election laws for intimidating a voter. The court held
that as he “suffered no pecuniary loss, personal injury, or physical
restraint,” no crime was committed.(752)
*419.* _Mail, Obscene Language._—Under the United States postal laws
against sending “obscene, lewd or lascivious” books or papers through the
mail, a person can not be convicted without proof that the matter is
obscene, lewd, and lascivious, as the word “or” should be construed to
mean “and.” Also, the court held that a newspaper article on the doctrine
of the Immaculate Conception written in coarse and obscene language that
offended the religious sentiments of the people, but had no tendency to
induce sexual immorality, did not render the newspaper unmailable nor the
publisher guilty under the United States statutes. The court says: “Those
parts of the article most relied upon to sustain the charge, though
ostensibly a discussion of a religious subject, are couched in language
not quite suitable for insertion in a judicial opinion, however well
adjusted to such applause as might be expected from taste of a certain
degree of degradation.”(753)
*420.* _“__Fair,__”__ Chances, Gambling._—A church “fair” at which chances
are sold, drawings had, or any game of chance permitted, is illegal and
may be punished as gambling.(754)