Chapter XXXII · Crimes

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 [pg 212] 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 [pg 213] 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

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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 [pg 215] 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.

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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

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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

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 [pg 220] 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 [pg 221] 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

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