BLUE IAW8 113 BIiXnB IAW8
covered place or on training days. The law against business were forbidden only between the hours of
taking tobacco was in force in Connecticut after sunrise and sunset. It was not until 1882 that trav-
the union of the three colonies: and strict provision eling on Sunday was allowed; but for many years
was made against games of chance and all sports before, that portion of the statute was not observed,
or ^mes requiring skill or luck. In 1^50 "the same In 1883 the owners of vehicles were permitted to
of Muffle board" was especially prohibited, ana any use them on Simday. Still any contract made on
imlawful game was forbidden. Of course such Sunday was void, and if anybody paid money on
indefinite descriptions of offences made it possible account of such contract, he could not recover it in
at times for the court to do great injustice. In case of breach. This last injustice was cured by an
1656 "games altogether unlawfm" were defined as act passed in 1889 providing that "no person who
"cards, dice, tables, and any other game wherein receives a valuable consideration for a contract,
that great and solemn ordinance of a lot is ex- expreaa or implied, made on Sunday, shall defend
pressly and directly abused and profaned.'^ The any action upon such contract, on the ground that
early settlers considered that the casting of lots it was so made, until he restores such consideration."
could be employed only for divine purposes, and like the laws against innocent games of chance,
that to use it for frivolous amusement or purpose the laws against Simday amusements have been so
of gain was forbidden by the word of God. Some- chani^ed in recent years as to give little cause for
times, however, the General Court itself provided criticism. They are not yet as liberal as they should
for lotteries. This was usually where the lottery be, and as they are in some jurisdictions; but
was held "for the encouragement of religion or common sense has begun to assert itself in regard
learning." In 1750 the prohibition of games was to the Simday in Connecticut; although when, in
n^e to include billiards, quoits, kayle, losgats, "or 1889. an effort was made to ameliorate the statute,
any other unlawful games or sport." Of course the hours of Sunday were lengthened and the fine
neither baseball nor lawn tennis was then invented for violation increased. Previous to that time no
or known and so escaped reproof. business could be legally done between sunrise and
But the people finally began to see the folly of sunset, under a fine of four doUars. In 1889 Sun- such legislation. "Common sense eventually as- day was made to extend from 12 o'clock Saturday serted its supremacy in such matters," says Judge night to 12 o'clock Sunday night, and the penalty Hammersly in the case of State vs. Miller, 68 Conn, for violating! the law was raised to fifty doUars. 376, "And legislation has ceased to stigmatize inno- The practice known as putting to the torture, an cent amusements as criminal, and legislative dis- old and frequent custom in European countries, cretion is no longer invoked to define those pious was mistakenly included among the Blue Laws of uses that may be potent to extract its inherent vice Connecticut, for the custom, while common in New from gambling." York, was never adopted in any part of 'Con-
The chief fault that has been found with the necticut. Burglary was punished by branding, a
Blue Laws is the severity of Sunday regulations, rule copied from Massachusetts. In New Haven
a fault has not yet been wholly remedied, but the letter B was burned on the hand, in Hartford,
the laws of Connecticut, although giving the title on the forehead.
of Blue Laws to such acts, were no more severe The sale of intoxicating liquors was regulated by
than those of other New England States. Even to law, but the laws on this subject were not rigid.
the early part of the nineteenth century the laws A reasonable license fee was provided for; but no
in force on this subject were as strict as they man was allowed to sell strong drink to an Indian
were in the Puritanic times. Every one was re- under severe penalties. In New Haven any man
quired to attend public worship on Sunday, unless might sell "beer or ale at a penny a quart or
prevented by a very grave cause, and was not only cheaper," without a license. Persons were forbidden
forbidden to transact upon that day any manner of the privilege of convening at the tavern on the
secular business on land or water, but was also evening next before and next after the Lord's day
denied all recreation, all traveling, except from or any public fasting day. Tavemers were forbidden
necessity or charity; and even the privilege of to allow persons to sit drinking or tippling for the
leaving his house, "Unless to attend upon the public space of more than half an hour at a time; and it
worship of God, or some work of necessity or was made the duty of the constable to enter the
mercy. These provisions were sternly enforced in tavern, by force if necessary, and see that the laws
the earlier days, and many attempts were made were not violated.
to avoid their manifest inconvenience. A story is The adoption of the 18th Amendment to the told of three men who had a pressing occasion to Constitution of the United States furnishes a sround drive from Saybrook to Hartford on a Sunday, for the making and enforcing of laws which may Constables were always on the watch for travelers, well be set in this class. The Volstead Act, fixing and these men knew they could not make the the content of one half of one per cent of alcohol journey in the usual way without being arrested; in any liquid to characterize it as an intoxicating so whenever they approached a village one of the beverage, makes the law a very rigorous one. men lay down in the carriage, covered oy a blanket. While the ratio was proper for purposes of excise, as if very sick, and another went forward making for which it was intendea in the first place, it seems anxious inquiries where he could dispose of a man unreasonable for the purpose of characterizing a suffering from an attack of small-pox, pointing at liquid as intoxicating. Indeed there is nothing in the same time to his companions in the camase. the ancient codes of New England so severe or The inhabitants, fearing that their town would be more in the nature of a Blue Law. And the pun- burdened by the care of a case of small-pox, drove ishments provided are much greater than in the the three travelers to the next town. There the case of crimes which are evil in themselves. A fine same ruse was enacted, and in this way the men of not more than $200.00, or imprisonment of not arrived in Hartford without being taken for viola- more than thirty days or both, is imposed for the tion of the Sunday law. This story may not be first offense of selling, keeping, or offering liquor historically true, but it illustrates how the inhabi- for sale, or manufacturing with intent to sell; for tants sometimes broke their own rigid law with the second offense the fine may be $1,000, or im- impunity. prisonment for six months or both; and for the
By these early statutes work and pleasure and third offense, a ^,000 fine, or imprisonment of
