upholding Sunday Closing Law, N.J.S.A. 2A:171-5.8 et seq. pursuant to which certain commercial businesses were forced to close on Sundays
How later courts described this case
- upholding Sunday Closing Law, N.J.S.A. 2A:171-5.8 et seq. pursuant to which certain commercial businesses were forced to close on Sundays
- 6 Justices + 1 judge temporarily assigned
- upholding Sunday closing law which proscribed only the sale of certain types of goods
- extolling virtue of "test of common sense" in resolving disputes
Written by the judges who cited it.
The opinion
Sullivan, J.
(concurring). As the majority opinion notes, the constitutionality of Sunday closing legislation has been consistently upheld. My problem is with the classifications of goods which may not be sold at retail in those counties of the State which have adopted the provisions of the statute by referendum vote.
Because of the generality of the classifications made, I doubt whether, realistically, the law is capable of enforcement against those retail businesses which are more interested in circumventing the statute than in attempting to comply with its provisions. Despite these doubts, I would uphold the statute as written. Fot only does it represent a declaration of legislative policy, but, as noted, becomes operative in a county only when adopted by the people by referendum vote. In the ten counties in which the statute is presently in effect, there is always the right to have the question of the applicability of the statute resubmitted to the electorate at the next general election.
If retail businesses are confronted with problems in the interpretation and application of the statutory classifications, this is a matter for legislative attention. The judiciary should not attempt to impose its own concept of what is socially desirable. Subject to the foregoing, I join in the majority opinion. Justice Clifford joins in this opinion.