Opinion

State v. Fass

  • 36 N.J. 102
  • 175 A.2d 193
  • 1961 N.J. LEXIS 250
Court
Supreme Court of New Jersey
Filed
Nov 6, 1961
Status
Published
Author
Jacobs
On the bench
Erancis, Weietkaub, Jacobs, Schettino
Cited by
6 cases
Authority
More cited than 13.0%

Sunday closing law does not violate equal protection clause

How later courts described this case

  • Sunday closing law does not violate equal protection clause

Written by the judges who cited it.

The opinion

Jacobs, J.

(dissenting). During oral argument the State acknowledged that the word “openly” in the statute was not to be ignored but was to be given meaning. Though it did not define them, it conceded that some Sunday sales on the premises by the defendant would not be violative of the statute. The concession has been ignored and the majority has given no effect whatever to the word “openly”; it seems to me that this departs from well settled principles of statutory construction. See Hoffman v. Hock, 8 N. J. *127 397, 406 (1952); O’Rourke v. Board of Review, 24 N. J. 607, 610 (1957); In re General Assignment for Benefit of Creditors Xaviers, Inc., 66 N. J. Super. 561, 576 (App. Div. 1961); Evans v. Ross, 57 N. J. Super. 223, 229 (App. Div. 1959), certif. denied 31 N. J. 292 (1959). The dissenting opinion by the Chief Justice seeks to give fair meaning to the word and I subscribe to the conclusion he has reached. Since that leads me to a reversal of the defendant’s conviction I find no present occasion for dealing with the existence and scope of any constitutional requirements that seventh day observers be afforded exemptions from Sunday legislation. See Brennan and Stewart, JJ., dissenting in Braunfeld v. Brown, 366 U. S. 599 , 81 S. Ct. 1144 , 6 L. Ed. 2d 563, 570 (1961).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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