Brief by Jewish Groups to Supreme Court Anti-Semitism Erupts in Argentina;
Jewish Youth Shot in School Riot;
Holds Sunday Laws Unconstitutional
cause they in effect penalize for example, "is far less likely
(Continued from Page 1)
to disturb the peace and repose
Citing early Massachusetts individuals whose religion re- of the neighborhood than the
and Pennsylvania statutes, be- quires them to observe some numerous professional sports
ginning with the time of the day other than Sunday as their permitted."
Massachusetts Bay Colony and Sabbath.
It dismisses as "cavalier" the
Discussing the capriciousness
William Penn, the brief con-
cludes that the religious origin ruling of a Massachusetts court and unreasonableness of the
of the present Sunday laws in that "anyone who deems an- Sunday laws, the brief asks:
day more suitable for rest
"What reason can lie behind
both states "is hardly contro- other
or worship may devote that day a law which, zs the Massachu-
vertible.'
to the religious observance
Recent attempts to interpret which he deems appropriate." setts statute toes, permits the
these laws as welfare measures, Such a costly alternative to con- sale of tobacco on Sunday but
for the purpose of ensuring at formance with the Sunday law prohibits the sale of foods? Why
least one day of rest in seven, constitutes virtual compulsion, should it be possible to sell
the brief calls "unreal, border- the brief argues, since many confectionary on the Lord's Day
ing in fact upon the fictitious." small Sabbatarian merchants are but not meat? Is it less tiring
In support of this contention, afforded only the choice of giv- to sell gasoline and oil than it
is to sell lamb chops that the
it points out that
ing up their means of livelihood former should be allowed and
(1) The Massachusetts law or compromising their religious the latter forbidden? Why
still designates the day on which convictions.
should the wholesale dispositor
certain activities are forbidden
This makes the law uncon- of fish be lawful and the retail
not as Sunday, but as "the stitutional, the Jewish organ- disposition of the same fish
Lord's Day."
izations maintain, under the unlawful? Why should a boot-
(2) Both the Massachusetts First Amendment which, they black be permitted to ply his
and Pennsylvania laws permit assert, protests 'the free, not trade on Sunday before 11 a.m.
sports events after 1 or 2 p.m. the purchased exercise of reli- but a barber not at all?
on Sunday. This limitation, the gion."
"If the sale of 'frozen des-
Pointing out that the Supreme
brief shows, is designed to
serts and/or frozen dessert mix'
"avoid competition with church C ourt has twice declared uncon- is allowed on the ground that
stitutional the imposition of a
services."
they are perishable, why is the
(3) "The Sunday laws do not license tax for preaching, the sale of even more perishable
in fact require anyone to rest brief argues that "the financial uncooked meat forbidden? Why
on Sunday." They merely forbid sanction imposed by a state for should it be licit to make butter
certain trades, businesses and observing a day other than Sun- and cheese on Sunday but illicit
occupations from being pursued day as holy time is certainly to sell it? What justification can
on that day. Thus a person who more serious economically" explain a statutory distinction
works six days at an occupation than such a license fee and is between 'unpaid - work on pleas-
forbidden on Sunday may work therefore surely not less un- ure boats' and equally unpaid
Sunday also at an occupation constitutional.
work on pleasure land vehi-
not- forbidden. One passage in • The fact that a law restricts cles?"
religious
freedom
does
not
by
the Massachusetts law, indeed,
"We respectfully submit," it
encourages seven days work .a itself make it unconstitutional, concludes, "that the . . . laws
week by permitting the sale of the brief recognizes, if the law are so lacking in any appear-
tobacco on Sunday only by can be shown to be necessary ance of rationality in respect
"newsdealers whose stores are in the public interest. This can- to the distinction between ac-
open for the sale of newspapers not be shown in regard to the tivities permitted on Sunday
Sunday laws, the Jewish or-
every day in the week.
and those prohibited and with
(4) A law concerned with ganizations contend.
Any hazard to health result- respect to persons permitted to
health and welfare would not
engage in business on Sunday
necessarily designate "the ing from uninterrupted labor and those forbidden to do so
can
be
practicably
avoided
with-
Lord's Day" as the required day
that they must be adjudicated
of rest. This is shown by the out infringing upon religious completely arbitrary. Their en-
freedom,
either
by
requiring
an
fact that both Massachusetts
forcement, therefore, constitutes
and Pennsylvania, as well as unspecified day of rest or by both a deprivation of liberty
other states, have separate laws exempting from Sunday laws and 'property without due pro-
regulating the number of days those who observe another day, cess of law and a denial of the
and hours that persons may they submit.
The laws cannot be justified equal protection of the laws "
work in any one week.
However, even should the as necessary to prevent inter-
laws be deemed welfare laws ference with the basically reli-
and not essentially religious gious character of Sunday, they
laws, the brief contends, they maintain, because the retail sale
are still unconstitutional be- of food (which is forbidden)
Interior Minister Condemns Outrage
BUENOS AIRES — Alfredo
Vitolo, Argentine Interior Min-
ister, denounced Tuesday the at-
tack last week by nationalist
anti-Semitic student gangs on
"groups of Jewish students at
the Sarmiento National High
School here in which one Jew-
ish student was shot and seri-
ously wounded.
Dr. Vitolo declared that "we
will not tolerate the spectacle
of religious and racial struggle"
as doctors reported the condi-
tion of the wounded student,
Manuel Trilnik, to be improv-
ing. He was shot under the
heart.
The Interior Minister said he
had ordered an investigation of
the attack in which a number
of students of the Buenos Aires
Catholic University took part.
He expressed the opinion that
the Tacuara movement to which
the student assailants belong
was formed of former members
of the Peronist movement and
other nationalists.
Condemnation of the attack
also was formally expressed by
officials of Buenos Aires Uni-
'
'
versity. The Argentine Jewish
representative organization
DAIA had charged folloWing
the attack last Thursday that
federal and local authorities had
consistently ignored DAIA
warnings about conditions in
the school which culminated in
the assault.
The assailants had shouted
"LOng live Eichmann" as - they
waylaid the Jewish students in
the street.
The DAIA said it had notified
Dr. Vitolo and police officials
that Jewish students had been
threatened and asked the . au-
thorities to take preventative
action, a proposal the DATA
said the officials had - ignored.
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Ben-Gurion Discloses Purchase
of Special Military Equipment
.
JERUSALEM (JTA)—Prime
Minister. David Ben-Gurion dis-
closed at a special session of
the Knesset that Israel recently
acquired, after "great efforts,"
a certain type of military equip-
ment obtainable from only one
country in the world.
He did not disclose the na-
ture of the equipment or the
country. Ben Gurion said the
equipment is needed to counter-
act enemy preparations against
Israel.
The Prime Minister made the
disclosure When -he announced
he was assuming responsibility
for the government's presenta-
tion of a supplementary budget
last winter while the Knesset
was still debating the regular
allocations for the current year.
Finance Minister Levi Eshkol
has been under sharp criticism
for the request for the new
levies. -
Ben-Gurion took the floor in
his capacity as Defense Min-
ister to share new denuncia-
tions of the Finance Minister.
He said it was his moral duty
to disclose that vital security
needs were at stake when he
IF YOU TURN THE
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demanded funds beyond the
original budget estimates.
He told the Knesset that
Israel then urgently needed to
strengthen the equipment of
two branches of Israel's de-
fenses. He then summoned a
special Cabinet meeting, he
said, and after asking the entire
government to assume responsi-
bility for the situation, he re-
ceived unanimous Cabinet sup-
port for his decision to seek
supplementary funds.
The special Knesset session
had been convened at the re-
quest of opposition parties to
seek repeal of the new levies
which were imposed by the
Treasury one day after the
Knesset was recessed. The
Knesset voted to send the mat-
ter to a committee.
Israel Ceremony Starts
Student Center Project
(Direct JTA Teletype Wire
to The Jewish News)
JERUSALEM — The corner-
stone for an international stu-
dent center project, sponsored
by the American Women's
League for Israel, was laid
Monday at the Hebrew Univer-
sity.
The ceremony for the center,
which will cost $350,000, was
attended by Mrs. Rachel Ben-
Zvi, wife of Israel's President,
who recalled the early days
of the League's activities in
Israel and thanked Mrs. Harry
Cahane, president of the Leag-
ue, for the organization's con-
tinued interest in Israel. •
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