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can work all the time and live as long as if he were to observe days of rest. If one were to work all the time he would soon break down, and might become a burden on the public. If war should come and the government need his service, he would be an unfit soldier, because of his worn-out physical condition. It is for these reasons that laws are made for the observance of Sunday as a day of rest. The law could provide that this day of rest should be Wednesday or any other day of the week, just as well as Sunday; but as a very great majority of the people of this country voluntarily observe Sunday as a day of rest, the law has wisely fixed that day as an enforced day of rest; and thus much contention and friction is avoided. The constitution further provides that "No money shall be drawn from the treasury for the benefit of any religious or clerical institutions." This prevents the Legislature voting any money to any church or religious organization; and if it were to attempt to do so, the law would be void. Another clause provides that "No religious test shall be required as a qualification for any office of trust or profit." In former years, in other countries, no one could hold an office under the government unless he belonged to the established church; and thus many worthy people were debarred or prevented from holding office. It was to prevent any laws having this end in view that this provision was inserted in the constitution.

7. Witnesses-Oaths.

The constitution provides that "No person shall be rendered incompetent as a witness in consequence of his opinions on matters of religion." In former days, in other countries, laws prevailed which prevented the use of any witness in any case who did not believe in the Christian religion; and while

- there might be many persons who knew all about the facts in the case, yet if they were not Christians they could not tell it in court at the trial. This had the direct effect to prevent the telling of the truth at the trial, and often brought about a failure of the courts to do justice. Another clause provides that "The mode of administering an oath or affirmation shall be such as may be most consistent with and binding upon the conscience of the person to whom the oath or affirmation may be administered." Under this provision in our courts a Chinaman, although we may call him a "heathen," because he is not a Christian, may be sworn as a witness to tell the truth as readily as any one else. An "affirmation" is the same as an oath, only differing from it in some of its wording. When a person is called as a witness in a trial in court, either the judge or clerk of the court administers this oath to him: "You do solemnly swear that you will tell the truth, the whole truth, and nothing but the truth in the case now on trial. So help you God." But ocasionally a person objects to the use of the word "swear," and he is then required to affirm. This affirmation is as follows: "You do solemnly affirm that you will testify to the truth, the whole truth, and nothing but the truth; and this you do under the pains and penalties of perjury." But in the clause quoted the constitution recognizes other methods of administering an oath or affirmation, by providing that the mode of administering it "shall be such as may be most consistent with and binding upon the conscience of the person to whom it is administered." While it is seldom done, yet the oath that is most binding on the witness may be administered to him, whatever its form or whatever ceremony may be necessary to use in administering it. By the use of the words "pains and penalties of perjury," is meant that the witness testifying has

before him the fear that if he do not tell the truth he will be punished by imprisonment in a prison.

8. Free Speech.

The right to "free speech," whether in writing or speaking, has always been recognized as a very valuable thing in a free government. This right is secured to us in the provision that "No law shall be passed restraining the free interchange of thought and opinion, or restricting the right to speak, write or print, freely, on any subject whatever; but for the abuse of that right every person shall be responsible." This clause secures the liberty of the press and its right in the public prints or newspapers to discuss and criticise all matters of government and all governmental acts and deeds. Any one may discuss and criticise all public measures. Indeed, he may discuss or write about any man's private affairs, however bad taste or improper it may be, so long as he tells the truth. But if he discusses a man's private affairs and thereby injures his character, or damages him in his reputation or property, he will be liable to pay such man the damages he has suffered, unless only the truth has been told about him. It is by the use or telling of a falsehood that is meant the "abuse" of free speech. A "slander" consists of spoken words which are untruthful; but if the same words are put into writing or print they are a "libel," and this is all the difference there is between a slander and a libel. If one be sued for libel or slander, he may always show, if he can, that the words said to be libelous or slanderous is the truth; and if he prove that, it will be a complete defense. 9. Unreasonable Search or Seizure.

The constitution provides that "the right of the people to be secure, in their persons, houses, papers, and effects,

against unreasonable search or seizure shall not be violated." In England, in early days, the officers of the government were often over-bearing and tyrannical; and to secure evidence of suspected treason or guilt in persons accused they would, with force, seize these persons, their papers and effects, and intrude themselves into their homes for that purpose. In time laws were put in force to prevent this; and in this clause just quoted we have the result of all these laws. But a person suspected may be arrested, his papers and effects seized and house searched, if some one will make oath before a magistrate authorized to issue a warrant or order for the arrest of such person, or seizure of his papers and effects, or search of his house, that he believes such person has committed a crime, describing what it is, and where the articles stolen or taken are concealed. When this is done, the magistrate issues the warrant or order for the arrest or for the search and seizure of the articles. This is called a "Search

Warrant."

10. Courts Must Be Open.

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"All courts," provides the constitution, "shall be open; and every man, for injury done to him in his person, property, or reputation shall have remedy by due course of law. Justice shall be administered freely, and without purchase; completely, and without denial; speedily, and without delay." This secures to every man a remedy for any legal injury he has suffered in person or property, and a trial. All trials, of course, are public; and if a man were denied a public trial, it would be such a wrong that the Supreme Court would set it aside, if the man thus denied were to invoke its aid. It is one of the boasts of our race that our courts give or administer justice without being bribed to do so, as was not the

case hundreds of years ago in corrupt times; and this clause now secures it beyond a doubt. Not only is an injured person entitled to relief, but he is entitled to full or complete relief, without any denial; quickly, and without delay. He must, however, await his turn in court, if there be more cases than one, even if it take months to reach his case; for other suitors have just as good rights as he to have theirs cases tried.

11. Rights of the Accused.

Whenever a person is accused in court of having committed a crime, he has the right to a public trial, and by an impartial jury, if he desires it. He also has a right to a trial in the county where it is charged that the offense was committed; but this right he may waive if he see fit; and have the case sent to another county for trial. But unless he consent to its trial in another county, the State must try it in the county where the crime was committed, and cannot ask to have it sent to another county. He has also the right to be heard both by himself and counsel if he desire it, and "to demand the nature and cause of the accusation against him, and to have a copy" of the instrument containing this accusation or charge. He also has a right to insist that all witnesses against him shall be called to testify in open court before him, to meet him "face to face;" and to a writ or order of court issued to compel all witnesses he may desire to testify for him to appear in court at the trial and testify or give in their evidence under oath. All these are great barriers thrown around an accused person to secure him a fair and just trial. But there are other barriers or guards thrown around him for his protection. For instance he can only be tried once for the commission of the same offense. But if he be tried and convicted, and then obtain

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