Ex parte Jentzsch

Petitioner was convicted under section 310-J of the Penal Code, which is a new section, enacted in 1895, and "which provides as follows: “Every person who as proprietor, manager, lessee, employee or agent keeps open or conducts, or causes to be kept open or conducted, any barber-shop, bath-house and barber-shop, barber-shop of a bathing establishment or hair-dressing establishment, or any place for shaving or hair-dressing used and conducted in connection with any other place of business or resort, or who engages at work or labor as a barber in any such shop or establishment on Sun *471 day, or on a legal holiday, after the hour of 12 o’clock m. of said day, is guilty of a misdemeanor.”

It is contended that the section is in violation of the following constitutional provisions:

In construing so-called Sunday laws, courts have variously regarded them, some from a religious view, others from a secular, and still others from an anomalous commingling of both. In this state they have never been upheld from a religious standpoint. Under a constitution which guarantees to all equal liberty of religion and conscience, any law which forbids an act not in itself contra bonos mores,…