BARBE R. Barbers were incorporated with the surgeons of London, but not to practice surgery, except the drawing of teeth ; 32 Hen. VIII. c. 42.
The business of a barber involves the pub lic health and interest to such an extent that the requirement of a license is a valid ex ercise of legislative power ; State v. Zeno, 79 Minn. 80, 81 N. W. 748, 48 L. R. A. 88, 79 Am. St. Rep. 422. Within the meaning of a civil rights act a barber shop is not a place of public accommodation; Faulkner v. So lazzi, 79 Conn. 541, 65 Atl. 947, 9 L. R. A. (N. S.) 601, 9 Ann. Cas. 67.
Shaving on Sunday is not a work of neces sity, charity or mercy ; 4 Cl. & F. 234. A barber's work is a worldly labor in the course of the ordinary calling•; State v. Frederick, 45 Ark. 347, 55 Am. Rep. 555. In Com. v. Waldman, 140 Pa. 89, 21 Atl. 248, 11 L. It. A. 563, the court refused to say as a matter of law that the keeping open his place of business on Sunday by a barber was a matter of necessity. Shaving an aged or
infirm person in his own home on Sunday is not, as a matter of law, a work of neces sity ; Stone v. Graves, 145 Mass. 353, 13 N. E. 906. A statute declaring that keeping open a barber shop is not deemed a work of necessity or charity does not exceed consti tutional bounds, though as to other kinds of labor, that question is left to be determined as one of fact ; State v. Petit, 74 Minn. 376, 77 N. W. 225 ; affirmed in Petit v. Minne sota, 177 U. S. 164, 20 Sup. Ct. 666, 44 L. Ed. 716.
Where a state constitution forbids the pas sage of special or local laws for the punish ment of crimes, a law making it a misde meanor for a barber to work on Sunday after 12 noon was held unconstitutional ; Ex parte Jentzsch, 112 Cal. 468, 44 Pac. 803, 32 L. R. A. 664 ; and see Eden v. People, 161 Ill.