1894-7-26-BISMARK TRIBUNE-North Dakota Capps, is serving a term in jail for working on Sunday. Capps was arrested June 8, 1893, he was fined $10 and costs, amounting in all to $51.80. His case was appealed to the sumpreme court of Tennessee, which affirmed the judgment of the lower court, May 24, 1894, at Jackson, fixing the cost at $58.64, making as a grand total the sum of $110.45, to be served out at the paltry rate of 25 cents a day. This will necessitate the prisoner's confinement 442 days, or one year and nearly three months. The associate further says that Capps has a wife 24 years of age, and four children, the eldest being only 6 years old, and one of them sick at the time of its father's imprisonment. His family is left all alone a quarter of a mile from any house. He is a poor man, and unable to support his family during his confinement. He does not deny working on Sunday, but did so because he had rested the day before, according to the Bible; because he recognized his God given right to labor six days in the week, beginning on the first as did his creator; and because, in acceding to the demands of the state to rest on Sunday, he would be denying his Lord. Hence, he refuses to pay the fine and costs, regarding them unjust, since the state is attempting to enforce upon him a dogma of religion, with which it can of right have nothing whoever to do. Therefore he has gone to jail, though a physician stated that he could never live in that unhealthy place the time required by the enormity of the state's assessment.