Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1877-07-14
BASEBALL.
How and Upon What Principles It
a be Reached by Law,


How and Upon What Principles It
a be Reached by Law.
AS there seems to be a doubt in the
public mind and on the part Of the off.
GERS Of the law as to whether Sunday
baseball playing, as conducted in the
suburbs Of this city, is lawful, we cite a
decision Of the Supreme Court which
we think has a direct bearing on the
case. 1t is found on page AZ, of Swans
Reports, and is the case of Bell VS.. the
State. Bell was indicted in the Circuit
Court of Blount county for the utterance
OF obscene language. There was a YER
dict of guilty, and judgment accord.
ingly, Judge Luckey presiding, and an
appeal in error. The Supreme Court
sustained the Court below, Chief Justice
Mckinney delivering the opinion, in
which be set forth certain we'll eslab-
lished principles of law applicable in
the present case. We make a few ex.
tracts:
Two questions are presented for our
determination: First, is the utterauae Of
obscene words in public an iudictable
o%ffense And, if so, secondly, are the
words proven sufficient to support the
charges Of the Indictment?
Upon the first point the argument for
the plaintiff in error rests upon the mar
row and unsubstsntial ground that no
precedent or adjudication has been
found in support Of such an indictment
Admitting this to be true, what does it
establish
II the case stated in the indictment
falls within the operation of clear. well
defined and well established principles
OF law, is it. to be urged against
the maintenance of this prosecu
ton that no similar case has here
tofore occurred calling for the like
application of such principles2 Surely
not at this day. Are not innumerable
instances to be found in the modern re.
ports, both of England and America, in
which the liberal, enlightened and ex
pansive principles of the common law
have been adopted and applied to new
cases for which no precedents were to be
found, SO as to meet the eVer.varying
condition and emergencies of society =?
And this must continue to be 80, unless
q stop be put to all further progress OF
society and unless a stop be also put TO
the further workings Of depraved human
nature in seeking out new inventions to
evade the law.
What, then, are the we'll established
principles Of the common law applicable
to the present case2
The distinguished commentator on
the laws Of England informs US that
UPON the foundations of the law of ma
ture aud the law cf revelation all human
laws depend. / Bl. Com. AZ. The mu.
nicipal law looks to something more than
merely the protection of the lives, the
liberty, and the property of the people.
Regarding Christianity as a part Of the
Law Of the land, it respects and protects
its institutions, and assumes likewise to
regulate the public morals and deceney
of the community.
In l Russell on Crimes (27O at top, it is
said that, I'm general all open lewdness,
grossly scandal9us, is punishable by in.
dictment at the common law" and says
the author, 1T appears to be hn estab-
lished principle that whatever openly
oHtreges decency and is injurious to
public morals is a misdemeanor."
These principles have been fully rec.
ognized by this court. In the case of
Grisham & Ligar vs.. the State q Yer
ger) that thorough common lawyer, the
late Judge Whyte, declared that the
common law is the guardian of the
morals Of the people and their protec
ton against ~offenses VIGOROUSLY against
public decency and good morals" . .
The books OF reports, both of England
aud this country, abound. with cases
where, upon these principles of the com
mon law, convictions have beea enforced
Tor various ~oifenses against public NOR
ality aud decency without the aid of any
statutory enactment . g . And it
may be laid down in general terms that
all such acts and conduct as are of a
nature to corrupt the public morals or
to outrage the sense Of public decency
are iHdicta6le Uhether committed BIZ
wordS on acts. 8 " . Thus fortified
by sound prirciples-principles which
lie at the foundation Of every well regu
lated community land resting on a basis
SO immutable)-we are the more indlf-
ferent to precedents exactly in point.
This opinion was delivered by one Of
the most learned and distinguished
judges that ever adorned the Supreme
bench Of Tennessee. His decisions are
respected fer and wide, and have given
a stamp and tone to oar Jurisprudence
that will not be efaoed for generations.
The line Of argument in this case is ap.
plicable to the great evil which has re-
Gently grown up to such fearful proper
tons in this community, The Attorney
General and the grand jury should no
longer hesitate.
Twelfth Anniversary.