Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-02-07

What h Being Done 10 Provide . Flrst-Cias
Bail Club for Washington.

What 10 Being Done to Provide Flrst-Cias
Bail Club for Warrington.
Barring the interposition Of an objection
against the location Of the new park on the
grounds next TO the Freedman's Hospital. pre-
sented yesterday by the chief ofhcer Of that
institution, there has been nothing to disap-
point the movers Of the new local club to form
frst-class team In this city. This new phase
of the proceedings ia, Of course, disappointing
10 the local magnates, but they do not antici-
pate that their efforts to plant base ball estab-
lishment on the grounds that have been selected
will be finally frustrated. They are going ahead
with their preparations to get the park ready in
time just as though DR.. Pnrvis had not raised
his voice in objection. They may be enjoined
later, but until then they will 90 ahead a. II
nothing had happened. In fact, IL has been
arranged to award the contracts for the work
on the grounds on Monday, and IL nothing ID
done in the meantime by the District Commits
sioners to prevent. the new park viii be q very
lively place in three more days.
WHAT n NUISANCE?
The attorney for the club, Mr. Sutherland
has looked into the legal aspect Of the case and
has prepared an opinion which protests agains,
any obstruction being raised against the prep
aration Of the grounds. He assumes certain
propositions as follows.
1t will no doubt be conceded on all sides tina,
the following propositions are correct. That a
nuisance is something done, or omitted to be
done, which has the effect Of prejudicialiy and
unwarrantably affecting the enjoyment OF the
rights of another person; that not every use OF
ones property that works an injury to the
property Of another will create a nuisance
that injury and damage are the essential ele-
ments of a nuisance, but they may both exis,
as the result Of an act or thing and yet the &C,
or thing producing them not be O nuisance;
that no recovery can be had for prospective
damages. and il is entirely question for Jury
to say whether damages have been sustained
that there is not city in the world of any
considerable size where there are not many
things tolerated that the law, merely
following ont the ordinary rules applied in
such cases. would feel compelled TO abate al
nulsances; that il is not mere annoyance with
which the law deals, but real, substantial in
)uries; that nuisances, except such as arc dan
gerons to life or will be productive of irrepara-
Die injury to property, cannot be abated. MOI
do they become actionable until they actually
exist; that u prospective nuisance cannot be
abated on the mere motion of the party. for to
be entitled to an abatement he must also be
able to obtain an action therefor; that equity
Will only relieve against prospective nuisance
where the danger thcrefrom is serious and i'm
minent, and where there is no question that the
thlnS Will be a nuisance and the remedy at Law
40 AduequdIt. out court OF law Will wall until
the nuisance is actually created.
COLLECTING TEAM.
The work of getting the team together goes
merrily on. II is no longer a matter Of doubt
that by the LIST of March the National Club
will be fully formed, and will contain material
for one OF the most active and successful CAM
paigns against the proverbiai hard luck of
Washington ever witnessed here. -Four men
have accepted the terms offered by the mag
mates here-Smalley, Hatfield. Dunlap and
Beecher. Other contracts are expected TO fol-
low in the next week. filling the positions
around and outside of the diamond with as
much rapidity as is conducive to care in selec-
ton and good judgment in placing the men.
The efforts to get together the batteries are to
be postponed for the immediate present. al
though Manager Trott has his weather eve
peeled for first-class men, and it is not antici-
pated that there will be any trouble about this
matter. OBrien, late Of Cleveland. has been
approached with an offer and other pitchers
are being talked to through the mails and over
the wires Mcclure, the catcher is still pos
sibility, although the conditions are such that
he cannot be approached at present
Manager Trott feels confident that the team
which he will be able to get together will be
something considerable better than n toll