St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-07-12
JUDGE OTIS MAKES PERMANENT
THE INJUNCTION AGAINST
SUNDAY BALL.
THE RIGHTS OF CITIZENS
TO A PEACEFUL AND UNDIS-
TURBED SABBATH CANNOT
BE INVADED.
Satisfies the Judge That the Re-
lief Prayed For Should BE
Granted.

Judge Otis yesterday filed his de-
cision in the Sunday base ball injunc-
ton case, and unless his finding is re-
VerSed by the supreme court, there
VIII be no more Sunday base ball at
Aurora park, for, after a careful re-
view of the facts, the court finds that
the plaintiffs are entitled to the relief
prayed for, and accordingly orders that
the temporary injunction be made per-
manent.
In reviewing the facts, the court finds
that the allegations of the petitioners,
Allen +. Boyd ct al, and William A.
Keller ct al. as interveners, are sub
stantially true IS to the noise resulting
from the playing of ball on the
grounds, such outcries and noises be
ing loud enough to be heard half a mile
and more, and that the course of or
binary conversation was thereby dis
turbed and the minds of those engaged
therein were distracted at the resi-
dences of petitioners. The court then
goes on to say:
Upon Sundays, when plaintiffs and
1ntervenerS and their families are ac-
cuStomed to indulge in such peaceful
pastlmeS and pursuits, and other like
reStful occupations, and, having laid
aside for the Gay the labors and duties
and calllngs pursued by them on the
secular days of the week, sought and
would enjoy the peace and Quietude of
their homes, such noise and uproar
became and was, and operated as a
great annoyance to them, and materi-
ally 1nterfered and disturbed them in
the quiet, orderly, peaceable and rea-
Sonable enjoyment of their respective
homes during the entire time occupied
IN playing such games. In addition to
the noise and disturbances there Gre
ated, considerable noise, disorder and
confusion was caused by the crowds
Of men and boys gathered about, but
not admitted to said grounds in man
ner as before stated, and certain of
the intervenerS, and particularly said
Bryant, has been occasioned much an
noyance and inconvenience by reason
thereof.
Upon Sundays, while said games
were in progress, crowd of outside
spectators to the number of several
hundred, on foot and in carriages,
We're accustomed to gather on certain
high ground at the corner of st. AL
bans and Martin streets, overlooking
said ball park, thereby creating consid
cradle disturbance, noise and confus-
ion, to the great annoyance of certain
of the intervenerS living in that Vicin-
ity, but such cause OF annoyance and
disturbance has been practically
dpateu anu IetIoVeu SINCE Iiie liiiiiS "a
said intervening complaint by OBJ
structing the view of the games from
that point, and there is now no sub
stantial ground of complaint from this
cause"
The court finds that after the first
game was played on the grounds "a
number of policemen were stationed
there during the progress of the games
to preserve good order and that the
games were conducted in as peaceable
and orderly manner as could be ex-
pected, but that the mayor and police
force are charged with the enforce
ment of all the laws of the state and
refused to put stop to the nuisance
complained of resulting from the Sun
day games. AS conclusion of law he
finds that the petitioners are entitled
to this relief.