Evening star. [volume] (Washington, D.C.) 1854-1972, 1896-04-29
BOYS AND BALL PLAYING
Recent Arrests Give Rise to Many Com
plants.
A Law That is Held to Forbid Ball
Playing Even in an In
closed Lot.

The police are now troubled with COM
plants against boys for playing base ball
and throwing missiles. On the other hand
complaints are also made against the police
on account of arrests A number of boys
and young men of respectable parentage
have recently been arrested for bali play
ing. locked up in police station cells and
treated the same as if they had been Grim
inals of the worst class
Because of this manner of arresting and
treating the boys complaints have been
made. Maj Moore has had several confer
ences during the past week with friends or
relatives of boys who have been thus sery-
ed. During one of these Interviews the citi-
zen who made the complaint said he thought
the boys who are arrested in this Way
should be taken to their parents or guard
lans or warned against a repetition of the
o1ense In one case the boys had been ar
rested on a vacant lot, the proprietor of the
property having given the necessary per-
mission so that no charge of trespass could
be made against them in event of their ar
rest.
But the law, it is claimed positively pro-
hiblts ball playing not only on omen lois
and in the streets, but also in Enclosures
Under the act OF Congress of 1892 it is pro
Vfded: That 1t shall mot be lawful for any
person or persons to play the game of foot
ball, or any other game with a ball in any
OF the Streets avenues or alleys in the
cities of Washington and Georgetown; nor
shaii IL be LAWFUL Tor any person or persons
to play the game of handy, shindy or any
other game by which a ball stone or other
substance is struck OF propelled by any
STICK, care, or other substance in anv
street, avenue or alley in the cities of
Washington and Georgetown, under a pen
atty of not more than s. for each and every
such cffense."
While this section deals with games of
various kinds, there is another section
which deals with the throwing of missiles
This section reads:
That it shall not be lawful for any
person or persons within the District of
Columbia to throw any stone or other mis-
slle In any street, avenue, alley, road or
highway, or open space, or public square
or Enclosure, or to throw any stone or
other missile from any place into any
street, avenue, or road, or highway, alley,
open space, public square. or inclosure
under a penalty of not more than s. for
every such offense"
The use of the word Enclosure in this
section, Prosecuting Attorney Pugh told a
Star reporter, includes any Enclosure within
the District of Columbia
Under this section" he said every
number of the base ball clubs who play
ball here is liable to prosecution. The
playing of the game is positively prohibit
ed, for the court has held that a base ball
is a missile"
Judge Kimball said that the question Of
playing ball in an Enclosure had never been
raised in court and while he was of the
opinion that Congress never intended to
prevent the playing Of base bali in the Dis
trict, he would not say how he would con-
strue the section referred to if the point
were raised in court. He thought, however
that the law was intended to cover cases
where missiles were thrown from one place
to another, such as where boys throw from
the street other place into an inclosure
The judge said he had held persons guilty
in cases where the base ball had been bat
ted from lot into the street.
Mai. Moore was seen by a Star reporter
and asked about the matter, but he did
not care to be quoted. He said however,
that he believed in treating the boys kindly
and not taking away all their privileges
But so long as the law is on the statute
books it would have to be enforced