The times., 1897-05-16
MAY LAND In JAIL TODAY
The Senators Will Test the Sunday
Law at Cleveland.
should the Offfeers Prove obd1rate
the Two Teams VIII BE Arrested
and Placed Behind the Bars.

I Cleveland, May 15.-The sunda y baseball
law VIII be tested In this city tomorrow
in the game scheduled between the Wash
ingtons and Cievelands
The two clubs win Iine up for play and
await results. Should arrests be made,
the owners OF the Washington team Will
be guaranteed against loss of money by
fines that may follow in the courts.
The Washington club is popular In Cieve-
land, aud this, coupled with the possibility
OF arrests and other legal scenes, VIII
draw large crowd Many excursion
TRANS from suburban towns and villages
Will be run in. The test of the law is
the sole topic tonight with the fans, all
of whom hope that the game may be
allowed To be played uDmolested by the
authorities.
Should the officers give President Robson
trouble, the Cleveland club will be moved to
some other city, possibly Detroit
President Robson has announced the
grounds on which he intends to assert
his right to play at least one game of
baseball in Cleveland on SrIday. For
some time past Mr. Robson has had able
counset looking into the law on the sub
ject, and he stated today that their opin-
ion is to the effect that 1t will not he
possible to legally stop the game before it,
completion. The reason is that given in
the portion OF the State law forbidding
Sunday baseball, which is found in the
act of April s., 1881, volume 7S, page
126, Revised Statutes of Ohio, which, so
far as pertaining to baseball playing in
Ohio, provides:
Whoever on the first day of the week,
commonly called Sunday, participates in
orexhbits to the publicinS grounds,
garden or other place in this State
any baseball playing he or she shall
on complaint made within twenty days
thereafter, be fined etc.
Tie ground which Mr.. Robson IS lawyers
take is, that according to the above pro-
vision in the law, some one must make
complaint of the violation of the law. ne
cessitating the swearing out Of warrant
after the game has been played. The opin-
ion as given in writing to Mr.. Robson is
as follows:
1T is the dutyof certain State and
municipal officefS to enforce the laws
as they are feu1dfin the statutes of the
State. 1t seenk to clear for argument
that said base1alls law is an excep-
ton in It's provisions to the general
criminal laws Of TIE tate, said act pro-
viding the manner zof prosecution. a
legal arrest can Oily follow complaint
made before so,nes proper officer author
lied to issue u Vafrant-but when? The
act provides wislin@ twenty days there
after tthat is, aftsrsthe act which is at
tempted to be ptohbited, only il COM
l,i o;,,lx
only be enforced Recording to its plain
provisions, and c5piot be enforced be-
fore Tire act, bnt trereafter. and then
only upon the terhW provided by said act. y
In speaking of tho matter Mr.. Robson
said: II simply desire 20 make test case
of this Sunday baseball la w, which hold
to be dead letter. and one which cannot
be enforced. do not wish to figure as
antagonistic to the law. nor as one who
is setting himself up in defiance of the
State statutes. 1t will not be necessary
for Director Abbott to bring his whole
police force out to the grounds, nor to
call out the militia. One policeman
will be able to make all the arrests
that are desired, provided he has the
proper authority to do SO.
My lawyers have told me that under the
peculiar provisions of this law, and the
non-enfofcefnent OF it all over the State,
particularly In Cleveland, for SO many
years, It may be- a. hard matter to convict
At any rate, I shall submit to arrest, IL
called upon to do 50, as viii the players,
and shall then demand q Jury trial, and
It will be left to Judge and jury to decide
whether the law has been violated
An extra gate Will be put In on tho