The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1897-07-29
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the police power of the State, the object
of which, in the language of Judge Cool
ey, is ~"tosinsure to each the uninterrupted
enjoyment of his W SO far as is reason
ably consistent with a X enjoyment of
rights by Others"
The. object OF Sunday. legislation is
make Sunday a day Of rest and to pre-
vent private citizens being disturbed in
their enjoyment of the day by others
suits, or indulging in disturbing or bolster
Gus amusements." Here then are the linn
itations upon the power Of the Legisla-
ture to enact police regulations, It can
make no law abridging the liberty of the
citizen to pursue happiness in any way ne
sees ft-as by playing ball-provided that
in 50 playing he does not injure or dis
Now our contention is that the
court, and jury must construe the
words of this act by this princi-
pie, this limitation. They must say that
the Legislature could not legally or rea-
sonably be presumed to have intended any
more than to prohibit ANY kind of play
ing, sports, pastimes or diversion" which
would injure or disturb others-including
these one thousand zealots-in their en-
joyment of Sunday as a day of rest and
recreation, or as a day of hard work in
elsewhere. But that these 1000 sincere
people are disturbed in mind because
these young men play ball on Sunday is
not such a disturbance as the law can
TAKE COSfllZdIce Ol. II uluSt uS d physical
interference, one that will prevent or
hinder them from doing what they desire
to do on that day as, for instance, play
ing ball along side Of their church or
their homes. They have no right to travel
to the bah grounds for the purpose of
getting disturbed.
Is not this the reasonable. the true
view? If the playing of ball by the Ar
lingtonS on their own premises on Sun
day does disturb others. other laws pro-
vide an adequate remedy, The persons
disturbed can make complaint on which
a warrant may issue for the arrest of the
players, who may be convicted for main
tanning a nuisance, JUST as TIL
at the Salvation Army headquarters in
New York. But we contend that the police
had no power or right to enter the base
ball grounds of the Arlington Club with
men. If the police nave that power no
one is safe in his home if he
engage there on Sunday in any
kind of diversion that is not of a re-
secular song the police, of their own mo-,
ton, or on the. verbal complaint of some
busybody, could walk into his home
without a warrant. if the door was open,
and drag him away to a cell. If he be-
long to a club and engage there in any
kind of a diversion not of a religious
character these high and mighty fellows
in brass buttons could walk in and hale
him off to jail. Now, these ball grounds
are nothing but a clubhouse with the
roof off and a policeman has no more
right to enter and arrest the members
of the ball club and their guests without
due process of aw-without a variant
thar he has to go into a rooted club
house, or into a mans home. He only has
that power in cases where indictable
offences ave been committed. And the
indictable offence. 1t is not a crime under
the vice and immortality aCta