The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-07-17
BASEBALL ON SUNDAY
GAME MAY BE PLAYED, ACCORDING
TO JUDGE MCRAY's RULING.
Sustains Motion to Quash the States
Afidavit-Damage Suits Filed
News of the Courts.


In decision given yesterday by Judge
McCray the court practically declares the
law making it unlawful to play baseball on
Sunday unconstitutional. The case in point
was brought to the Criminal Court from
the city Police Court, and grew out of the
attempt of the indianapolis and Kansas
City baseball clubs to play a game here on
Sunday. The members of both teams were
arrested by the city police just after the
game started, and on the following day
were arraigned in Police Court. The con-
stitutonality of the law was then attacked.
but Judge Cox held the statute valid and
the players were fined. An appeal was TAX
en- to the Criminal Court, and on Thursday
Attorneys Frank e. Burke and Joseph B.
Healing, counsel for the defendants, entered
a motion to quash the states affidavit,
which was based on the following section
of the statute: at shall be unlawful for
any person or persons to engage in playing
any game of baseball where any fee is
charged, or where any reward, or prize, or
profit, or article of value is depending upon
the result of such game on the first day
Of the week, commonly called Sunday"
The attorneys held that the above section
is uncertain and ambiguous. 1t was held
that the question of fee was not clearly
defined by the Legislature, and it was on
this contention that the argument of the de-
Tense was chiefly based. Judge McCray, in
giving his decision yesterday, sustained the
attorneys in their argument on the question
of fee and said:
81 take it that the payment of the fee is
an essential element and If the payment OF
the fee is an essential element, then the
affidavit is defective, inasmuch as it does
M a nv
paid. | understand, from the argument,
that if fee paid the game of ball
ment of the fee being essential to the va
lidity of the statute, and this statute would
not apply. On the other hand, If the play
ing is not in violation of the statute unless
a fee is paid and if man play ball where
some fee was charged and was fined for it,
and another played where fee was not
charged and could play with impunity, the
law would not then operate upon all players
alike as provided by the Constitution. The
motion to quash will therefore be sus-
tanned"
AS soon as the decision of Judge McCray
became known to the baseball management
notices were posted on the score boards at
the park announcing game for to-day.
President Colt said last night 1.-THE only
step that could be taken against us would
be through an Injunction, and the court
which is asked to issue the writ will be
compelled to allow our side to be heard.
Prosecutor Wiltsie, when asked last night
as to the step he would take in the mat
ter, SAID Lner6 Was nothing lOG uiIIl W uO dl
this time more than to appeal the case to
the Supreme Court, which had already been
done. The court having declared the law
unconstitutional, leaves the situation pre-
cisely as it was before the law was passed.
Until the higher court has decided on the
exception taken by the State, 1t
is claimed, there are no obstruc-
tons that can be placed in the way
of the club playing Sunday games, except
through the old common Sunday law. The
prosecutor said that the situation, so far as
interference with the game to-day is con-
cerned, rests entirely with the powers con-
trolling the enforcement of the law. On
less the police do something or the sheriff
sees fit to obstruct the game there can be
no interference Superintendent of Police
Ouigley last night admitted he was in con-
sultation with legal advisers, with view to
ascertaining what his powers and duties are
in this emergency. He, however, said he
had not been able to arrive at any con-
clusion.