Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1900-06-03

The enemies of Sunday base ball won
ar important victory yesterday, when
Judge Thayer Melvin granted an APP
plication for an injunction to restrain
TIE Wheeling base ball club from play
ing Sunday games at the Park on North
Huron street. The arguments upon the
application were made in the morning
by Hon. John 0. Pendleton for the
petitioners and Geo. B. Caldwell, Esq,
for the ball club.
Mr.. Pendleton represented w. r.
Palmer, Henry Foster, David Morgan,
H. S. Link and R. S. Mckee, Island
property wne living in the vicinity
of the ball park. Mr.. Pendleton's first
Intention was to make application be-
fore Judge II. G. Hervey, in Part One,
but the proceedings came up in Part
Two, because Judge Heryey was COM
PEELED to be absent from the city in
the afternoon.
The petition AYERS that prior to The
grievances complained of the atlantis
owned and resided near what is known
as the Wheeling base ball park, which
has been used by the club on Sundays.
The bill says that even the use of the
park on week days is injurious to the
nealth, the peace of mind, ETC., of the
petitioners. The use of the grounds at
any time is dangerous to the children,
annoying the OF property and
causing property to deprec1ate. Be-
sides, the use of the grounds OF Sun
days attracts a large, boisterous crowd.
The law unde the case set up, Mr.. PEN
dleton said, would permit an injunc-
tion against the use of the grounds on
a week day, but they only want it stop
ped on Sunday.
m continuance the petitioners aver
that sometimes the crowds in attend
arce on Sundays are loud and bolster
GUS and frequently some OF them ap-
pear in IN intoxicated condition.
The complainant William r. Palmer
is a heater at the Belmont mill, and
works on the night turn. He, there
fore, must have sleep.
Henry Fosters three sons work
nights at the Belmont mill and must
have rest. Henry Foster himself is i'll
from the effects of the uproar.
Henry S. Link is also a mill man and
demands sleep in the day time. His
property has deprecated in value by
reason of the games.
David Morgan is a mill man and his
children, who are very small, must be
kept penned up in the house else they
would be killed by the balls which
often fly out of the grounds.
R. S. Mckee lives near the front of
the ball park. He says the crowds
frequently rush into his yard after foul
balls from the grounds and the result
is the premises are damaged by a gang
of boys who swear, use filthy language
and conduct themselves in a manner
that drives his family into their house.
Mr.. Mckee is a bank teller and says he
must have his sleep.
Mr.. Pendleton said he could submit
authorities to Justify the stopping of
week day games on the ground that
such games constitute a public nuis-
ance. His clients did not ask, how
ever that any games but Sunday games
be stopped. He called attention to the
case of Snyder VS.. CabelI, ct al, an
action against the operation of a skat-
ing rink, which the State Supreme
Court decided in favor of the plain
tihs.
Mr.. Caldwell, counsel for the base
ball club, argued that the court should
not decide the question Immediately,
but that the defendants were entitled
to time in which to prepare an an
swer. The bill offered by Mr.. Pendle-
ton required a reply. Mr.. Caldwell
characterized { a lying document, and
asserted that many statements con
tanned in it were unqualifiedly false.
He said the court and the petitioners
knew that Sunday base ball was being
played and brought the proceedings on
Saturday in order to prevent the de-
Tense from preparing a reply.
Mr.. Caldwell read from the bill and
stated that its hypocrisy was apparent.
1t was merely a scheme to stop Sunday
base ball. He said the plaintiffs under