The Owosso times. (Owosso, Mich.) 1897-1926, 1900-06-01
REV. JOHN SWEET UPHELD.
The Supreme Court Reverses the Decision
Of the Circuit Court and Says that the
Court Erred IN Some Charges Which
Were Unfavorable to Mr. Sweet.


Among the cases disposed of Tuesday
by the supreme court was the Scougale
VS.. Sweet case, aud the court, In an
unanimous decision written by Judge
Grant, reverses thedecision of the lower
court and thus apparently frees Mr..
Sweet forever from the impending
judgment for one thousand dollars
damages which had been given against
him.
The case grew out Of the game Of
Sunday base ball played last summer
at the park. Rev. Sweet heard that
the game was to be played, and pub
licly called upon Mr.. Scougale to for
bid it. The game was played and Mr..
Sweet charged Mr.. Scougale with
being derelict in his duty, and with
violating his oath of office.
The sheriff brought suit for $4,000
damages for SANDER, and won out in
the circuit court, having received a
verdict for $1,000 during the Septem-
Der term. The opposing lawyers were
John t. McCurdy, of Corunna, and
Edwin Lyons, of st. Johns, for plain
tiff and Fitzpatrick & Pierpont for
defendant.
In disposing of the case the supreme
court in a unanimous opinion, written
by Justice Grant, says that ball play
ing on Sunday is prohibited by section
59l2 of Miller'S statutes, and is an
offense against the public peace.
Whether it is breach of the peace is
discussed by the court at considerable
length. In this connection the court
says:
Experience has taught the world
that laborerS require at least one day
in seven for rest. Probably out of
Difference to the great mass of chris
tians in this country, who have always
and still do regard the day as one also
set apart by their great teacher for a,
day of worship as well as rest, the
legislatures of the various states have
seen lit TO recognize and establish this
day as day of rest, and have pro-
hibited the carrying on Of the usual
vacations of life and the indulgence
in those sports which create noise and
disturbance and are regarded as offen-
sive to the moral and religious senti-
ment of large share of the people,"
After considering large number of
decisions on this point, the court con-
cludes that under our statutes and
the authorities referred to this game
of ball was breach of the peace.
"Many, if not all, of those present."
says the court, "both players and
visitors, were engaged in loud and
boisterous conduct, indulging in shouts
which could be heard by many hun
dreds, if not thousands, of people in
the vicinity. 1t was bold defiance
of law, and disgraceful to all engaged
in it, No attempt was made to pre-
vent it, although two deputy sheriffs
were present.
DUTY OF sHERIFFs.
The court next discusses what was
the duty of the sheriff, and concludes
that 1T was his duty to prevent the
game, and if the players PERSISTED in
with it, it was his duty to
arrest them all. He did not |
require the advice of the prosecuting
attorney that it was his duty to pre-
vent a breach Of the peace, and to be |
prescott at any place when he received |
notice that one was to be committed. |
The court says it is pertinent to in
luire whether sheriff, upon being
lotitied that breach of the peace has
,een planned and Is ready for execu-
ion, can preform his duty by inquiry
# one Of the leaders of the proposed
,reach Of the peace, and receiving
ssurance from him that he and his
elbows would not accomplish their
ffense without notifying him of their
Intention. 1t is remarked that il this
an be interposed as a defense, it
would be defense in all classes of
rhine and misdemeanors. The court
avs it cannot shut its eyes to the fact
hat this has been a common excuse
or Sheriffs and other police officers
or not enforcing this and other laws,
nd that sit is the duty of the sheriff
nd police officers generally to enforce
hose laws which the people have
nacted for the protection of their
YES, persons, property, health and
1orals, including the laws for the
bservance of the Sabbath"
The opinion declares that the trial
ldge was in error in instructing the
lry that the mere fact that game
t ball was to be played at Caledonia
ark on Sunday does not impose upon
he sheriff the duty of going there and
topping it or preventing it. This is
eclared not to be the law, as neither
neriffs nor courts can close their eyes
D the fact that these games are ac-
with loud and boisterous
Onduct. They are, therefore, per Sc
gainst that peace and quiet guar