The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-04-26
NO BASEBALL TO-DAY
JUDGE CARTER ISSUES TEMPO
RARY RESTRAINING ORDER.
The Petition Filed by Elmer L. Jones,
an East washington-street
Property Owner.
SAYS HE WOULD BE DAMAGED
DEFENSE CONTENDS THAT NO NOTI-
FICATIoN WAS GIVEN.
The Case VIII De Heard by Judge
Carter ON May s-Proceedings
I'm Court.

Late yesterday afternoon Judge Carter,
of the Superior Court, granted an order
restraining the promoters of Sunday base
ball froru going ahead with a game at
washington Park to-day. The order was
issued on the application of Elmer l.
Jones, a property owner on East Wash
ington street near the ball park. MI.
Isnes was represented by Charles +. Coffin,
who was accompanied into court by Rev.
Joshua Stansfeld. pastor of Meridian-street
ID f. Church: Rev. Mr. Brown, pastor or
the Englewood Christian Church; Rev.
Robb Zasing. pastor of the Irvington NJ
L. Church, and Herbert L. Whitehead.
The defendants to the action for tenn
porary restraining order are the Indian
apolis Athletic Association, William II.
Watkins manager of the indianapolis club.
the members of the club. and Andrew and
b. stefrin. owners OF the ball park grounds.
Judge Carter, after hearing the complaint
read. issued the order and set the case
down for hearing on May s.
In his petition for injunction Mr.. Jones
set out that the ball park is 200 feet from
his residence. He showed that the de-
fendants were arranging for a game OF
baseball to-day In violation Of the criminal
that these games attracted great crowds
and that such crowds are so wrought up
with excitement that they yell, shout and
whistle and create a disturbance that can
be heard a mile. The petitioner alleged
that II games were played on Sunday
crowds Of people would attend and in the
crowd would be many noisy and undesir-
able characters: that there would be
great noise and disturbance that would
destroy the peace and quiet of the neigh
borhood In which the petitioner resides. He
held that sucn a demonstration and noise
would deprive him of the enjoyment of his
property and render the same uninhabit-
able and greatly deprecsate its value. The
petitioner insisted that he would be greatly
permanently and irreparably damaged.
Concluding, the petition said: Nv here
fore the petitioner prays for an order
restraining the defendants, and each. of
them, from playing game OF professional
baseball ON Sunday. April 20. 1908, and every
and all other Sundays, and restraining the
defendants, Andrew Steffin and IL. Steffin,
the use of said park for the playing OF
said games until a hearing can be had of
this case, and that upon such hearing, an
Injunction may be issued against said de-
fendants prohibiting them from doing the
things herein sought to be enjoined, and
that upon final hearing Of this cause, said
Injunction may be made perpetual and for
all other proper relief.
CONTENTION OF DEFENSE
The defendants were represented by At
torney Gran Muir, who entered a protest
against the temporary restraining order.
He contended that the defendants should
have been notified of the proceedings about
to be brought. so that they might have pre-
pared themselves. He suggested to the
court that the game to-day be not interfered
with, and after 1t was over the people of
the neighborhood could come into court and
testify as to whether Sunday baseball
would be a nuisance or not.
Attorney Coffin pointed out that IL the
game were allowed to proceed the damage
would then be done and it would be too late
for action. Judge Carter said that In case
Of this kind and under the existing circum-
stances IL was impossible to have notified
the ball players and had a hearing of the
case before the Sunday game. He said he
would grant the temporary restraining or
der. In the course OF the informal talk be-
tween lawyers and court Attorney Muir
made the declaration that the game to-mor-
row. IL IL were allowed To- proceed. would
be as orderly es the proceedings that were
then going on I'm the courtroom. DIR. STAINS
about the statement. IF you contend that
to-morrow's game would be as orderly as
this court at this moment there must be
something new in baseball the pastor said
The petitioner presented statement from
John H Holiday, Herbert l.. Whitehead
and w. G. Van Arsdel that they would be
responsible for any costs that might accrue
Attorney Muir objected to taking these men
as bcndsmen unless they were all in court
and could be interrogated as 10 how fan
they would be liable should the injunction
not be granted. Messrs. Holiday and Van
Arsdel were not present. but Mr. Whitehead
was there. and under oath gave satisfactory
evidence TO Mr.. Muir that he was financial.
~ able To make his word good. Copies oi
the courts order were prepared and served
on the defendants last night.