New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-06-19
SUNDAY BALL ILLEGAL.
SO GAYNOR DECIDES.
Giants Scheduled to Play at Wash
iBgtOn Park To-dGg.

11Fn
e. have been held ac Washington park this sea
son-that - games 70 which tie public is in
vited and 20 which admission fee is CHARGED
gre Illegal On Sunday. He h2tly SAYS that IN
his opinion, such games are prohibited by tha
sunday law. In this opinion the ministers 7-,,
have been lighting professional Sunday baseball
have won their point Il given in a test
case that was prepared by District Attorney
Clarke. Of Kings County. at the request Of tho
Rev. a. x. Byrt. % the Brooklyn and Long
Island Methodist ministers meeting. and rem
resenratlves of other religious and Sabbath OBJ
servance associations.
The opinion was made on Y motion TO dis
charge Edward Poole and another PLAYER OF the
Brooklyn Baseball Club who had been arrested
or the charge OF violating the Sunday law by
taxing part in q same with the Pitts5urg team
at washington Park two weeks ago to-day. The
motion was made by Bernard J. York. counsel
FOR the Brooklyn club. on the ground that the
dispositions on which the warrant was granted
do not state facts constituting crime Justice
Gayuor denies the motion. and the men will
now have TO stand trial.
IN his opinion Justice GayGor reviews the
Sunday statutes and shows that under the pres
enr law the prohibition seems 10 be against
public acts" In his recent opinion in The case
Of Rath and other players Justice Gaynor de-
clared emphaticaIly that it was necessary to
show thai a ball game interrupted the sunday
repose Of The community. In his opinion yester-
day he says that the prohibition is only against
public games and exercises. because the statute
presuInes that they interrupt the repose OF the
community.
Justice Gaynor's opinion in full is follows:
Ia the case o: Rath and others which re-
Gently before NE on the writ OF haoeas corpus. the
complaint was simply that the deiendants PisXed a
tion that game q public one, or That il
disturbed the peace Of the day by noise The com
private games OF baseball Of golf oa sunday.
which have long been allowed Unnoesiea N TIE
out tire State. and which are not prohibited by the
Tie present. case is differ:s;nt The oompiaint Is
OF public game % baseball. l. e, OF a game held
lie were invited. and which an admission Zee was
charged. Is such a game prohibited by statute?
The Tarious penal sunday statutes were collected
form In our Penal code. which was passed in 1851.
5 ln9ss r ol5na statutes of iSs5 and 1885, tie
Revised Laws Of 1858 and the Revised Statutes Of
Section 25s q the Penal Code-is as follows:
consent - ~ an5-: Tor rss ana reig3ous uses the
Law prohibits the doing on thar day OF certain acts
tons q the repose and religious liberty Of the com
This section Is sort Of preamble and i is note
worthy thar tle general eOSeiI OF m
nifty in observing oIi9ay IS given ol IL II a. ne
son and basis % our SUNDAY avs; me Wlshes OF
The community. therefore, Should nave mIcE 10
Laws which depend foT the- igor On Puplic oP.ni1n
=
y-rrzs .-I-r spo-ts and shows This xo-d pub
ZION was repealed lS3 but reference 70 II j. sti
necessary getting al the intention ana scope OF
seetion 30 enarasrase,ss he acts embraced under
this head. and is as follows
AN shooting. hunting ns4Ins PLAYING. lorse
racing. gaming OF Other p1nl.c sports exercises.
and an noise disturbing The peace OF the cay. are
-1-rh. -ireG
here again. the pEolLs.s!2n seems 70 be ssa 5,s
puzzle acts o1-t- he ea'-IiaeTatloh or ne sPeeltc
things prohibited IS Followed hl tne genera cause
cor other public sports. exercises. .asilHes er
shows. This general ella .-1 IS l-oi oali -Np'rssiE
limited 40 pAhe Sports '. 10y T. a 5.4
. the same categor" 't acts ana nor Tue lnlIoc-e-
non OF new category Guy II suns .95 me ptTT
-lo-ls. ere. Tor .aes- g. erlorae@s baseball goit
t't- - n--.-i -at-.-- ... ~ 8 49, - -- -
.c -tort. game sra7, ~ ea,e-taiauleir Is one held
Drt and ztteH .o '." tHJhc- ln l5s5 ms 7tcIoh
Nts aH.rl--' p. -.l. ~ &c 49, - ..
Such IS me interpretation ~ ne statute without
tie nd pt amy side --2i-. E.f II we 60 OUTSIDE oss
81" statue ana resort f7 rn- holy scriptures al4
80 e ee-flns a. ms E.-s7 a-.a scope al1 INTO nc
intention ~ Tie legislature tle interpretation must
remain The same. Ia-s-ea! -Ner.ises ana games
are nct i9r--eea oa 'tf 7a1taLh IN ne ri i
49, ~. - - an r. --,r-l I,,,t tE-
setfill -AE IS s1-l-t- ---1 L.ie 1S2.- -
s- -.s - -, 20 ~, -. 80 =, -.
sfFertn ca oI Tie week. ana NOT 70 ne mrs. ~
re N-W Testament le'e Is 40 S4Ioa3 IA" a. an.
any rles p-o--r,g pay steal games and exercises
81 5--.e. -.9e- 800 s1s NJ N 55,,l-ee.rS9lE -
go 20 lIsz nj - r - e,if On SIN
de- IRE STCl5fjsFo6.s o@irssI RESPONSE In writing
$500 .5--ig.sar, T-----ci,
Ia - = s. In - 7,,e--o,Is sff-cri1r
t. so ors ~ ir5j,,idra1s IN MS matter Each Of
mem = responsive 10 Coo -9t 50 LS4ts tiie -
a. 70 ~ .-.l!l PC - l ,st,5 1bs+ ne leg5E
=. = hg- 70 % e - - - -
4L-ie -leaht 70 he stricttr man '.i1 uInlh@ "a"