New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-05-05
SUNDAY BALL APPEAL.
District attorney Clarke Yields to
Ministers Request.

Yielding TO the wishes OF thu Brooklyn and Long
Island Methodist Preachers meeting. District At
torney Clarke yesterday promised committee rep
resenting II that he would appeal from the decision
Of Justice Gaynor Of the Supreme Court. who held
that the playing OF baseball on Sunday was legal
so long IL did not interfere with the repose or
religious liberty Of persons in the neighborhood.
The members OF committee who said they spoke
for the twenty thousand members OF the Methodist
denomination In Brooklyn, and felt they had the
support Of many more residents % the borough con-
sisted OF the Rev. .. A. " Byrt president Of the
Brooklyn and Long Island Methodist Preachers
Meeting and pastor Of the Warren Street
Church: the Rev ". II. Burgvyin pastor
o. the Eighteenth Street Church. the Rev W
A. Layton pastor OF the DeKaIb Avenue Church
and the Rev c. S. Williams. of the Windsor Ter
Church. Mr.. Byrt. acting spokesman. said
that IL seemed them that the decision OF Justice
GaynOr overlooked "a fair construction OF the law.
that the disturbance OF peace Is question gen
eraI character and need not relate 10 A particular
neighborhood- The meeting did wish 20 criti-
else Justice Gaynor. he SAID but felt ques-
ton Of Sunday baseball important enough 10
a large part OF the community have II passed
by than Judge They doubted he
said whether Justice Gaynor's decision would stand
the OF the Appellate Division. they believed
he had been Influenced somewhat by personal opin-
ions
The case cannot be argued before the Appellate
Division before June g. II precedence is given TO
the case a decision might be handed down the fol-
lowing Friday. but IT win probably be much later
before the is decided.
The Rev. A. ". Byrt said last night that he va q
not prepared say just what action the body he
represented would take TO prevent ball games at
Washington Park pending a decision by the APP
pellate Division.
I'VE think however" he said that the ball clubs
I'm Difference the sentiment Of the community
should refrain from Sunday games IN the time that
legal right TO have them Is in question"
The Rev William II. Burgwin secretary OF the
Preachers Meeting and A member OF the South
brooklyn Minister'S Association. said:
I think that these organizations and all sirniia-
bodies should urge their members TO anv moral
s'lasion they may possess against this eviI Won
would he surprised at the sentiment against sunday
baseball here IN my section Of South BROOKLYN I
know OF one OF the stockholders of the RrOoL,lv,
club who is opposed 20 the games: so I think thsra
some influences 81 work on the inside
Magistrate Connorton in Flushing yesterday dis
charged the ball players and score card sellers held
for violating the Sunday law. He said he was -
the same opinion Justice Gaynor in regard IN
the INTERPRETATION Of the statute ~
The players arrested at Bayonne for Sunaa-, hall
playing discharged because the police cantatn
who had them arrested testified there was No 6t.
turbance OF the peace in the course OF the game
The Jersey City team is TO play Montreal AZ
Bayonne Sunday. ana arrests will be made undsr
the cssOrderly house law