The sun., 1904-06-19
AGAINST SUNDAY BALL GAMES
JUSTICE GAYNOR DECIDES THE
TEST CASE.

He Holds That Public Game to which an
Admission Fec 10 Charged Il Pro.
hibited by statute-Denies . Motion
to Discharge the Players Arrested.
A decision handed down yesterday by
Supreme Court Justice lillian j. Gaynor
in Brooklyn will, at least temporarily.
put a stop to any further Sunday public
baseball playing to which an admission
fee is charged. He denies the motion for
the discharge OF Edward Poole and Frank
Dillon, members Of the Brooklyn Club,
who played in the game with the New York
Club at Washington Park on Sunday,
MAY 20, and were arrested at the instance
Of District Attorney Clarke, with view to
having test case for judicial determination
a. to whether Section 2Ss Of the Penal Code
had been violated or not.
Former Police Commissioner Bernard
]. York, counsel for the Brooklyn Club,
at the hearing moved for the quashing
OF the complaint on the ground that there
was no allegation that the eace and re,
pose OF the Community had been disturbed
District Attorney Clarke, while admitting
that he could get no evidence from peol le
In the vicinity of the lark that they had
been disturbed, contended that all baseball
play ing on Sunday for an admission Zee
was prohibited by the statute. and he Is
This Is Justice Gaynors decision in part:
bali; !. f e.. of = game held out 70 the public.
/. e.. OF a game 70 which the public we're 10.
md to such Sa0n an game
''fsSse, TSs yarioas S PENAL Sunday statutes were
n rsS:sd ief Il our @ Pss Cod. which
IS ths Penal &c ccds Is l. 4, fcsxs, %
&. ss ;ss 's:'
soa. sn Ct iss ssd
liz oSs liberty 81 the eommunity.., 49,, :.
Tai. section is : sort Of preamble p snd ~ y
BY BY Il as the reason and basis o. oTr Sur day
TN TsSe' tsSe much 81 70 ao %sh her
crSs s's foi .as 1sor PUB e.
.:ss e
ssfd .ss,ss ss: lssptss
is sstsies g! !. sss Intention and scope 81 The
"es.s, sss,se the act. embraced
,sssa .smSs Snas y schs4 hns hpns p1sqs
s.:::s ss I'd s8s 5 tie
Here, again. the pIShiotiSn seems s.s,,oe 70 oe
Of % she specife things prohibited e, foIlowed
! BY the general clause. 1oT other public sports,
| exercises. pastimes or ehows. This general
| clause Is not only expressly limited TO public
cate cstescry of acts. and not the introduotien
eresens 81 nec case &c *. general S eaass
to public sports, &c., for unless u emoraces
baseball golf and all other games not specifed
show or entertsinment Is one held out and
given to the public. In 1883 this section was
amended BY dropping the word "pastimes:
tss fnG n ss nSs
In the New Testament there is no Sunday
law at all And in the Christian Church there
never have been any rules prohibiting physi-
and On
snd rom say sfs issf ~ sauSssoe long sse
csnterbury that Mr.. Balfour. the Prime
Ministsr q England pssSSsdb sns game ei9 q sUi
p Sponss % in writing was that II is certain, that
tie Christian Church has never laid dowI
detailed directions affecting the ACTIONS q
| individuals In this matter. Ehch of them I
4, e Sof sr so tSs Sns es
| that follow" IL In not to be understood
that the Legislature. meant to be stricter thar
the diyine law Of the hebrey scriptures. o.
| than the rules Of the Christian Church. ey
oeptins the extent to which II has expresal!
gone.
Justice daynor then makes refereno'
70 several previous decisions that nigh