New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-05-03
SUNDAY BASEB4LL LEGAL
So Justice Gaynor Decides in Case
of League Games an Brooklyn.
CRITICISM FOR THE POLICE.

Severely criticising the police and declaring that
they have right 10 try to revive obsolete laws.
Justice Gaynor. in the Supreme Court. Brooklyn.
yesterday discharged from custody Edward Poole
Frank Roth and Frederick Jacklitsch. the National
League players who were arrested for playing
baseball in Washington Park, Brooklyn. a week
ago last Sunday. Justice Gaynor holds that Sun
day baseball is illegal unless It interrupts the
repose and religious liberty Of the community. Po-
lice Captain White. he declares, exceeded his au-
thority and set himself above the law. "a thing"
he says. grown very common with the police in
this city of late years. and which there seems
be no sign Of abatement by those who control the
police"
In his opinion Justice Gaynor says that II was
decided that Sunday baseball a crime only
when 1t interrupted the repose and religious liberty
Of the community IN the OF DENIM decided
by the Supreme Court ten years ago. This decision
is still controlling. he says not having been
ruled blythe recent Moses decision by the Court of
Appeals. The police, like every else.
obey these decisions he adds. and his Captain
Whites) action seems to be in defiance OF the de-
cision OF courts
Justice Gaynor made a plea for harmless amuse-
ments on Sunday. saying:
This is one OF class of cases in which it is the
duty Of the judiciary TO speak out plainly after the
it not at ali OF, side of my judicial Office TO add to
what have already said that il is practically the
ing people of the community that it is far better
indoors all the week for a living to go into
the fields on Sunday afternoon after attending
church and participate in or witness good, eleyat
ing. healthy physical exercise than be driven in
rooms and worse places. and there is no trying
10 stir up any obscure or obsolete statute against
Fathers and mothers would much rather know that
their grown sons are at ball or golf game on
Many OF our boys and young men scarcely see the
cept on Sundays and have no other day for out
door exercise from end OF the year the other.
This Is something which our ministers of the Gospel
well know, and the significance Of which they fully
There are many minor offences which should be
leIt Tor redress 70 the coming forward OF private
ties. as our laws and the procedure OF our courts
contemplate; The accusatory method Of enforcing
community take care Of itself in such matters
and other innocent and healthy games are being
without being nodded with by constables or police
men. such NEEDING is practically unknown except
IN this city where, Of all places, We should have
The general sentiment Of the Community has to
IAN avs ana always mas been in the Anglo-Saxon
world as wei as elsewhere, until recently in the
you cannot indict a whole community. The Anglo
saxon sheds statutes which grow obsolete and OBJ
has seldom bothered to repeal them. as every one
knows No citizen any longer makes a complaint
under them. and thus they become dead letter
them. They are not employed and paid by the cti-
zens for any such purpose
The Brooklyn and Long Island Methodist Preach
ers Association at the weekly meeting yesterday
appointed a committee OF which the Rev. Eugene
G. Richardson. OF the Fleet Street Church. IS chair
man. 70 call District Attorney Clarke and tell
him that they wished the Sunday law with respect
10 baseball strictly enforced
Police Commissioner McAdoo declined to talk
about Justice Gaynor's decision late yesterday
afternoon. lie said he would wait until he had
seen the full text OF the decision. and probably
would have something 10 say on the subject to-
day.
The Rev Or David J Burreu. president Of thu
New-Fork State Sabbath Observance Association.
said last evening that the COMMITTEES would meet
to-day, and probably take some action. He added
that II Justice Gaynor correctly quoted in the
newspapers Il would be well for a Judge confne
himself 10 his function, which interpreting the