New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-05-05
JUSTICE GAYvoR ON SUNDAY BAsEBALL

JUSTICE GAYYOR on SUNDAY BASEBALL.
The Penal Code of the State of New-York.
Section 2e5. contains this provision "AIl shoot
ing. hunting, fishing playing horseracing.
gaming or other public sports, exercises or
shows upon the first day of the week, and all
noise disturbing the peace of the day, are pro-
"hibited." Heretofore baseball as a public sport
TO which admission fees were charged has not
been played In this city on Sunday, presum-
ably because Of the prevalent belief that 1t
was contrary 10 the law This year one of
the baseball associations, no doubt under legal
advice. which may have been sound deter
mined 10 have Sunday games, thus putting
the question of legality 10 a practical test-Or
at least taking the chance of police interfer-
enee-not. of course for the sake OF asserting
a principle. but for the sake of increasing its
profits. The Penal Code makes no distinction
between public sports 10 which an admission fee
is charged and those TO which admission IS
free; but, probably because il was thought that
the eNaction Of an entrance fee might be cited
as evidence that the game was a public sport,
the management adopted the subterfuge of
charging various prices for programmes accord
ing 10 the position of the seats 10 which they
gave access instead of selling tickets in the
usual way. Under this arrangement the first
Sunday game was recently played in Brooklyn,
having taken official notice Of the matter re-
solved TO do what he conceived TO be his duty.
BY direction OF the Police Commissioner ar
rests were made. but thereafter the game was
permitted 10 continue. his obvious purpose being
to secure n decisive determination of an unset
tied question A decision has now been rem
dered by Justice Gaynor, but whether or not the
question has been settled thereby remains TO be
seen. The learned Judge, in a characteristic
opinion. holds that If Sunday baseball IS an Of
fence IL is an offence Of minor degree, which
should be left for redress TO the coming for
ward Of private accusers before the magis-
''trates or other authorities as our laws and the
procedure Of our courts contemplate" and not
''meddled with by constables or policemen" and
he says further:
The general sentiment of the community has
to be consulted in respect 10 the enforcement OF
certain laws and always has been in the Anglo
Saxon world as we'll as elsewhere. until recently
in the city OF New-York- 1t is a maxim Of the
law that you cannot indict whole COM
munity. The Anglo-Saxon sheds statutes which
grow obsolete and obnoxious the same
snake sheds his skin. He has seldom bothered
to repeal them, as every one acquainted with the
history OF laws very wei knows. No citizen any
longer makes a complaint under them, and thus
they become dead letter laws. II is not the bust
ness Of the police to revive them. They are not
employed and paid by the citizens for any such
purpose.
In philosophical disquisition on the science
Of law the foregoing dicta would not be out Of
place and might not provoke dissent but we
cannot think that they At snugly into the case
which Justice GaynOr was deciding. They GER
tainly do not gather pertinence from his pre-
viOus illusions TO green fields and wholesome
exercise as better for young men Sunday
than dance gardens. drinking places and pool
rooms. AS a matter OF fact there has been no
interference for years with such Sunday pas
fines as he Tins cOmmends 10 Young men who
scarcely have a chance 10 see the sun except on
the first day Of the week. They are free on
Sunday Of a hundred vacant lots where baseball
can be played with more less satisfaction,
and every dock along the waterfront is the
sort Of fishermen who cheerfully bob for what
they seldom get. There is very little that is
puritanical about a Sunday in New-York. The
real question before Justice GaynOr was whether
or not crowds OF persons most Of whom are
frequent attendants on weekday ball games,
should be permitted 10 contribute Sunday TO
the profits Of a baseball association without pO-
lice interference.
Justice Gaynor's decision IS that It will be
time enough for the police 10 act when a citizen
has obtained warrant on complaint that he has
suffered from a disturbance Of the peace of
Sunday. Mr.. McAdoo will be guided by this de-
cision. but he says he is very sorry the court
saw fit 10 crticise him so severely. We are
sorry too, but rather on account Of the judge
than on account OF the Police Commissioner,
who seems for good reasons 10 have taken a
straightforward way Of ascertaining the mean
ing and intent of the Penal Code in respect 10
the playing Of baseball on Sunday, and through
whose action the law will soon be practically
whether Justice GaynOr's opinion
be confirmed, reversed merely acquiesced in
by all concerned