New-York tribune., 1905-06-25
SUNDAY BALL KILLED.
DEATH BLOW BY M'4DOO.
Orders EUery Player arrested
Justice KelIys Decision.

Under orders from Police Commissioner McAdoo
10 Inspector Cross. not a single game or pasebah
which has been advertised or to which admission
s charged VIII be played in Brooklyn or Queens
to-day. several occasions in the past one OF
two arrests have been made by the police goaoed
by law observance societies. but the games nave
usually been allowed to proceed with other payers
Everybody who attempts to take part IN a game
will be placed under arrest Justice helley' IN the
Supreme Court, late in the afternoon hahoeo do"i
\ decision denying q motion for the continuance
of an Injunction restraining the police from inter
fering with the Sunday games OF certain sehii-
nrofessienal teams In his opinion, he taxes tle
ground that games to which the public are lnVi.'u ~
and TO which admission is charged are eiea'is
against law. ..
commissioner McAdoo, in his letter to Inspector
Cross wrote:
All games of baseball professional or otherwisss, otherwise,
must be treated alike cannot accept @ rs
NOT accompanied by any declaration as to tne lam' &
in wise altering the to opG5n be5er 0t courts It
viii be your duty, therefore, II such sane . S II
and those openly cooperain with them
in the direction of the control of the game
1nspoctor ,ross said that he would carry out
.ho ordars of the Commissioner to the letter ana
would not allow a single game 10 proceed re WIN
roe enough men at every ball field 10 arrest every
pIaver If necessary. There Will pe lo men ''
woxbi,pton Park if any attempt is made to play
the game scheduled between the Brooklyn anu
Network teams of the National League
There IS no doubt that Sunday baseball has oeen
killed for this summer. for Commissioner MoAdoo
cannot go back on the stand that he has taheh'
and he has still mora ground fer his staha III the
decision of Justice Kelly yesterday
The decision was rendered in the case OF d me
ton fer a continuance Of temporary injunction
attained on June g. restraining the police 1roIn
preventing the Brighton Athletic Club the okedy
Baseball Club. the Loughlin Lyceum ana the eiiA
and Barry Athletic Club from playing bali on sun
DAYS In denying the motion and vacatng the III
junction Justice Kelly says:
The question whether the games of baseball, IN IN
which they desire 70 engage on sup6ay 10 go and
ee5 depends whether the games are . ~ p"fie the
n5fibiic games to which the public are invited ana
70 which an admission lee is charged t
4 yjplatien of the law and II the duty of the de-
fendant to interfere to prevent violations Oh 'he
It is not contended that the legislature has has prot t
h6ed OF of fbe gaH in the sections of
the code referred to- Justice Gaynor discusses rne
atff that there at S1e is NO prehfbto against whe is
forced TO labor during the weekaaySI wI p6 Secenf3
manner Sunday. so long as the repose hon 1I in9
is not snSaT games Which, are adver
tised to which the general public are lnVlleu, Iu
which money IS charged directly or indirectly or
which conducted for dnanGsi df tb ndivdua
which the law will not prevent It may De 5Se SpGlc,
but is PH5c 6 IS pqa pTohbed bs the egsau
whether wisely or unTiseiy II Is no r par er the
eed qg' M bv oppieation to the Legislature for its
repeal. 1t is not for the court to make the law or
countenance its evasion. . -, J..
II is agreed that there is no inherent evil In
game of baseball. and that attendance at Sucu
snort bv the public will keep them from less de-
sirable resorts Sunday, that, on the Wnole the
pastime is healthy and honest, and that where the
the community are not disturbed. no good reason
EXISTS for forbidding the game. This may be true;
hut the remedy is with the lawmaking power a1ia
il would appear that if these arguments are souIo
the attention of the legislature should nave beeh
called TO the matter before this. But the law re-
mains on the books. and while II Is there
the police authorities should not be enJoned pre-
lminary to a trial from enforcing it.
on the papers submitted to me in these cases the
/ paintfffs do not make out q for preliminary
] Injunction The answering affdavits allege that
the games public games, that they are aoVer-
tised some of them in the daily papers, others
( by posters and circulars placards produced IN
court and il is alleged that money is charged or
collected or resolved in some manner from those
, invited witness the game These facts are not
controverted or denied in any way and, following
it is my duty TO deny the motion to continue the
temporary injunction heretofore granted.
On the Commissioners announcement that no
baseball games would be permitted the brooklyn
New York National game was cancelled AFTER
comforting with his counsel, Bernard j. YORK, MT
Ebbets of the Brooklyn club decided that no at
tempt to play the game would be made. although
day baseball in the future.
Mr. Ebbets. it is said, will retaliate by making
trouble for Coney Island and other seashore sun
day attractions. which he contends have no more
right TO be open Sunday than the Brooklyns
have to play baseball.