New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-05-24
STOPS SUNDAY BASEBALL.
Mr.. DELANY'S OPINION.
Police Are Told to Make Arrests
Wifhout Warrants.

Police commissioner AIcAdoo yesterday re
ceived an opinion from Corporation Counsel de-
lany that arrests for Sunday professional DaSe
ball playing may be made by the police "l'hou'
warrants where an admission fee is charseu
Mr. NcA6oo said he would make arrests as fast
oe violations occurred. and in his judgment the
selling of programmes in the place OF charging
an admission fee would not act as legal subter-
fuee. arrests would be made in either case
Charles H. Ebbets, president of the Brooklyn
Baseball Club, said last night: Il cannot say
what action the club viii take. The case has
been placed in the hands of our counsel ana
in consequence it would be unwise. and impos-
sible as we'll to give my own personal views.
In his opinion Mr.. Delany quotes decisions
of the courts. to answer questions which MI.
NcAdoo asked, and says in part:
II may be regarded as settled that a public
game on Sunday for which admission is charged
and which is advertised. is violation oil thS
Penal Code.
rneanor il is not only the right but the outy OF
any police officer arrest the persons guilty OF
this misdemeanoT without waiting for war
rant.
II may be noted that the Police Commits
sioners of the city Of Buffalo narrowly escaped
removal for failure to 60 the very things as %
which you now ask. namely for the failure TO
cause the arrest without warrants of the per-
petrators in the Illegal games OF baseball, ana
this although these commissioners We're acuLS
IN perfectly good faith, and after having sought
legal advice in the proper quarter.
Assuming that a warrant is TO be obtained
see no reason in a criminal action why 1t must
be obtained upon the evidence of the person
who has himself suffered damage from the Grim
tnal act. Any person who has knowledge of a
criminal act can certainly make complaint ir-
respective of his private interests in the matter.
am not aware Of any reason why an officer or
the police force may not make q complaint In
fact II would seem that a special duty IS cast
upon him TO do SO.
believe the foregoing answers your ques-
TlDnS. l that a doing have
1r5ed 10 err rather on the side Of caution than
otherwise
would also suggest that in view of the pres
ent condition Of the decisions n test case should
be made soon a possible which viii bring up
The entire subject before the courts and have
The law finally settled so clearly as 10 leave no
doubt in the mind of any member Of ihe com
munity as 20 what is the law upon this subject.
4 viii issue orders to the police force to make
arrests for every violation of the law where
baseball is played on Sunday as an advertised
game. and TO which admission fee is charged !
directly indirectly" llr McAdoo said yester- |
day without regard to what my own per-
sOnal feelings may be on this subject, either |
from moral. religious or legal standpoint, I !
win act upon the advice given me by the Cor |
poIdtscn Counsel and viii order the police to |
suppress Sunday baseball playing under the !
conditions mentioned. This means that profess !
'onaI games are clearly barred"
Win inc idea Of setting a judicial determine ton
ON ono OF the higher courts as 70 whether or not
Assistant District Attorney Courtney Of Kings
.ounty Yesterday submitted to the Court of Special |
sessions n Brooklyn formal complaint in the
y the players OF the Brooklyn Baseball Club |
Who were arrested II the first Sunday game this |
rate Dooley- but taking advantage of his rights.
he case to Special Sessions If the players are found
guilty their case viii be appealed II they dis
way to get the case before the higher courts. If
any game IS attempted next Sunday more arrests