Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1906-06-29
Supreme Court to Pass On a
Question Involving the Va
cant Lot Ball Games
CASE FROM TOWN OF CHARLTON
Right of Boys to Play Base Ball and
Make a Noise in the Vicinity Of
Mans Home to Be Tested-Robn-
son Says That tuberculosis Can Be
Cured.
Special % Times-Republican.

Il
| Des Moines. June 29.-In case that
| has been appealed to the supreme
court from Lucas county there is in
yolved all the right of the small boy
/ to play baseball and should the case
be decided against the small boy 1t
may endanger the national game in
inclination of the members of the SUI
preme court-if there is any such in
clination-is appealed to and their
knowledge of the game as secured
from witnessing the league games In
this city, is called upon in the argu-
ment for the small boy.
In the city of Charlton W. A. Eiken-
berry owns number of vacant lots
that are located together and are used
! for a public park and commons. The
small boy and big boy also of Charlton
go to this lot to play base ball. He
has gone there for years, until one
j. F. Spiker bought residence near
| lIC anu ilG dShtd LII All III
| junction against such use of the
grounds on the claim that it inter-
| ferred with his rights. He was given
a Judgment for 81 and costs amount
ling to s4S.30. The amount of the
money is not serious question in the
| litigation but the right of property
| owner to use his property for whatever
purpose he chooses and the right of
the small boy to play baseball even tho
| the noise disturbs a neighbor is in
volved.
Attorneys for Eikenberry, with whose
suit to use his property for whatso-
| ever he likes the interests of the
small boy is inseparably entwined, ar
que to the supreme court in an argu-
ment filed today that Spiker sued for
an injunction to stop the noise on
the lot and about the lot together with
the drinking and swearing and was
given an injunction against playing
base ball, something he had not asked
for. Presenting the fact that the mem
bers of the supreme court have at
tended many of the league games in
Des Moines the attorney for Eiken-
berry says: This court no doubt
has attended many a game behind
the Auditorium in the. city of Des
Moines and on the other side of the
grounds is range of brick tenement
houses. The boys hollow, the judges
applaud and occasionally the ball Is
bowled over into aunt Hannah's"
back yard, but who complains? 1t on
lily remains for a~Jucas county dyspep-
tic to get the first injunction against
- * &xtv, o, fos "a
baseball within the sacred precincts
Of plaintiffs COW lot and garden"
Charles A. Murray, the attorney, then
proceeds to argue that the whole OBJ
ject of the suit is to save few pump
kins and a little horseradish, which
compared with baseball he implies is
insignificant.
Judge G. S. Robinson of the board Ut
control, agrees that every person In
Iowa afflicted with tuberculosis can
cure himself If he will go about it prop
erly. The whole question of treatment
hinges on proper and painstaking care
of the body and sleeping out Of doors.
All thru the east he investigated at
every sanitarium he could find ana
everywhere the same treatment is pro-
vided and it cures. He claims that any
one in Iowa Of the 1000 cases known
to exist could take up the question of
treatment and master it If he will go to
the extreme limit of obeying the In
structions of his physician after he has'
found physician who understands
tuberculosis. The part that the pa
tient can supply is the living outdoors
and the careful treatment. 1t is not
necessary to 60 to sanitarium and
the main object Of the sanitarium that
is to be erected in this state is for the
purpose Of disseminating information
to the people of the state as to how to
cure themselves. The sanitarium will
be erected with the idea of having the
patients live outdoors. There will be
large buildings of substantial structure
but the cure part of the sanitarium
will be little shanties that will hold a
number Of patients where the sides
will be all open, winter and summer
and here the patients will be required
to stay day and night.
These shanties are erected with the
sides boarded up about three or four
feet high and the rest to the roof all
open. On every farm where there is a
TUBERCULOSIS patent anu UIl every lily
lot where there is member Of the
family afflicted such sl1anties or tents
could be erected and this is the main
part of the treatment. 1t is not all of
the treatment however. The rest of the
treatment consists mainly in burning
up the sputum and the rest in diet
and proper care of the body. This in
formation the anti-tuberculosis society
of Iowa OF which Ex-Governor LARA
bee is the head, will seek ITO spread ov-
er the state for the benefit of the 1000
and over persons afflicted. The sani-
tarium to be erected by the state will
bring to the state the best physicians
along that line and they will further
more be used in the same way and for
the same purpose-to cure the patients
brought to the state hospital and also
to disseminate knowledge so that the
people can take care of themselves
out in their own backyards.
NEW INTERURBAN ROUTE.