The Montgomery advertiser., 1908-05-11
ALL PLAYERS ARE ARRESTED Will Test Sunday Base
 ball Law. UMPRES ALSO IN LIMELIGHT Mobile Citizens Sign Bonds and
 Games Continues. It Has Been Reliably stated That All Twenty of the Men Arrested
 win Demand Trial by
UMPIRES ALSO IN LIMELIGHT

Mobile. May -(speciaD-The val idity of that section of the new code of Alabama, which forbIds the playing of base ball on Sunday, will be tested in the courts.
 The eighteen players of the New Orleans and Mobiles CIdbs, who par ticipated in the game at Monroe Park this afternoonss and the two umpires who officiated, were arrested at the close of the second inning by Deputy ShS Vim. M. Nugent and they all gave bond for their appearance to- morrow before Judge Jules D. Afford. of the Inferior Criminal court. The bond of each man was signed by Har- ry T. Hartwell and c. z. Colsson and they were released and the game pro- ceeded to the end.
 There were rumors afoat all day yesterday that the law and order league would take steps to prevent the game and many of the crowd were on the lookout for trouble. So quietly was the whole affair conducted. however. that not a dozen people outside of the principal actors knew that anything of the knd had transpired. When ask ed tonight who procured the warrants on which the arrests were made. Mfr. Nugent said:
 No one. No warrants were neces- sary. was present and saw the game. when aH officer sees a misde- meanor committed. he may arreaa without a warrant. saw this and made the arrest"
 The management of the base ball association are gratified thar a test is to be made. They feel keenly the assertion so often made that they are law-breakers or that they are in open defiance of the law. They have acted. so they say, in accordance with the advice of their attorneys who assert that the law will not stand test as to its constitutionality. They desire that the matter be presented to the proper tribunals and this view be sus- tained. relieving them of the unpleas- ant position the present uncertainty places them in. If on the other hand, the views of their att,sfneys are not sustained and the law is held to be good, there will be no more base ball on Sunday in Mobile. So far as the Southern League is concerned
 It Is reliably stated tonight that all twenty of the arrested will waive ex- animation and demand a jury trial. This will carry thei cases direct to the city court There an attempt will be made to submit one case as test, continuing the others until that case goes to the supreme court. This is the plan proposed by the ball men.
 
 sunday base ball that it will require several months to secure a decision from the higher court and that the league season will have passed in the meantime.
 Mir. Hartvyell's Views.
 Tn an interview tonight on the sub feet. Fl T. HartwelI, Vice President of inc Mobile Base Ball Association. said:
 I've do not feel that we are violat- ing the law. We are advised that we have a right to play ball. that the law forbidding 1t IS not constitutional and we propose testing that point. If the courts decide against us. we will obey the law as they construe 1t. Even if we are now violating the letter of the law we are doing no worse than the moving picture shows the pool rooms. and many other such institutions. Why make fish out of one and fowl out of another?'