The Detroit times., 1908-08-29
SUNDAY BALL GOES;
COURT REFUSES
MANDAMUSl
DECLINES TO INTERFERE WITH
DISCRETION OF POLICE COM.
MISSIONER IN ENFORCEMENT
OF LAWS.

Four circuit court judges. Brooke.
Hosmer, Donovan and Rohncrt, SIT
ting together Saturday morning de-
MED the mandamus asked by Prose
cutting Attorney Yerkes TO compel
Police Commissioner Smith to prevent
the playing OF Sunday ball in Detroit
The decision was announced after
listening to argument, made by for
mer Mayor George p. Codd. VINO re-
presented Commissioner Smith. and
Frank ID. Eamans. who appeared for
the prosecutor Prosecutor Yerkes
was present but took no part in the
discussion. The Rev. John Sweet.
who Is leading the ministers N the
fight against Sunday ball. and largo
number OF fans were Interested spec
tators.
Codd argued that the judges were not
compelled TO grant the writ, which Is
only granted AS al extraordinary
measure where great wrong as being
done or where property interests are
at stake. He quoted at great length
from the statutes and from court de-
cisions showing where mandamus had
been denied In similar cases In several
states
Mr. Codd argued that the authori-
ties had an adequate remedy II they
wished to stop the game, the law
providing that the players can be
fined in police court.
Assistant Prosecutor Eamaas de-
MED that they had remedy. The po-
lice court fine for 20 players would
amount to only 5000, and the club
would be glad to pay that amount
every week for the privilege OF play
ing on Sunday. He pointed out that
the law aims at stopping the game. not
at fning the players after the game
has taken place.
In reply. Codd said the prosecutor
has no knowledge Of the working Of
the law as complaint has never
been made.
Mr.. Yerkes has known for months
that Sunday ball was being played.
Why has he never taken action to
has the prosecutor to single out Sun
day baseball. when other Sunday laws
are being violated every Sunday? Why
does he not stop Sunday papers, the
aters, excursion boats? II the prose
cutor has the right to use his dis
erection in these matters, we have the
same right to use our discretion and
play ball. There is no difference be.
tween professional ball and amateur
ball. and yet the city council has
given permission to play ball on Belle
Isle on Sunday"
The majority OF those present at the
hearing anticipated the decision Of the
judges from the questions asked dur
ed averse to taking the place OF the
police commissioners and the question
was asked to what extent the grant
ing OF the writ would lead the judges
In the governing OF the city.
After short consultation the
Judges denied the mandamus, giving
the following reasons:
Gases where the jurisdiction Of thu
court has been invoked to Issue writ
of mandamus under circumstances
like the present lead us to the con-
clusion that the writ should not Issue
merely to supervise the action Of the
police commissioner, or, under ordin'
airy circumstances to interfere with
his discretion in the matter OF enforc'
ing the law. The weight Of authority
is against the issuance Of the writ. and
It Is, therefore, denied"
Assistant Prosecutor Eamans would
not state what the next step would be
and he expressed the opinion that a
game would be played on Sunday
Asked IL the players would be arrested
and fined he was unable to say.