The Detroit times., 1908-08-31
SUNDAY BALL GOES;
. COURT REFUSES
MANDAMUS
DECLINES TO INTERFERE WITH
DISCRETION OF POLICE COM.
MISSIONER IN ENFORCEMENT
OF LAWS.

Four. circuit court judges. Brooke,
Hosmer. Donovan and Rohncrt. sill
ting together Saturday morning de-
MED the mandamus asked by Prose
cutting Attorney Yerkes 10 compel
Police Commissioner Smith 10 prevent
the playing OF Sunday ball III Detroit.
The decision was announced after
listening TO argument made by for
ner Mayor George p. Codd, wno re-
presented Commissioner Smith. and
Franz ID. Eamans. who appeared for
the prosecutor. Prosecutor Yerkes
was present but took no part III the
discussion. The Rev John Sweet.
who Is leading the ministers N the
light against Sunday ball, and q large
numbeg of fans were interested spec
tators.
Codd argued that the judges were not
compe He'd TO grant the writ, which Is
only granted AS an extraordinary
measure where great wrong is 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 10 stop the game, the law
providing that tine players Cau be
fined in police court.
Assistant Prosecutor Eamaas de-
MED that they had a remedy. The po-
lice court fine for 20 players would
amount TO only $500, 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 fining the players after the game
has taken place.
In reply, Codd said the prosecutor
has no knowledge of the working Of
the law as a complaint has never
been made.
Mr. Yerkes has known for months
that Sunday ball was being played.
Why has he never taken action to
test the law?' said Codd. What right
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? III 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
| ing the arsSments. The judges seem
ed averse to taking the place Of the
police commissioner, 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:
| Cases where the jurisdiction OF the
! court has been invoked to issue writ
OF mandamus under circumstances
t like the present lead us to the con-
! clusion that the writ should not issue
merely TO supervise the action of the
police commissioners, 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
II is. therefore, denied