The Colville examiner. [volume] (Colville, Wash.) 1907-1948, 1908-04-25
Sunday Baseball

In reply to request from all the organized base
ball teams of Stevens county, Prosecuting At
torney j. A. Rockford has prepared lengthy
opinion, touching the application of the anti-gam-
ing statutes of the state to the much mooted ques
ton of Sunday baseball. The opinion will be in
terestng to the public because it is the result of
an exhaustive research of the laws and decisions
of the various states, Including construction of
the amusement laws of Washington state Follow
ing is the letter:
Complying with the general demand for an
opinion as to whether the game of baseball falls
within section 1885, Pierce's Code and Statutes of
the state of Washington, and is therefore prohib-
tied on Sunday have to advise you that the mat
ter has never been passed upon by the courts of
this state. am of the opinion that the question is
one which will and must be governed by the rule
of statutory construction.
l have given the subject as thorough an investi-
cation as possible with the facilities at hand and
find that the text books offer but little assistance
The supreme court of the state of Nebraska in
the case of State VS. ORourk ct al has decided that
under their statutes the game of baseball comes
within and is prohibited by the term sporting"
sporting" being the general term used in connec
ton with particular specific acts.
The supreme court of the state of Ohio in the
case of State VS.. Powell, decided April 19, 1899,
holds that playing baseball or exhibiting game
of baseball falls within the statute of that state
and is therefore prohibited. The state of Ohio,
upon that subject, makes it penal offense "for
any one on the first day Of the week, commonly
called Sunday to play baseball or exhibit any base
ball playing"
Upon reading these statutes, find that they are
very much broader than ours, the statute of Ohio
hnnO cpocifc in fnrno op1 6irootad porticularV
against baseball, and are therefore calculated and
intended to cover field upon which our legisa-
| ture has not spoken.
Contary to those decisions, l find that the su-
preme court of Missouri in the case of the St. Louis
Agricultural and Mechanical Association VS.. Be-
| lano under the following statute: Every person
who shall be convicted Of horse racing, cock fight
ing playing at cards or games of any kind on the
| first day of the week, commonly called Sunday,
| shall be guilty of msdemeanor" decided that the
term 'games of any kind" does not include and
therefore does not prohibit athletic sports but says
these prohibitions are evidently levied against sports
| and games that have demoralizing tendency and
do not extend to mere athletic sports, and adds
This section is penal and is therefore to be con-
strued strictly"
also find the same court in we'll considered
opinion, dated June 80, 1900 entitled Ex Barte
Meet, found in the 57th Southwestern Reporter, at
page 1926 deciding the question which is being
considered in this opinion.
In the last case mentioned the defendant was
arrested and was then imprisoned upon convic-
ton for the crime of playing baseball on Sunday.
The case referred to reverses the conviction and
holds that the party was wrongfully imprisoned
The court said in that case. speaking of an early
decision of the supreme court of Missouri, entitled
State vs.. Williams, Williams having been convicted
under that statute and this case of the State vs.
Williams being cited to the court as an authrotiy
for the conviction and Imprisonment of Meet:
If the view of the Williams case had been
adopted, this statute would have been elastic
enough to cover every game that ever was or ever
will be invented no matter whether it was HARM
less, promotive of physical or mental development,
or deleterious to both 1t would prevent games of
chess backgammon, jacks authors, proverbs, faro,
|