The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1909-11-10
fsUSpAY BASEBALL vNLAwFuL,

I2GENE E9AANll9t1tNh ~ ~
Judge Ma5ewelE. of harrisburg, in
stTucted the grand jury yesterday to
find Indictments against all persons
who had engaged in professional base
BAH playing III Harrison county within
the past twelve months. His instruc'
tipns and comment on the subject fol-
low: 81 :.
man who engages In professional
Baseball makes 1t his vocation. trade
calling and employment. He thus en-
cages himself for tho purpose OF max.
ing q living, or at least for gain. The
batting or baseball is as much
part on the business Of q professional
BASEBALL player, who Is paid for his
time and talent as Is the nail1ng on
nta horseshoe part of tine business
OH sblac ksmfttf. but 1t differs In this
thai cirou1nstah noes might we'll be such
tina the driving on of q h0rsesnoe on
d hath 8enld be. a, NECESSITY but
ciicttlnsta are never snchTthat the
ting sof. III baseball on q Sabbath Is
: 4 work 81 either necessity or charity
tIii discussing the purpose OF oul'
SafhtJSt iii ubseFyaiiee statute q Iisttn'
kuished IiI e az tie Supreme Court
4 ifsonF ST I'm q case reported in the
fifteenth volume III the West Virginia
Reports. used the following language
at was 6bvi6nsiy mot intended by.
our statute u ertfoEce the observance
81 the sabbath as religious duty,
The legislature obviously regarded 1t
rs jifomotiYe of the mental moral and
pffy sfcal WeIl-being OF men, that they
should rest from their labors at stated
Intervals; and In this all experience
snowy thew were right. II then rest ts;
10 he eiioined as a matter OF public
s pulicy at stated intervals 1T Is obvi!
Gus that public convenience would be
much promoted by the community
generally resting on the same day !
for otherwise each individual would be;
( much annoyed and hindered in find
inc that those with whom he had BUS
ftieSs to transact where resting on the
day son which he was working. The
LEGISLATURE holding these views in Sc.
iectink tne particular day of rest
doubtless selected Sunday because IL
was deemed a proper day Of rest by 2
majority OF our people who thought II
q religious duty to rest on that DAY !:
and IN selecting this day for these
reasons the legislature noted wisely
The law requires that the day De oD
served as o day or rest, not because II
M q religious duty, but because such
observance promotes the physical
/ mental and moral wellbcing of the
community: and Sunday is selected
al 5this day of rest because II any other
day had been named 1t would nave i'm
T6sesd Unnecessarily onerous obliga
lions on the community, inasnuca as
many Of them would have rested on
Sunday as q religious duty, and the
rediiifement OF another to be observed
as day OF rest would have resulted
In two days being observed instead o.
one, and thus time would have been
tiselessly wasted. This, conceive. Il
the main object Of our laws: put It IL
not It's only object. While am thus
resting on the Sabbath IN obed1ence
TO law It is right and reasonable thai
nv rest should not be disturbed by
Others such "a disturbance BY other:
az my rest Is in It's nature a nuisance
which the law ought to punish, and
SaIbbath breaking has been frequently
Chased with nuisances and punished
asfsuehH
The DISTINGUISHED Judge Of the Su
( hrenA Court has thus spoken In pro
teetion of the rights of the many PEG
Die Who desire to rest on the Sabbath
dBv m accordance with the law, ant
who do not wish TO have their res
disturbed unnecessarily.
This court, Of course, does not taxi
the p3sitftn that the PLAYING OF non
professional baseball on Sunday D!
finpaM players Is violation of tn!
sfatllte under consideration, although
circumstances might DO such as +
render stich playing for finn a nuisance
ana las sach an indictable cffense. Blu
tflis court does talae the position tina
the. paid professional baseball playe
who engages in, his profess Ion or yoca
ton ior gain on the Sabbath Is q VIC
tStcr Of the sthtAte under constdera
( ton, H.
81 Will be your duty to enquire int
I this natter, and IN YOU Aid that thor
have been any Vlolat1ons of this sta
ute UNDER this instruction wlthi u, "a