The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1911-06-29

cused, and would refuse to prosecute
said case on the ground that said act
of the legislature prohibiting the play
ing of baseball on Sunday had been
superseded and repealed within the
corporate limits of the said city of
Pensacola by said ordinance;
Your petitioner further represents
unto your honor that prior to his APP
plying to the, said r. L. Nickelsen for
said warrant of arrest, he applied to
Henry Bellinger, county judge in and
for said county of Escambia, who re-
fused and declined to issue a warrant
in said cause on the ground that it
would be useless since said county So
licitor had stated that he would refuse
to file an information in said cause in
this honorable court Of record because
in his opinion said state law prohibit
ing the playing of baseball on Sunday
had been superseded and repealed by
said city ordinance; and your petit
toner further represents that the said
county judge is now beyond and out
side of his territorial jurisdiction, and
that he will not return for several
days;
That your petitioner has no other
adequate or specific remedy at law
and is without remedy in the premises
except by writ Of mandamus COM
handing the said r. L. Nickelsen, as
Justice OF the peace III anu SAID
district of said county, to perform his
duties in the premises aforesaid,
Wherefore your petitioner prays that
a writ of Mandamus be issued by this
honorable court, directed to the said R
L. Nickelsen, as justice of the peace in
and for the Second Justices district
aforesaid, commanding him to issue
said warrant of arrest and to sign the
same and to aff1x the seal Of his said
court to said warrant, and to do and
perform his duty in regard to said
warrant as the law directs; ,
And your petitioner will ever pray,
etc.
MANLIUS E. MOREY,
Attorney for Petitioner.
State of Florida, Escambia County.
Before the subscriber personally ap-
peared B. Bitch, who, being duly
sworn, says that he is the petitioner in
legations thereof are true to the best
of his knowledge, information and be-
B. BITCH.
Sworn to and subscribed before me
this 28th day of June, 1911.
(SeaD WIN. D. HOWE,
Notary Public, state of Florida at
Large. -
MY commission expires September
10, 1896.
Sworn to and subscribed before me
this 2Sth day of June. A. D. 1911. -
(SeaD c. G. HARTSFTELD.
Notary Public.
THE COURTS ORDER.
Now, therefore, we being willing that
full and speedy justice should be done
in the premises, do command you, R.
L. Nickelsen, justice of the peace in
and for Escambia county, Florida, that
you forthwith issue your warrant in
the name of the state of Florida, under
your hand and seal of office directed
to the sheriff or any constable of Es-
Gambia county, Florida, commanding
them or one of them forthwith to ar
rest and bring before you the said John
G. Oliver, and that you express in said
warrant that B. Bitch has made oath
before you that the said John G. Oliver,
on Sunday, the 25th day of June. A. D.
1911. in the Second district of Escam-
bia county, Florida, did engage in a
game of sport, to-wit: baseball. and
that you deal with said accused ac-
cording to law, and otherwise do and
perform your duty in connection with
said warrant as the law requires; or that
you show cause why you have not done
so before our court of record in and
for Escambia county, Florida, at ten
o'clock a. m. on the LIST day of July
A. D. 1911, and have you then and
there this writ.
Done and ordered this 2sth day of
d. BEGGs.
Judge