The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1911-07-09

Judge z. D. Beggs. OF the court OF
record, yesterday declared unconstitu-
tional that part of the Legislative act
Of 1911 authorizing the city Of Pensa-
cola to repeal the state law prohibiting
Sunday baseball and to pass an ordi-
nance licensing such sport on Sun
| day.
The decision upholds the state law
Of 1905, prohibiting Sunday baseball,
and makes said law operative in PEN
sacola as well as throughout the state
The decision was rendered in the
form of a denial Of the motion to
quash the alternative writ OF man
damus under which Justice Of the
Peace Nicholson had been commanded
to issue a warrant, or show cause why
he should not do so, for the arrest OF
John G. Oliver who was charged with
violating the state law prohibiting
baseball playing on Sunday.
Judge Beggs, on request Of counsel,
gave Justice Nicholson until Monday
to decide whether he would issue the
warrant, file an answer, or give a
superCedeas bond and appeal to the
supreme court.
ATTORNEYS IN THE CASE.
Justice Nicholson was represented
by w. A. Blount, w. H. Watson and
kirke Monroe. Rev. b. Bitch, the re-
| lator, who started the prosecution, was
represented by M. e. Morey and h
Pope Reese.
The case started with the applica-
tion by B. Bitch to Justice Nicholson
for a warrant for the arrest Of John
G. Oliver. Justice Nicholson refused
to issue the warrant on the ground
that the state law Of 1905 was repealed
by the act Of 1911, so far as Pensacola
was concerned. Mr.. Bitch then ap-
piled TO Judge Beggs for a writ OF
mandamus compelling the justice to
issue the warrant. Judge Beggs grant
ed an alternative writ which was ar
gued with the foregoing result.
THE MOTION TO QUASH.
Following is the motion to quash,
which was overruled by the court:
In the Court Of Record OF Escambia
County, State of Florida.-B. Bitch VS.
r. L. Nicholson, as Justice of the
Peace in and for the Second District
Escambia County, Florida.
Now comes the defendant. by his at
torneys, and moves the court to ouash
the alternative writ Of mandamus
herein issued for the following reasons,
to-wit:
l. That the said writ is not pred
icated upon a petition brought In the
name OF the state OF Florida.
2. That the recitations Of the writ
are not sufficient to show any right TO
any relief.
2. That It does not appear that the
relator has any such interest in the
rights sought to be enforced as to
warrant his maintaining this action.
4. That the right to a writ OF man
damus is not made clearly TO appear
by the recitations Of the said writ.
8. That II appears from the reci-
tations and command Of the writ that
they seek to control the defendant in
his judicial acts.
6. That it does not appear that
the relator either paid or offered to
pay the costs required for the issu-
ance Of the warrant demanded, or
made or offered to make any affidavit
as a condition precedent 70 issuance
OF said warrant, that he was insolvent
and has sustained substantial injury
in person or property.
Z. That the recitations Of the said
writ do not negative that the act OF
June 5, A. D. 1905, entitled AN Act
to Prohibit Certain Games on Sun
day" had been suspended and re-
pealed within the corporate limits OF
the city Of Pensacola particularly
within the enclosed lands where the
said John c. Oliver INDUCED In the
said game Of baseball
8. That the reCitations Of the petf-
tion do not negative that an ordinance
Of the city Of Pensacola had been
passed authorizing the playing Of a
game Of baseball on Sunday within
such enclosure as the said Oliver may
have played in and such allegations
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