Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1912-05-14
A Typical and Instructive Case
By Bishop Warren 4. Gambler

pass in Nashville Tenn, the other day. which is
typical of general class of cases that it deserves
something more than local attention.
Sunday baseball is in plain violation of the law
in Tennessee. About that fact there be no sort
of doubt or dispute Nevertheless this law against
the playing of baseball in the state of Tennessee
has been openly, continuously. and flagrantly vio
lated in the city of Nashville, and the officers
charged with arresting lawbreakers have done moth
ing in the face of the public and persistent infrac
ton of the Statute.
The city authorities of Nashville could, if they
would prevent a proposed game of baseball or
break up game after it's beginning if it violated
this Sunday law, and it is their duty enforce the
laws of the Commonwealth much the Munich
pal ordinances
Equally the authorities of Davidson County, in
which Nashville is located under obligations to
enforce the penal statutes of the State courage
sheriff a faithful states attorney might with
out any question of authority being raised put an
end to such lawlessness.
But none of these authorities have done anything
to arrest this evil Whatever efforts which they
have seemed to put forth have been spirtless and
perfunctory, creating contempt for law than
inspiring respect for law. At last appeal was
made to Hon. John Allison of the Chancery Court,
who upon hearing of the case issued a decree for
bidding any Sunday games and the evil
stopped nstanter
Omtting to consider the propriety and legality
using the process of injunction for the enforce
ment of criminal matter which may be left to
the judgment of the learned Chancellor-it is most
remarkable that the fear of the Chancery Court has
been effective deterring evil doors from lawless
than has been the power of all the municipal
authorities ofthe city of Nashville. and the county
authorities of the County of Davidson. The dignity
of the Chancery commands respect from men who
paid not the slightest attention to the mayor, the
police, the states attorney and the sheriff
This is another illustration of the fact that law
can be enforced wherever there is official who
determines it shall be enforced We the
thing in the matter of enforcement of the federal
and state laws with respect to the selling of intox
eating liquors. Violators of these statutes do not
tri1e with the United States Court but to state
courts they accord only the very smallest respect.
On the statute books of of the states laws,
which imbed in these codes tue impeachment of
state authorities; there are laws which make the
possession of a federal license to sell liquor prma
facie evidence of the violation of prohibition laws.
What is the significance of such fact? Is it not
clear that it that men who will not dare risk
selling liquor without federal license do not hest
tate to set at nought state laws which prohibit the
sale of liquor. A license law contains the principle
or prohibition; Tor IL prOhlDltS all persons SelHng
without license and federal prohibition is
spected while state prohibition is defed Perhaps
if federal judges were elected by popular vote they
would be as little feared as state judges. If they
were made subject to recall the liquor interest
would doubtless see to it that they lived in whole
of ballots cast at the dictation of brewers
and distillers.
In this connection should be drawn important
lesson from the case in Nashville Chancellor ALI
son seems to be a fearless and incorruptibe judge,
and the Sunday base-ballists do not care to tri1e
with him. 1t behooves good people in all the states
in which the judiciary is elective to see to it that
only such elected to the office of judge.
Our judges affect more vitality and infuentialy the
enforcement of law than do our governors, if the
pardonng power of the Executive be left out of the
account If by chance a governor gets into office
who uses the pardoning power too freely, he will
thereby show himself the representative of the law
less elements, and the good people of the Common
wealth can be trusted to dispose of him. But cor
rupt judge may be kept in power by a local ma
chinery and put lawlessness under such protection
as even the governor of the state cannot reach it,
Let no bad man be elected to judgeship.
drinking judge will nulify prohibition in all his
circuit and turn all dry regions into wet areas
wherever he goes.
There is another lesson to be drawn from the
case in Nashville the sporting gaming set is
lawess set and they particular addicted to the
proclamation of the Sabbath in contempt of the laws
of both God and How could it be otherwise?
Teams of strolling athletes with muscles equal to
any task, yet rowing the country with no more
serious business in life than playing ball. are likely
to lose all sense of responsibility to God or respect
for earthly statutes Whatever exceptions from this
rule that may be found in this team, that, (if
there be any EXCEPTIONS it remains that men who
1.-Two Ri
of moral life or law-abding citizens These teams
are nothing short of streams of disregard of law
pouring through the land They must give rise to
no little Generalization wherever they go.
The inordinate passion for games which is prev
alent in every part of the land is symptom of an
evil disease which is seriously affecting multitudes
of both the young and the old.
Just the other day the newspapers reported the
case of a woman who declared that she was so de-
ebta had To