Deming graphic. (Deming, N.M.) 1903-1948, 1912-11-15
Supreme Court Approves Or
derby Sunday Base Ball.

The question of Sunday base ball
has been discussed pro and con
throughout the state for many years.
and now is settled by unanimous de-
cision of the Supreme Court.
1t appears that in August, 1911,
Justice Pope. sitting at Clovis, Curry
county, convicted member of a
base ball team for playing ball on
Sunday. in violation of the Sunday
law. Il will also be remembered
that there was considerable agita-
ton about that time in Deming re-
garding Sunday base ball, and that
A. W. Pollard, then district attor-
ney, gave as his opinion that orderly
base ball did not violate the law,
which decision was the subject OF
discussion and condemnation by a
civic league" then in existence.
Mr.. Pollard held to his position
however. and now the Supreme
Court of New Mexico, by a unani-
nous decision, on appeal from the
Clovis court. says that base ball,
so long as it is conducted and car
ried on in harmless and proper
manner. free from rowdyism, gam
bling and immortality, does not come
within sports prohibited by the
statute.
Justice Hanna wrote the opinion,
which is concurred in by Chief JUS
tice Roberts and Justice Parker.
In concluding the opinion, which
is quite lengthy, the Court says:
Physical exertion alone certainly
, does not constitute labor within the
meaning of the statute, otherwise
people would be precludcd by stat
ute from walking, engaging in any
recreation. or doing any act, unless
the same was matter of necessity
| charity. or mercy; nor does the mere
fact that remuneration is received
for physical exertion change tn
) character of that cXertion so rs Z
make it labor, if it would not other
wise be so. Ii man chops IA cor
of wood. We would all agree tina
that is labor. whether nc receiV
any compensation for it or not; ant
ON the other hand, it must equal
he true that recreation or amus'
ment is not transformed into labC
because the persons INDUCING in tt
recreation or amusement receive
nav for so doing. This would
placing, we think, an unwarrant'
- construction upon the statute. \
III one would contend that the acti'
of band which plays in many
our cities and towns on Sunday Il
% the entertainment of the public
~ engaged in labor within the mea
. ing of the statute, although u
members receive compensate
therefor. nor would it be contend
that the statute extended the case
paid singer in "A church CHR, "
sings for the entertainment OF |
congregation and for the benefit
religious worship and instructio
thereby attracting the attendance
nersons who might not otherwise
tend church. The Supreme Court
Ohio in the case of Bloom v. XIX
ards, . Ohio st. 1857, in construl
g the meaning Of the word labor
~ used in a Sunday statute, said: !
EE word labor is usually employed
i OF signify manual eXertion of a t.
ght. some nature" The Legislature
N.Y. the Territory by the use of this W.
- certainly did not intend to use 1t
NJ the enlarged sense, but was uslnI
Y word commonly understood by
people to mean physical exertlon
a toilsome nature, INDUCED in
mankind to acquire n sustenar
ON The purpose of the statute was
set apart this day rs day Of
for the people from the ordinary
cations pursued by them through
week.
what could be more restfu
helpful to the man who spends