Elmore County Republican. [volume] (Mountain Home, Idaho) 1910-1915, 1913-08-09

He may not be the sun in the base
bali armament. but he Is certainly
a bright, particular star"
The question has been raised as
to whether baseball may be arbitrarily
prohibited by a municipality, and the
answer seems to be NO. Merely
playing baseball IL not, in itself, 3
nuisance, unless done riotously or In
an improper place or at an improper
time. - III,
Baseball" says the Missouri court
does not belong to the same class,
kind, species, or genus a. horse rae
ing, cock lighting, or card playing.
1t Is to America what cricket Is to
England. It is sport or athletic ex'
ercise, and Is commonly called
game, but 1t Is not a gambling game
nor productive of immortality. In q
a qualified sense 1t Is affected by
chance. but 1t is primarily and pro
perly game Of science Of physical
skill, OF trained endurance, and Of
natural adaptability to athletic skill
It is a game Of chance only to the
same extent that chance or luck may
enter into anything man may do
But when chance or luck is pitted
against skill and science. it Is az
fair an illustration Of what will re-
suit as any test that could be ap
piled. If the view Of the Williams
Case had been adopted. this statute
would have been elastic enough t.
cover every game that ever was OF
ever will be invented, no matter
whether 1t was harmless, promotivt
Of physical or mental development
or delaterious to both. It would pre-
vent games OF chess, backgammon
Jacks, authors, proverbs. faro. keno
and poker alike"
While a statute may forbid thu
playing of baseball on Sunday alto
gether, it is usually only professions
ball that is usually aimed at, and thu
courts seem inclined to interpret law
which do not definitely prohibit Sun
day baseball in all forms as apply
ing to baseball the business.
When Mayor 4Geynor was a mem
Der of the bench he was called t.
interpret the New York statut,
against Sunday baseball in case II
which an effort was being made Il
convict a man of a crime because h
played baseball on SUNDAY, and h
had the following to say:
It is practically the unanimou
sentiment OF tie religious and God
fearing people Of the community. tina
it Is far better for our grown boys an
young men who have to work indoor
all the week for living, to go int
the fields on Sunday afternoon ate
attending church. and participate II
or witness good, elevatin& healthy
physical exercise, than to be driver
instead to 60 to dance gardens, drinl
ing places; and there Is no one try
ing to stir up any obscure STATUTE
against that opinion except thos'
who rule the police. Fathers ant
mothers would much rather know
that their grown sons are at a bal
or golf game on Sunday afternoon
than not know where they are. Man.
OF our boys and young men scarcel!
see the SUN at all during the shor
days Of the year. except on Sundays
and have no other day for outdoo
exercise from one end Of the year Il
the other. This is something whicl
our ministers Of the Gospel vel
know, and the significance Of whicl
they fully appreciate"
II agree that there Is no prohibi
ton against the man who is forces
to labor during the week days. SAT-
another New York Judge in regard II
the same statute, preventing hin
from enjoying himself in an orderl'
and decent manner on Sundays, ~
long as the repose Of the communit.
Is not interrupted But the prohibition
is clear against Sunday games which
are advertised. to which the genera
public are invited, and which they at
tend in great numbers. and to witness
which money IL charged directly O.
indirectly, or which are conducted 70
finincial profit This Is not the who'll
some recreation Of the individual
which the law will not prevent
It may be sport and q quasi business
undertaking. This Ii prohibited by thu
legislature, whether wisely or unwise
ly It is no part of the courts duty t
say II the law IL improper, the rem
edy is by application to the Legislature
for it's repeal; It 10 not for the cour'
to make the law. or to countenancs
It's evasion"
The question OF the duty Of protec
ton which q baseball club owes tc