New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-07-05
SUNDAY BASEBALL HELD
ILLEGAL BY CARM0DY
1.-The Law Is Violated When the
Peace of the Day Is
Disturbed"
FREE GAMES NO EXCEPTION
Attorney Generals Interpreta-
ton of Penal Law for Sul5er
Affects New York State
League Games.

Albany, July 4-The playing Of baseball
on Sunday is prohibited where admission
is charged, where II is open 10 the gen
erdl public and where IT disturts the
peace, according TO an opinion submitted
10 Governor Sulzer by Attorney General
Carmodv.
The opinion is expected ~ have an Inn
nortdnt bearing on the playing Of base
ball ON sunday by teams In the New
York state Baseball League. which in
cludes Albany. Troy. Utica. Syracuse.
Binshamton and Elmira Wilkes Barre
and Scranton also are members Of this
organization
Recently Governor Sulzer received an
inquiry from the Sheriff and District At
torncy Of Rroome County concerning the
Legality OF Sunday baseball as PLAYED in
that county. The inquiry which was re-
forrcd by the Governor to Mr. Carmody
FOR an opinion, is as follows:
baseball games on the schedule Of the
New York State Baseball League are
being played on Sunday afternoons be
tween the BInEhamton team and other
teams Of the same league composed Of
professional baseball players. on grounds
owned by an individual citizen, who also
owns the said Binghamton team. The
grounds are located within the limits ~
the Incorporated village OF Lestershire,
but are IN an unsettled part Of the village
No admission. fee is charged. directly or
indirectly. nor is q collection taken. Ad-
mission is by printed invitation Of the
owner Of the said team and grounds, and
the invitation tickets arc free and are
given by the owner 10 his employees and
others r is necessary TO have ticket
i'm order 10 enter the grounds and the
tickets are not distributed 10 the general
public, although large numbers thereof
receive invitations and attend the games.
The owners employees number over six
thousand and this number has been in
v'tcd and has attended
Assuming these 20 be the facts and as
sur7ing also that the games are carried
on in such a manner that the repose and
religious liberty Of the community are not
disturbed thereby. are such games viola
tons Of the law and what are the duties
OF the Sheriff and District Attorney?
Assuming that, In your opinion, such
ball playing violates the law, should the
Sheriff not only arrest the offenders, but
also prevent the unlawful acts from being
committed by taking possession OF the
ball diamond before the game begins and
preventing the game
Mr. Carmody's opinion follows.
Section Pas Of the Penal Law is as
follows. All shooting, hunting. fishing.
playing horse racing. gaming or other
public sports. exercises or shows, upon
the first day OF the week. and all noise
disturbing the peace Of the day are pro-
hibitcd'
This is plain. II needs no interpreta-
ton Where the public generally Is in
vted 10 a game Of baseball. or whore an
admission fee is charged, or whore the
peace Of the day IS disturbed, this law is
violated Where an admission fee be
charge. even though the peace be not dis
turbcd. or where the peace he disturbed,
even though an admission Zee he not
charged. or where the game be open 10
the public, whether or not an admission
fee be charged or whether or not IN"
peace be disturbed the Law is violated.
To decide whether any particular case
constitutes violation Of the law IL is
only necessary to apply these simple
rules. I'm all cases Il is more question
of fac, than Of law, bat the law is so
plain that peace officers can have very
little difficulty I'm determining whether or
not any particular case constitutes a vo-
Iation ~ the law"