Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1913-08-15

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court, docs not belong to the
same class, kind, species, or genius
as horse racing, cock fighting, or
card playing. 1t is a sport or ath-
letic exercise, and is commonly
called a game not productive of
Immortality. In qualified sense
it is affected by chance, but it is
primarily and properly a game of
science of physical skill, of trained
endurance, and of natural adapta-
bility to athletic skill.
While a statute may forbid the
playing of baseball on Sunday al
together, it is usually only profess
sional ball that is aimed at, and
the courts seem inclined to inter
pref laws which do not definitely
prohibit Sunday baseball in all
forms as applying to baseball the
business.
When Mayor iGaynor was a
member of the bench he was call
ed upon to interpret the New York
statute against Sunday baseball in
a case i'll which an effort was being
made to convict a man of 4 crime
because he played baseball on
| Sunday, and he had the following
to say:
1T is practically the unanimous
sentiment of the religious and
God-fearing people of the COM
munity, for own grown boys and
young men who have to work in
doors all the week for a living, to
go into the fields OH Sunday after
5 noon after attending church, and
: participate III or witness good, ele-
t waiting, healthy physical exercise,
: than to be driven instead to go to
e dance gardens, drinking places
E pool rooms and worse places; anC
t there is no one trying to stir NJ
2 any obscure or obsolete statu tt
! against that Iopinion except those
: who rule the police. Fathers anC
d, mothers would much rather know
o that their grown sons are at a bal
: or golf game on Sunday, than not
I. know where they are. Many oil
'- our boys and young men scarcely
h see the sun at all during tn,
: short days of the year, except OF
5, Sundays, and have no other day
e for outdoor exercise from one enc
= of the year to the other. This i
a something which our ministers O
S the Gospel well know, and tn
w significance of which they fully ap
l. preC1ate.
1t II agree that there is no prohib
lie ition against the man who is force
1t to labor during the week days,
II said another New York judge i
re regard to the statute, "preventin}
lie him from enjoying himself i'll al
Is orderly and decent manner on Sur
n day, so long as the repose of tn
ot community is not interrupted. Blu
T. the prohibition is clear agains
4 Sunday games which are adver
ID tised to which the general publ
t. are invited, and which they attent
g in great numbers, and to witnes
which money is charged dfrectl,
IL or indirectly, or which are conduct
/ ed for financial profit"
&C The question of the duty of pre-
90 lection which a baseball club owe
K to spectator was discussed i'll ;
10 recent Missouri case. One Gran
r attended the game as a spectatc
RI and paid for admission to tn
"a grandstand. Reserved seats wer
not sold and he had the option {
: seating himself behind the nettin
or in an unprotected seat. H
4: chose the latter and during tn
- game was struck by foul ball. H
~ claimed damages on the grounC
- that The company was negligent /
- not screening the entire stand.
~ The court held that the compan
=, - was not an insurer Of the safety {
~ spectators, but was only bound t
use reasonable care, and that
:. was sufficient that they had pre-
vided screened seats which Crar
- might have used had he chosen t.
" (Copyright, 1918, By Water K. To,cer