Evening star. [volume] (Washington, D.C.) 1854-1972, 1914-05-22
SUNDAY BASE BALL
LEGAL IN CAPITAL,
IS COURT VERDICT
Justice Gould Holds Commits
sioners Had No Power to
Outlaw Sport.
GAMES MAY BE PLAYED
UNTIL CONGRESS FORBIDS
Decision Also Opens Way for Sun
day Performances at Local
Theaters.
APPEAL OF CASE IS LIKELY
Commissioner Newman Thinks Test
Probable, But Waits for Board
to Take Formal
Action.

Professional base ball may be
PLAYED il the District of Columbia
on Sunday. according to the de-
cision of Justice Gould in the Dis
trict Supreme Court today.
The justice. in effect, declared
that there is no law in the Dis
trict of Columbia forbidding the
PLAYING of base ball games at
which admission is charged. and
that, police regulations to the
contrary notwithstanding, games
may be played on Sunday the
same as on any other day.
Asked for an Injunction.
The case was the one in which Samuel
s. Edmonston. jr.. proprietor or the oio
Union League Base Ball Park, near 10Th
and ii streets northeast, asked an in
junction against the Commissioners of the
District of Columbia. Maj. Sylvester,
superintendent of police; Assessor Rich
ards and the District of Columbia, to
prevent interference with a game of base
ball scheduled to be played at the park
between the r. P Andrews team OF this
city and the Baltimore Federal League
team.
In effect. Justice Gould's decision was
as follows:
Iumbia in reference to its government Is
unique. I know of no other community
placed in the same situation The Con-
stitution of the United States in Its most
over the District of Columbia in Con-
sress very interesting question Is,
how far Congress can delegate power con-
ferred by the Constitution to any person
or body outside of Congress itself?
Powers Not That Broad.
II am very firm in the opinion that
the language used in the joint resolution
cannot be construed to apply to the gen
eral laws regarding Sunday labor. Is it
not better that when We have a Sunday
law. it be passed by the body which has
legislative authority? / find no power
granted broad enough to cover the act
of the Commissioners in enactlng inns
regulation. The joint resolution OF io5S
says the Commissioners are authorazea a1
to make all such reasonable and usual
police regulations.
Il cannot believe that this ordinance
which we are now considering is reason
able. 1t is an offense against the 1our-
teentb amendment of the Constitution In
that it is unreasonable. l am not crltl-
cising the Commissioners in attempting
to enforce it; they did their duty until
it was up TO the courts or congress 70
construe otherwise. 1 will continue the
Injunction and issue mandamus, II nee
essary, for the issuance of the license.
D. w. Baker. appearing for Samuel S:
Edmonston, to whom the Incense mao
been refused to conduct base ball games
on SUNDAYS at the old Union League
Park. saised the question as to why the
Commissioners should discriminate as be-
tween moving pictures and base ball ex-
hibitions Attorney Baker declared that
the question is whether not. at the
present time. there is any law in effect
in the District of Columbia which pro-
hibits the playing of game OF base ball
at which an admission fee is charged on
Sunday He argued that there is no
such Law in effect.
Salmon Case Is Cited.
He criticised severely the attempt of the
Commissioners to prohibit certain forms
of amusements. and to look with favor on
others. He cited the celebrated Salmon
case, which was brought to the attention
of the Police Court in 1910, wherein Sal
mon was charged with violating the regu-
Iation in question. At that time he made
a motion to quaSh the Information on the
grounds that the Commissioners had no
power. and on the further ground that
il did not apply To base ball played in the
open.
Al that time. he said the court shared
his opinion. the information was quaShed
and Attorney Baker laid particular stress
on the fact that the corporation counsel,
representing the Commissioners, did not
bring the matter for hndl decision to the
Court of Appeals
Upon what theory" asked Attorney
Baker. have the Commissioners of the
District of Columbia the right to step
into "a realm of legislation in regard to
SUNDAY laws? Upon what theory can the
municipality say going to make
this that unlawful when Congress
has never said it was uniawful?
The regulation III question, he declared.
was a regulation adopted without au-
thority. and until Congress legislates on
the subject and forbids the playing of
base ball on Sunday the Commissioners
are powerless in the matter.
Mr.. Syme Opens Argument.
Corporation Counsel Syme opened the
argument He expressed doubt as to the
right of the Commissioners to prevent
Sunday base ball under the police power
of the District of Columbia He thought
however. that the police regulation know
as section 10 of article Is is broad enough
to cover base ball games on Sunday.
In the course of his argument MIR
.Syme said:
E"I am willing to admit that the ques
fion is very doubtful as to whether under
she terms Of a joint resolution Congress:
intended to invest the Commissioners will
the power of the regulation of the OBJ
seryauce of Sunday in the District of Co
Iumbia ] feel justified In saying. how
ever that in the presence of doubt upoI
the subject, the then Commissioners wer'
justified in feeling that it was their dut.
TO pass such regulations as were usual il
municipalities upon this subject in tn
toint interest of good order and the pub
CONTINUED on Second Pase)