Evening star., 1914-05-16
ESTLEGAL|N0F
SUNDAY BASE BALL
S. S. Edmonston, Jr., Obtains
a Temporary Injunction
Against Commissioners.
GAME LISTED TOMORROW
AT UNION LEAGUE PARK
r. P. Andrews Team to Oppose Bal.
timore Federals-Legally En-
titled to Permit, He Claims.

The legality of Sunday base ball is to be
passed on by the District Supreme Court
Samuel s. Edmonston. jr proprietor Of
Union League Park. 18th street and Flor
ida avenue northeast. filed suit for in
junction today against the District Com
miss!oners. Mai. Sylvester Assessor Rich
ards and the District of Columbia to pre-
vent interference with a proposed ball
game tomorrow between the R. P An
drews ball team and the Baltimore Fed
erals. He also asked for an order on
the assessor directing the issuance Of a
permit which had been refused yester-
day on hts application.
Justice Gould issued a temporary re-
straining order and set the matter for
hearing next Friday. The effect of the
order will be to prevent any interference
with tolnorrow's game.
Has Had Sunday Games Before.
Mr.. Edmonston sets forth in his peti-
ton that he has frequently staged games
at his park Sundays and has never been
denied permission before when he has ap-
piled for a license for such amusements.
He claims he is entitled to the permit as
matter Of right and that no one has au-
thority to object to the games being
played Sunday. as there is no law to pre-
vent such amusements
The petitioner tells the court through
Attorneys D. w. Baker and w E. Leahy
that he expended a large sum in improv-
ing the park for the coming season, and
had arranged for the game tomorrow
with the Baltimore Feds" some time
ago. He has also entered into contracts
for other games on other Sundays, and
l.. ~tn 10
points out that he pays $1,000 annual
rental for the park, and has right to
ENJOY his property and obtain a proper
income from it. Any infringement Of
this right. he declares, amounts to the
taking Of his property without due proc
ess Of law.
Entitled to Permit, He Contends.
When he made the contract for the
game to be played tomorrow. Mr.. Ed
nonston says, he believed he was enti-
tied to the ordinary permit. When he
was about to request permission for the
game yesterday, the plaintiff AYERS, he
received a CODY Of an order from Maj
Sylvester through Inspector Boyle noti-
fying him that no license would be grant
ed for playing base ball on Sunday. The
notification also advised him. he says,
that If the game was played without
persons participating would be arrested
DESPITE the notice, Mr.. Edmonston
made formal application for the permit
and was refused, he says. The action
Of the officials in denying him the license
he asserts, is unwarranted and without
legaa right. He will suffer irrevocable
injury, he alleges, unless aided by the
court.
Test of Commissioners Authority.
It is predicted by District officials that
the Commissioners authority to regulate
Sunday exhibitions or entertainments OF
any character Will be definitely deter
mined as result of the action in obtain
ing the restraining order.
Acting under orders issued by Commits
sioner Siddons, the corporation counsePs
office, at the hearing Friday, will en-
deavor to obtain a ruling as to the Com
missioners' power to promulgate a police
regulation governing entertainments given
on the Sabbath. This means that the
present regulation on the subject, which
is contained in section 16 of article 16,
may be upheld or declared void
Pending the outcome of the case. the
District officials will make no attempt to
prevent the playing of the game arranged
for tomorrow.
Although none of the District heads
would speak for publication, it is believed
that they have been desfrous for some
time OF ascertaining what their exact
powers are in the matter of regulating
Sunday amusements. court decision
| would enable them to adopt a definite
policy with respect to regulating theat.
rical performances base ball games and
other entertainments given Sunday.
Provision of Present Regulation.
The present regulation provides that
! no owner, proprietor. lessee. tenant OF
other persons shall on the first day OF
the week, commonly called Sunday. in
any theater or other public place of
amusement permit. allow or take part
in any manner in any public exhibition
Of any entertainment, play. opera, cir
Gus, animals, gymnastics. game. dance
or dances or vaudeville performance of
any kind, except the exhibition Of NOV
ing or other pictures. vocal or instru-
mental concerts. or singing by singer
or singers. artist or artists not in char
acter costume, lectures and speeches;
provided, that nothing herein contained
shall be held or construed to change.
abrogate or annul the regulations in
force for the protection Of the public