Evening star., 1914-05-22
SUNDAY BASE BALL
LEGAL IN CAPITAL,
IS COURT VERDICT


lie comfort, and In line with rules Of con-
duct which had been sanctified by the
lapse of many centuries and which the
entire civilized world recognizes as es-
sential to the physical and moral well be-
ing of society.
THE prohibition of secular business on
Sunday for the purpose of promoting good
order and the protection OF the comfort.
happiness and health Of the people has
been so broadly and SO frequently sus-
tanned that neither its constitutionality
nor its propriety could well be questioned.
1t may be that Congress intended to re-
serve to itself all legislation with refer
ence to the prohibition of labor on Sun
day, but in the doubt which exists as to
whether this reservation was intended, no
criticism should be directed against the
Commissioners for exercising this power
until it was judicially determined that
the authority to do SO had not been dele
gated to them
Difficult to Ignore Traditions.
1T Is difficult for any of US to turn his
back upon traditions which have become
a part of our mental attitude and moral
consciousness. The past has its tremen-
dous influence upon us. 1t is well nigh
impossible to disregard the touch Of all
that has gone before.
Whatever god we may worship. under
whatever sky we may be, even on the
bosom of the ocean, where the artificial
divisions of time are but little noted in
the monotony of sea and sky, a peculiar
significance still attaches to the day we
know as Sunday. and truly believe that
all of US somehow feel that 1t Is day
different from other days
After a discussion Of the origin OF
Sunday and its observance, he con-
tinues:
The first legal recognition of Sunday
which I have been able to find was In
te constitution of Constantine, about
321 a. D., after Christianity had become
a state religion. Under this constitution
both work and pleasure were prohibited
on that day. The gates Of the circus
were closed and the theaters were silent.
From that time to the present In every
country and among every people Where
the Christian religion has been adopted,
statutes have been enatced recognizing
the day and its peculiar significance.
"In England legislation on the sub
ject began 200 years before the Norman
conquest and continues until the present
time. With the reformation the statu-
tory recognition and compulsory OBJ
servance> of Sunday may be said to
really have commenced in English law.
In the reigns of Edward vi and Eliza
beth all except necessary work was
prohibited and attendance at churcn was
made compulsory. The long parliament
made even walking vainly and profane-
ly on that day an offense: A statute
in the time of Charles l prohibited Sports
or pastimes on that day. In the twenty
ninth year of Charles TIL comprehen-
siye statute on Sunday observance was
enacted, parts Of which are enforcible IN
England to this day. and 1t has formed
the basis of much distinctly modern leg
islation in this country. AS early as the
twenty-first year OF George III any
nlace Of amusement to which admit
tance was charged which was open sun,
dav. was made a disorderiy mouse, anu
rhe advertising of such amusement was
visited with heavy penalties ana as ia.s
as the year 1875 penalties We're .ihposeu eu
NAT from the very source from when
we take our law sprung tnis Par''ouiai
character of legislation.
interested Persons in Court.
Present In court when Justice Gould 8
decision was announced were Ben Aiilot,
president of the Washington Base Ban
Club, Clark Griffith, manager OF the club;
William H. Rapley, treasurer OF the club,
and manager of the National Theater, ana
a host Of others interested in the case. 1t
was stated that representatives OF the
Federal League were present, though no.
body seemed to know just who they were.
Notwithstanding the decision, Manager
Griffith said the Nationals would not play
Sunday ball, at least this year.
In passing on the question Of Sunday
theatrical performances Justice Gould de-
clared that the regulation which permits
such performances under certain condi-
tons and forbids them under others can
not be held otherwise than unreasonable.
What difference does it make" Justice
Gould asked, what clothes are worn by
fhA perforrners? A regulation which says
that performances may be given pro-
uidAd fha nerforuners do not wear the