Belding banner. (Belding, Mich.) 1889-1918, 1914-07-08
JUDGE DAVIS HOLDS
Up HIS DECISION IN.
GRAND STAND FIGHT
CONTINUED from Page ONO

IN case the wild balls struck his win
dows he would pay for them. and fur
ther that he would pay admission to
the grounds every week
The affidavit of Rev. Doty was pres
ented in which he testifies that he has
attended the base ball games and that
he does not think them conducted in
a disorderly manner or i'm a way that
they will become a nuisance. Testi-
mony of several other leading men
was presented in which one or the
other stated that the games were at
tended by the leading business men of
the community and that their wives
and daughters also attended and in
fact had composed approximately one
third the crowd. that the games had
never been conducted in a rough way
and that no rowdyism was tolerated
on the grounds.
Attorney Davis cited numerous
cases in law where similar conditions
had prevailed and in each case the
court had decided for the defendant.
He stated that the east wall of the
grand stand if erected would be about
twenty-five feet from the complain
ants house. and that the actual
measurements had shown that the
diamond was seventy-three feet from
the complainants' house, several feet
farther away than was claimed by the
complainant
Answering the arguments presented
by the defendants the attorney for the
complainant, Royal A. Hawley, argued
at length on the grievances in the case
and the attributes in relation to ii that
caused him and the complain ant to
class the practice Of playing base ball
on the ground adjoining his property
as a nuisance.
Lawyer Hawley did not attempt, ex-
cept at rare intervals, to answer the
assertions made and claimed by the
defendants. He attempted to show
the court how the noise of the ball
games deprived compliments. c. c.
Briggs and wife. from the quiet
enjoyment of their home. The quiet en-
joyment of a home. he said. is a right
belonging to any man. Hawley as
serted that the services of the city
marshal and night watch had been
used to recover the lost balls on the
complainants' premises in recent
games and that in one instance a
window light had been broken in the
Briggs house. He asserted that the
erection of a grand stand near the
premises would exclude TO a more or
less degree the natural light and air
to the west side of the complainants'
property.
To show the courts decision regard
ing noises and the class of noises that
that were ruled as puisances Mr.. Haw-
ley cited references to former decis-
ions. in which the question at issue
was entirely foreign to the one in this
case, and contended that the noises in
these cases were declared nuisances.
In addition to the cases cited Mr..
Hawley filed brief with the judge
showing the grounds on which he
wished to base his argument.
City Attorney /. L. Hubbell assisted
Attorney Davis in the case and besides
citing many cases of similar nature
to the one in hand, where the court
had refused to grant injunctions, he
likewise filed briefs bearing out the
defendants contentious. He also filed
paper bearing 276 signatures of
prominent citizens petitioning the
mayor and council to fight the case.
Judge Davis took the case in his
hands at the close of the argument at
eight thirty i'm the evening. He pro-
missed decision within few days. He
instructed Mayor Underwood that the
temporary injunction would be modi-
fled by him allowing the Base Ball as
ISOLATION to conduct ball games. on the
grounds at the base ball park until he
had rendered his decision on he mat
ter in hand. He restrained the city
and the base ball association from be-
ginning the grand stand until the case
was decided and directed that otherwise
the games should be conducted as for
merry. He intimated that he would
visit the ball park In the near future
during the course of game.
n. L.. 20.