New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-10-11
LEGAL FANS FISH
FOR FLYING BALL
Newark Lawyers Tend to
Give Alexander Posses
sion of Sphere.

In whose possession was the baseball
that left Aexander's hand and foated
up to Hooper at bat in the first moment
Of the worlds series?
Forty students OF the New Jersey
Law School who must answer this ques-
tion by Thursday of next week are
dividing their time equally between
digging into law dictionaries. scratch
ing their heads and chewing their
pencils. Meanwhile Professor Calvin
McClelland, who propounded this query
last Tuesday, remains imperturbable in
the centre Of storm Of comment. His
only utterance since has been to in
form forty seekers for the fountain Of
true possession that owing to the fact
that Columbus Day is celebrated on
Tuesday they have until Thursday to
prepare their answer
All Of the Newark lawyers asked 20
hand down an opinion thereon have
prefaced their answers with this re-
mark: THE man VINO propoundcd that
question ought not 70 be allowed 10 at
tend any Of The games IN this series
Each lawyer says the problem is simple.
Each lawyer has a different answer. or
else he arrives at the same answer
through different series of deduc-
tions. From Newark remarkable in
terest in the legal status of every ball
pitched in the worlds series is radat-
ing TO surrounding towns.
"When Alexander pitches the ball. Of
course some Boston player expects 10
hit" said Howard MacSherry. counsel
for the Public Service Railway Com
pany. "In case Red Sox player does
hit the ball. | would recommend that
the Philadelphia club engage a good
lawyer 10 protect its interests until
this question is settled definitely.
Catcher Out of Question.
Here is my opinion: Alexander.
being a man Of many curves. would not
let the ball 90 out of his possession
unless he expected TO reclaim il. When
il leaves his hand ne has made good
legal delivery TO Hooper, the batter,
who must receive it or else pay the
penalty Of a strike. Catcher Burns
does not ente~ the argument He's
what is most important of all. the pro-
fessOr who handed this question out
should never be allowed to attend an
other" baseball game"
at is the intention OF the pitcher 20
deliver title. to give possession of the
ball 70 thC catcher" said Assemblyman
joseph VI. Branegan. Of Harrison. III
the batter hits the globule. it is his in
toptfop to pInca whore no ono ,rri II
get possession Of IT,"
mot so puerile as il SEEMS was the
opening comment of Frank VI. Nc
Dermit. nj 800 Broad Street. Newark.
"Such a question Of possession and re-
sultant responsibility often arises in
accident cases. Here we have a good
abstract case. Under all rules of base.
ball the ball is in the custody of the
pitcher. If, after he has thrown il, the
batter strikes at IL, il is Immediately
returned 10 the pitcher by the catcher.
Even if the ball is hit, eventually il is
relayed back 10 the man IN the box.
would say that it is especially in the
pitchers possession when in the air be-
tween himself and the plate. lie has IL
under his control. Its gyrations while
IN the air are the result of his thought
and physical effort. Legally he is in
possession Of the ball"
Edward r. McGlynn, of $40 Broad
Street, Newark, arrives at the same
conclusion by a different route. "A
similar legal doctrine is found in the
law relating 10 replevin. where goods
are in transit and shipped from one ex-
pressman to another. II is held the
first man is in possession until the