Evening journal., 1918-08-23
ARGUE SUNDAY
BALL CASE TODAY
Assistant City Solicitor
Malloy Contends Ord
nance Was Violated
GIVE DECISION
ON, AUGUST 80

ers, the team OF the Harlan and Hol-
lingsworth Corporation, who are
charged with playing baseball at
South Side Park. on Sunday, August 4.
William S. Hilles.. counsel for the de-
PENDANTS. made a long argument in
their behalf, contending that the intent
Of the old blue law had not been yiO-
lated. Assistant City Solicitor John F.
Malloy made only a few remarks, but
claimed that the defendants had vio-
lated a State law and consequently
were guilty. Judge Churchman an
nounced that he would try to hand
down a decision in the case on Au-
gust 30
Mr. Hilles. while admitting that sun
day baseball. under ordinary condi-
tions, is a violation Of the law. denied
that this specific case could be con-
strued as a violation Under an ordin-
ary Interpretation, said Mr.. Hilles any
act committed on Sunday is a viola
tion Of the law. but II we interpret IL
in this manner, then the minister in the
pulpit. who is working for wages, the
paid singer. the railroad engineer, the
steamboat captain, violates the law
He contended that while the statutes
prohibit gaming on Sunday. but by
gaming" gambling is implied. Base
ball, he said. IS not gambling. and 10
construe 10 as such would mean that
checkers, chess. whist and
other games. even played in the pri-
vacy Of the home, must also be listed
as violations Of the law, as these base
ball games were played on Harlan's
property. by their employees and with
the consent Of the owners OF the prop
erty. II was not played for gain, as no
was charged, and was merely
given for the pleasure Of the employees,
their families and soldiers and sailors.
The only financial feature Of the affair
was a collection taken for the American
Red Cross. There was no disorder. he
said. no unusual noise, no disturbance,
as the games were played in
an unimproyed part Of the city, where
no one could possibly be disturbed by
the game.
Had the games been played in the resi-
dence section, or near a church, or
anywhere where it would have inter
fered with the silent Sabbath mediation,
then IL might be construed differently,
Mr. Hilles contended.
He denied any intent Of violating the
principle OF the law by the defendants,
and said that the question was where
should these men go on Sundays. Many
Of them had no homes, no places TO 60,
except the boarding house doorstep,
and if not permitted clean, wholesome
such as baseball, they
might indulge in pastimes more iniur-
ious. He quoted decisions Of courts in
other States.
The whole case. Mr.. Hilles said, rests
around the expression, TO game -
which implied gambling, and baseball
Is not a game Of chance. but a game
Of science. The Interpretation Of sew
arsl western States, where this same
question had come up. he said. was
that the Legislature Of the various
states could not have had baseball in
mind when they passed such laws. as
said laws were enacted in 1928 and
baseball was born In 1888, almost half
4 century later. He himself did not
place such a loose Interpretation upon
said laws, but was Of the opinion that
he intent Of the law had not been
violated by the recent Sunday games in
his city.
Before the argument Mr.. Hilles and
Mr. Malloy agreed on these facts as TO
he case:
II is agreed by and between John F.
,ialloy, city solicitor for the City OF
and William S. Hilles. at
orney for the several defendants above
lamed. that the above stated cases shall
De tried upon the following agreed
statement Of facts.
On Sunday afternoon, August i, 1918,
he defendant. together with the Other
defendants above named, met on the
baseball field in South Wilmington for
he purpose Of playing baseball and on
hat afternoon did play baseball on the
said field. That the said defendant, and
All OF the other defendants in the above
,ases were employees OF the Bethlehem
Corporation. Ltd, and that
aid baseball was played on the pri-
-ate property Of the said Bethlehem
Corporation, Ltd, with IFS
approval and consent. said baseball field
s fenced and admission to the grounds
'ould only be secured by permission OF
hose having charge thereof
That on the said August 4. 1918, ad-
mission to the baseball grounds was
confined. so far as the management
thereof was concerned. TO employees Of
the said Bethlehem Shipbuilding Cor
poration. Ltd, the Pusey and Jones
COMPANY. E. /. dupont de Nemours and
Company and their respective families,
"a In Nhn anrsFrfrn nf the
United States Government. and their
Any other persons admitted
il any such were admitted. were
neither upon the invitation Of nor with
the permission Of the defendant or any
other defendant. or Of the owners or
those having control Of the said
No admission fee Of any kind
was charged and no compensation Of
any kind paid to the players. The only
transaction Of any kind in
yolved was a voluntary collection taken
from among the spectators and players
for the benefit or the American Red
Cross.
The said grounds are located in an
section Of the city OF VIII
nington far removed from any
churches. Sunday schools and with but
4 few dwellings in the nelghborhood,
md so far as is known, no complaint ha
been made by any resident Of the
OF any disturbance or
any other matter In connection with
What went on at the time aforesaid.
There was no disorder, loud noise Of
my kind, and no disturbance was ere
tied thereby, or by anything which
ook place within the said grounds.
The question submitted for the con-
iideration and determination Of the
,ourt is whether this defendant and the
lther defendants, similarly charged, !