The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1921-06-14
PLAYING BALL
D N SUNDAY
ATTORNEY GENERAL X L l. 4 >
THAT PRESENT PLAN OF AID.
MISSION NO VIOLATION OF
THE BLUE LAW.

Pierre, June l4-Until such time
as a court Of competent jurisdiction
has ruled that Sunday baseball.
where the public shall be admitted
free and a sufficient space provided
within the grounds where they may
witness the game without charge be-
ing exacted or required If them. as is
now being done in the Soph Da-
kota league. il will not be the policy
of the attorney generals department
TO insist upon or advise a campaign
of prosecution against Officers or
players of club. according TO a re-
cent opinion written by z. R. Win
ans. assistant attorney general
The opinion was in response 10
communication from Charles P
Warren. states attorney for Beadle
county, IN which he outlined the
method being employed by the Huron
club in handling its Sunday games,
and asked what steps he should take
10 conform with Attorney General
Byron 5. Payne's law enforcement
campaign launched early this sum-
mer.
The statute in question. section
1858 of the revised code Ar Win
ans says in his opinion, does not
prohibit the playing of baseball as a
public sport on Sunday. and does not
prohibit the playing of the game on
that day by salaried players in the
usual pursuit of their trade or voca-
tion. II simply prohibits baseball
games on Sunday where an admission
fee Is charged or anything Of value
is accepted by the manager, or any
of the players or anyone connected
with said game as a condition of
witnessing the same by the public.
TN determining whether any par
ticular action is in conformity with
law or whether il constitutes mere
subterfuge and evasion of the law.
we usually consider the spirit and
purpose of the law, l. e.. the rights
which ii was designed TO protect, oT
tfie evil which 1t was designed To pre-
or remedy. HoweeT, the reason and
purpose of the statute now under
consideration is somewhat obscure
because of the peculiar wording of
the statute AS stated above, the
purpose of the law does not seem TO
have been TO prevent the desecra-
tion of, the Sabbath by playing base
ball as public sport on that day;
neither does il appear to have been
Intended TO prohibit the participa-
tion in the game on that day Of sal
aries players whose trade or vocation
is the playing Of baseball.
1T is claimed BY the lawyers who
represent the league that the statute
only operates 10 prohibit the charg-
ing Of an admission fee or the -
ceiving Of money or other things OF
value as a condition of witnessing
the game Whether or not this po-
sition is correct ii is question which
this department cannot undertake TO
determine judicially. 1t is our hope
and expectation that there will be
brought before the courts a case in
which the issues involved will be
properly and fully presented and
require determination of this ques-
tion.
In view of the doubtful character
of law involved. and in view Of the
fact that the Dakota league Is not
wilfully and defiantIy violating the
law. IL will not be the policy Of this
department TO insist upon or TO ad-
wise a campaign Of prosecution
against the league Officers or players
until the question of law shall have
been definitely settled by the
courts"