Salt Lake Tribune | 1906-08-12 | Page 35 | Judge Delivers Death Blow to Sunday Ball

JUDGE DELIVERS DEATH BLOW TP SUNDAY BALL Says Contribution Boxes at Gates Are Silent Invitation for Hard Coin. Tribune Special Sporting Service. NEW YORK, Aug. 11. Sunday baseball base-ball has received its death-blow at tho hands of Justice Blanchard of the Supremo Su-premo court. Five members of tho Cedar and Em erald clubs wore arrested for an alleged violation of soction 265 of tho penal code, and held by Magistrate Walsh, had sued for a writ of certiorari for the purpose of reviewing tho depositions upon which thej' had been held. Tho men had been playing basoball at the Bronx Oval, where no admission was charged, but contribution boxes placed at the gate. The action was brought as a test case. How the Decision Reads. Tho decision which killed Sunday baseball is as follows: "Public baseball playing on Sunday, for which an admission is charged, is clearly within the prohibition of tho statute. Since tho game of ball in tho present case was nlayod in a field ap-parentlj' ap-parentlj' adapted for a public audience, to which tho public was admitted without with-out hindrance, it soems that tho game must be regarded as public, and, there-fore, there-fore, within the letter of the statute. "The placing of the contribution box at the single gate of entrance, although unaccompanied by any sign asking for contributions, was actually a silent in- VM vitation for contributions, and shows that a gamo was played for gain, and, fl therefore, within the principle of the IH cases mentioned." The court then dismissed the writ.