A regular feature looking back at what was being printed more than 100 years ago in the former Bucks County Gazette. This week’s entry comes from the February 28, 1913 edition of the newspaper.
Bristol Ball Tossers Who Played On Sunday Made Test Case In Court
A case was made in court before Judge Ryan last Thursday in the Commonwealth vs. William Rapp, who was fined $4 and costs by Justice Tomlinson, of Langhorne, for playing baseball on Sunday. The Commonwealth was represented by Henry Carr, of Philadelphia, and the defendant by Gilkeson and James.
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The case was brought by the State Sabbath School Association on certiorari from the Justice’s court to determine whether the act of 1794 applies to the playing of baseball on Sunday where there is no breach of the peace or nuisance.
Last fall, William Rapp and four others were arrested for playing baseball in Bristol on a Sunday and were fined by Justice of the Peace Tomlinson $4 and costs. To make a test, case a certiorari was taken from the ruling of the justice and Rapp was made the defendant in the case. The suit was under which they were arrested and was brought by the State Sabbath School Association.
Howard I. James argued the case for Rapp and Henry Carr, of Philadelphia, representing the State Sabbath School Association, represented the Commonwealth.
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The contention of Mr. James was that the act of 1794 under which the suit was brought was unconstitutional as it only provided in restraint of vice, immorality, and unlawful games on the Lord’s Day, commonly called Sunday, was against the laws of the State. He contended that the playing of baseball on Sunday was not an unlawful game.
Mr. Carr in his argument contended that the game was unlawful if played on Sunday, and especially where an admission fee was paid or a collection taken up. He cited instances where camp meeting officers had been fined for charging admission to the ground on Sunday, and made a strong plea, asking that the Court decide in favor of sustaining the sentence the justice had imposed and that the laws relative to keeping the Sabbath Day inviolate be enforced. The playing of baseball today, he said, was far different from what it was fifth years ago, and that act of 1794 applies to the playing of baseball as it does to all other games.
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Judge Ryan took the papers and will render a decision later.
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