In re Rupp
Appellate Division of the Supreme Court of the State of New York
Application by the petitioner, Lodowick H. Jones, for the removal of the respondents, Charles A. Rupp and James E. Curtiss, from the offices of police commissioner of the police board of the city of Buffalo.
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Application by the petitioner, Lodowick H. Jones, for the removal of the respondents, Charles A. Rupp and James E. Curtiss, from the offices of police commissioner of the police board of the city of Buffalo. June 7, 1898, Lodowick H. Jones, a citizen elector and taxpayer, and an owner of real property in the city of Buffalo, presented to the Appellate Division of the fourth department of the Supreme Court a petition, as authorized by section 184 of the charter of Buffalo (Laws of 1891, chap. 105), setting forth that Charles A. Rupp and James E. Curtiss were police commissioners of the city of…
1Opinion of the Court
Per Curiam :
It clearly appears from the record before us that during the spring and summer of 1897 and 1898, and before the filing of the petition *471herein, games of base ball were played in the usual manner at Franklin square, a public place in the city of Buffalo, repeatedly on Sunday ; that the police commissioners and police force under their control had knowledge of these facts, and did not suppress the ball playing or make arrests therefor, with a single exception which will ' be noted hereafter. Large crowds attended these games as spectators, from whom an admission fee was collected.…
2Cases cited2 opinions
- People v. . MosesNew York Court of Appeals · 1893
- Neuendorff v. . DuryeaNew York Court of Appeals · 1877
3Cited by11 opinions
- McGowan v. MarylandSupreme Court of the United States · 1961
- Hamlin v. BenderNew York Supreme Court · 1915
- People v. PooleNew York Supreme Court · 1904
- Brighton Athletic Club v. McAdooNew York Supreme Court · 1905
- People ex rel. Hart v. DemerestNew York Supreme Court · 1906
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