Territory of New Mexico v. Davenport

Citations

• 17 N.M. 214

Syllabus

<p>SYLLABUS (BY THE COURT).</p> <p>1. Base ball does not come witbin tbe class of “sports,” prohibited on Sunday by section 1368, C. L. 1897.</p> <p>2. Tbe common law rule for tbe construction of criminal statutes being in force in New Mexico, sucb. statutes must be strictly construed, according to their letter, and nothing must be regarded as being included witbin sucb a 'statute, that is not both witbin its letter and spirit.</p> <p>3. By the use of the words “Horse racing and cock fighting” the legislature pointed out the class of sports which it intended to prohibit, and base ball, not being in the same class of sports, is not prohibited.</p> <p>4. Section 1368, C. L. 1897, does not forbid engaging in sl public exhibition or public meeting, but makes it an offense only to attend such public meeting or exhibition.</p> <p>5. Playing base ball does not constitute labor within the meaning of said section 1368.</p> <p>6. Base ball is essentially and naturally in the nature of amusements, both for the participants and spectators, and is far removed from the ordinary meaning of the word “labor.”</p>