Von der Ahe Arrested For Employing Labor On The Sabbath

Last week at Viva El Birdos, Larry Borowsky posted an interview with Derrick Goold of the St. Louis Post-Dispatch, who has just published a new book, 100 Things Cardinal Fans Should Know And Do Before They Die. In the introduction to the interview, Larry wrote that he had "never heard the one about team owner [Chris Von der Ahe] getting arrested in the second inning of an 1887 game and charged with conducting business on a [Sunday]..." Well, I had never heard that one either and, given my interest in the history of Sunday baseball in St. Louis, I had to find out what this was all about. A quick search led me to the relevant article.

The Browns and Baltimores played one inning yesterday, when the game was stopped by the police and Von der Ahe was arrested. A crowd of fully 10,000 people assembled to witness the game, many no doubt being attracted by curiosity and in the hope of seeing some excitement to vary the monotony of the Sabbath. All arrangements had been perfected in anticipation of what transpired. Every person who paid his way into the grounds was given a check which would admit him to any future game in the event of yesterday's game being stopped. A squad of twenty-five mounted police were on the grounds, under the leadership of Sergt. Floerich. The Baltimore team arrived early on the grounds, but were instructed to remain off the field. At 3:10 the gong was rung, and the home team proceeded to their places for practice. Ten minutes later the Baltimores came on the field amidst a perfect storm of applause, and after ten minutes' practice for the visitors the gong was rung and Umpire Ferguson proceeded to call "time." The Baltimores took the field, and the game commenced. In the meantime a squad of police formed in line at the western end of the grand-stand, and another across near the dressing-rooms. Latham opened by hitting to center for a base, and reached second on a passed ball. Gleason hit to Kilroy, who caught Latham between second and third, where he was run down, Gleason reaching second on the play. He reached third on O'Neill's out, but was left, Comiskey striking out. Greenwood flew out to Robinson, Purcell went out on an assist of Gleason's. Burns hit through Gleason and stole second, but was left, Tucker flying out to Welch.

Caruthers had stepped up to the plate for the second inning, when Sergt. Floerich stepped up to Bob Ferguson, and said:

"You will have to stop the game."

"All right, sir," said Bob-"Time!"

And ball playing for the day was at an end.

During the progress of the first inning Sergt. Floerich went up to the Director's box, where Mr. Von der Ahe was sitting. The Sergeant stepped up to the Browns' President, accompanied by Detectives Howard and Harrington.

"Mr. Von der Ahe, I will have to place you under arrest," he said.

"All right," was the response, "although I wish you had allowed us to play a few more innings, as the game was very interesting."

Mr. Von der Ahe smiled as he arose to accompany the detectives. An omnibus had been provided for the occasion, and the detectives, Mr. Von der Ahe, Wm. Medart, Jos. G. Lodge, Judge Scott and the Globe-Democrat reporter jumped in and were driven rapidly to the Fair Grounds Sub-Station, where a charge of breaking the Sunday law was preferred against Mr. Von der Ahe. The party was evidently expected at the station, as quite a crowd had gathered to watch the developments. In the station the prisoner and his friends were greeted by Chief Huebler, who immediately telephoned for Judge Noonan to accept the offender's bond. After a short delay, Judge Noonan arrived and the bond, but $100, or double the maximum penalty for breaking the law, was accepted, Wm. Medart subscribing to it. The Judge had evidently taken advantage of the Noonan Sunday law decision and was enjoying himself to his fullest capacity. The party was then driven back to the park, where they were greeted with shouts of applause, the crowd, no doubt, thinking that the playing would be renewed. As Chief Huebler, however, had given orders to arrest the players in case they attempted to play, Mr. Von der Ahe announced that the game was off.

When Sergt. Floerich stopped the game, the crowd, as if by one impulse, sprang into the field, and in a few seconds after the game was stopped, the diamond was filled with a surging mass of men, who hurled all kinds of vile epithets at the officers. At one time, it seemed as if personal violence would be offered them, but everything passed off smoothly, and in a short time after the players had left the field, the grounds were comparatively deserted.

The Baltimore team had made arrangements to leave for Cleveland last night, but, after the interference, Manager Barnie consented to remain over and play the game off to-day. This act on his part should be appreciated to-day by giving the visitors a rousing reception.

-St. Louis Globe-Democrat, July 11, 1887

The law in question had gone into effect on June 19, 1887 and prohibited labor or the employment of labor on the Sabbath. However, the Globe stated, on June 15th, that the City Counselor had targeted the law at saloons, beer gardens, pool halls and baseball and noted that "bakeries, barber-shops, baths, cabs, carriages and baggage-wagons, drug stores, gas and electric light companies, hotels, ice-dealers, laundries, livery stables and undertakers, meat-shops, milk depots, news-stands, physicians, restaurants, street cars, telegraph companies, and ticket offices" were not effected by the law. The Globe also noted on June 22 that Von der Ahe planned to test the new law and would not alter the Browns schedule. The saloons and beer gardens targeted also were going to fight the law.

The law began to be enforced on June 26 and by June 29, after the first arrests, it was being challenged in court. On July 9, most of the law was struck down by Judge Noonan, although he declared that the ban on the sale of whiskey was legal under Missouri law. The Chief of Police in St. Louis then ordered his men to "arrest and prosecute all persons pending or hawking their wares...on Sunday." The Globe, on July 14, stated that this order was the result of "an old ordinance which has existed on the books for years, more as a curiosity than anything else." This law may be the one that was being enforced in 1864, but that is unclear.

On July 15, Von der Ahe had his day in court and did not contest the facts of the charges against him. Under cross-examination, Sgt. Floerich testified "that the games had been played in the park for twelve years on Sundays and they had always been quiet and orderly, and had never been interfered with before." He also noted that the "ball-grounds were a private property." The defense, which included testimony from Congressman John O'Neill and former Union club member Charles Turner, essentially consisted of stating how wonderful a game baseball was and how orderly the crowds were at the games. They also argued that the law "had not in its purview the game of base-ball, but its application to labor was only to servile labor. [They] quoted other laws to show that the game of ball and kindred amusements were not prohibited...[arguing] that the law did not apply to sports and games, other than what are known as gambling games."

After a deliberation of two hours, Judge Noonan returned an opinion agreeing with the argument of the defense. He explicitly stated that the law only applied to servile labor and gambling games such as horse-racing and cock-fighting. "The evidence shows," he wrote, "that the base-ball playing was in private grounds, and no noise disturbing the peace of the neighborhood resulted therefrom, and the Court decided that the defendant committed no offense under the statute in playing base-ball and discharged him." The law did not prohibit "either expressly or by construction, base-ball, carried on decently, orderly and quietly on Sunday. I might say, in addition to this, that the game was a reasonable sport, and use of nature's powers, and, while the evidence showed that money was taken and money paid to the players, it in my mind is not within the meaning of this statute, any more than would be the playing of any piano player or singer that might come into the home of a citizen on Sunday to contribute to his entertainment." The Globe headlined their article of July 16, reporting the decision, "Base-Ball Is Recreation."

I think it's safe to conclude, based on this incident and the Edwardsville movement in 1886, that there was a general Sabbatarian movement in St. Louis at this time and they made an attempt to target baseball games. However, Sunday baseball and a loosely-observed Sabbath was a part of the general culture of St. Louis and I think this found expression in Judge Noonan's decision. In the end, the Sabbatarian movement would succeed and blue laws would be enforced in Missouri into the 1980s. But, to the best of my knowledge, those laws never effected the playing of baseball in St. Louis on Sundays. This incident stands out as an exception to St. Louis' general tolerance of Sunday baseball.

Note: For those interested, the law under which Von der Ahe was arrested stated that "Every person who shall either labor himself or compel or permit his apprentice or servant or any other person under his charge or control to labor or perform any work, other than household offices of daily necessity, or other work of necessity or charity, or who shall be quilty of hunting game or shooting on the first day of the week, commonly called Sunday, shall be deemed guilty of a misdemeanor and fined not exceeding $50."

Also, I have to admit that I've changed the title of this post four times, attempting to accurately describe what happened. In the end, I think it's accurate to state that Von der Ahe was not arrested for organizing a baseball game or engaging in business on a Sunday. He was arrested for compelling persons under his charge or control to labor on a Sunday. When I first started looking into this, I thought he was arrested for selling beer and whiskey on the Sabbath and that this had nothing to do with baseball but, after looking into it a bit more, I realized that I was wrong. The City Counsellor was targeting Von der Ahe and the Browns because they were playing professional baseball on a Sunday.

Making Merry With Von der Ahe's Dignity

St. Louis has a champion base-ball club. This is not generally known outside the city limits, but nevertheless it has a club entitled to that proud appellation. For seven months the club has been assaulting the Poseyville Reds, the Smoky City Whites, and the Porkopolis Blues, and having more or less vanquished them all it has returned home full of honors and booze. Not only is this club unique, but it has a President who is the most eccentric of his kind. His name is Chris Von der Ahe, and to mention it in base-ball circles is to provoke a wide grin. The base-ball fraternity and even his own "champion" club make merry with Chris' dignity. Like many good citizens from the Rheinish provinces, Chris has found the English language as hard to conquer as many of the ball clubs. His knowledge of the beautiful points in the game is also quite limited, as the following story, told by his deceased secretary, Dave Reid, will attest: One morning when his club was practicing he approached Dave, and in a burst of confidence said:

"Dave, dis vas de piggest diamond in de country."

"No, Chris," replied Dave, "all diamonds are the same size."

"Vell," replied Chris,..."it vas de piggest infield, anyhow."

In the early part of the summer Chris called the boys together, and said: "See here, now: I don't vant some foolishness from you fellows. I vant you to stop dis slushing and play ball. Of you vin de scampinship I gif you all a suit of clothes and a benefit game extra, and of you don't you vill haf to eat snowballs all vintor." This ultimatum had the desired effect, and the players slugged the ball and stole bases until they were well in the lead. When the President saw that the coveted pennant was within his grasp he determined to get up a carnival procession that would make the Veiled Prophet sick and dwarf his parade into insignificance...

...It was called a reception and was ostensibly given by the public, but in reality by Von der Ahe in the name of the public. Chris skirmished around and got all the rowing clubs, amateur ball clubs, foot-ball clubs, and sprinters, engaged all the German bands within a five-mile radius of the courthouse and awaited the arrival of "de Prowns..." Chris was a stellar attraction all by himself, and immediately following him were "de Prowns." The champions were conscious that the eyes of the multitude were on them, and they bore themselves with becoming dignity. With feet occasionally elevated above their heads and cigars between their teeth, they showed by the expectorations which they showered on their admirers and emphatic cries of "Rats!" with which they returned all cheers, that they still retained their individual characteristics...

The procession wound up in Schneider's beer-garden, where Congressman John J. O'Neil, a stockholder in the Browns, welcomed them in behalf of the public. He told how the great heart of the city warmed toward her club and that the boys could have anything they wanted, and if they were too modest to ask for it he would ask for them.

"Well, give us a rest," shouted one of the champions...

Latham, who is described by Chris as "dot boy Latham, who can run like a cantelope," became quite obstreperous at the banquet...

-Chicago Tribune, October 8, 1885

This was a very long article that took plenty of shots at Von der Ahe and the players but I edited out a lot of the more uninteresting stuff. The article also contained the story about Vice-President Thomas Hendricks, who was in St. Louis at the time and believed that the championship parade was thrown in his honor.

The point of all of this is to note that Von der Ahe stories, which had begun to appear as early as 1883, were rather well-formed by 1885. You have the diamond story, the eating snowballs story and "de Prowns." The only thing missing is a reference to "de Poss President." The Latham cantaloupe story is a new one to me and it made me chuckle.

I think that 1885 marks an important moment in the evolution of the Von der Ahe stories. The Browns were successful and Von der Ahe was becoming better known. He had some very public domestic problems in August that had to have done some damage to his reputation. And after this article in the Tribune at the beginning of October, Von der Ahe stories begin to pop up in numerous newspapers throughout the month. It seems that beginning in October 1885 the Von der Ahe stories take on the form that they would retain to this day and become a staple in the sporting press.

The 1885 World Series: Game Two

The first game at Sportman's Park between the Chicago Club and the Browns proved a poor contest, very badly umpired and terminating in a forfeiture by the home club to the visitors, the end being attended by a scene of excitement and confusion that was rarely, if ever, been equaled at any previous ball game in this city. Sullivan, the League umpire, came down from Chicago to act in the game, and a more unfortunate selection could not have been made. In the first inning he gave Kelly out at second on a steal, when nearly everybody thought the runner was safe. In the third he more than evened up matters by declaring foul a safe hit to right by Foutz, who, on the hit and a fumble by Clarkson, reached second, from which he was called back. This decision aroused the spectators to great indignation and Sullivan was loudly and roundly denounced. When, in the third inning, Barkley was called out on a ball that was above his head, another storm of hissing and shouts of "Get another umpire" followed. During the fourth and fifth inning nothing especially exciting occurred, but in the first half of the sixth a crisis was reached. After Sunday had led off with a double to right and gone to third on a passed ball, Kelley hit a grounder to Gleason, who fumbled and then threw to first, clearly putting out Kelley. Sunday scored on the play and Kelley was decided "safe." While the crowd uttered exclamations of amazements, some of the more impetuous shouted "robbery." Comiskey came in off the field, protested against the decision, and objected to Sullivan umpiring any longer. Sullivan immediately went to the players' bench, put on his coat and sat down. Anson refused to permit a change of umpires, and a long wrangle followed. Finally Hon. John J. O'Neill stepped out of the grand stand into the field and joined the wrangling players. Anson asked what his business was on the field, and the answer was, "That's none of your business."

"Well, it is my business, and you have no business on the field," retorted the big captain of the Chicago team.

"I am the President of the club," said the Representative of the Eighth District.

"I always thought Von der Ahe was the President," remarked Anson as he was very suspiciously eyed the M.C.

"Well, I'm the Vice President of the club, and in the absence of the President from the city the Vice President takes his place, don't he?" was the rejoinder of the friend of the laboring man.

The upshot of it was that O'Neill remained and the game proceeded.

Kelly quickly stole second, took third on a wild pitch, and scored on a single to center by Anson. Pfeffer raised a fly to short right and Nicol muffed it, but threw Anson out at second, while Pfeffer secured his base. After Pfeffer had stolen second Williamson hit a slow grounder along the line to first. The ball was spinning as it traveled, and when near first base it reached the outside of the base line it struck the edge of the turf and turned so sharply inside the line that Comiskey failed to stop, and it struck the inside of the bag and ran a short distance beyond it. Meanwhile somebody shouted "Foul!" Pfeffer ran in from second and Williamson, after hesitating when the ball was outside the line, made a dash when it changed its course and reached first in safety. Comiskey claimed that the ball was foul, Sullivan insisted that it was fair, but Comiskey said it was not under American Association rules, to which Anson answered by calling for the rules. Another squabble was followed by Comiskey calling his men off the field. There was a rush of spectators into the field and while one crowd gathered around Anson, Superintendent Solari and a special officer escorted Sullivan off the field, a second crowd following them to the gate and abusing Sullivan at every step.

By leaving the field Comiskey made a serious blunder, for the rules made it the imperative duty of the umpire to declare the game forfeited, and while the act caused the home team the irretrievable loss of a game that they had a chance to win, it also gave to the backers of the Chicago Club considerable money that was wagered on the result. Under all rules the ball was a fair one, and the umpire was in no way to blame for the deceptive course it took. It was generally believed that Sullivan had called the ball "foul," but this he denies, and is supported in his denial by Robinson, the home catcher, who asserted that it was Anson who made the call in question; but even if he had declared it "foul" before it had passed inside the line, he would have been obliged to correct his decision and declare "fair."

Anson stated that he had not brought Sullivan here, that the Browns brought him, and he was their selection. Sullivan admitted that he was rattled, but said members of the home team stood near him and abused him from the first inning, and having no way to protect himself against their insults, he could not help getting excited. When the game stopped the score stood 5 to 4 in favor of the Chicagos, on uneven innings. The Browns scored 3 in the first inning and 1 in the fourth. The Chicagos scored 1 in the first, 1 in the second and had made 3 in the sixth, with one man out, when the game broke up. The game will go on record as 9 to 0 in favor of Chicago.

-St. Louis Globe-Democrat, October 16, 1885

Not a great start to the 1885 World's Championship Series, with a tie and a forfeit in the first two games. But game two gave us a serious controversy that would affect the outcome of the series and will take a few days to sort out.

It was always my understanding that the Browns claimed that they had won the 1885 series and I believed that this was based on disputing the forfeit of game two. However, based on the Globe's account of the game, I see no basis for the claim. Comiskey took the Browns off the field, quit the game and Chicago was rightly awarded the forfeit. The Browns forfeited one of the seven games of the series. And they were losing that game when they quit. Game two of the series, regardless of how it happened, was a victory for Chicago and a loss for the Browns.

The umpire for the game was David F. Sullivan, who umpired National League games in 1882 and 1885 and lived in Chicago. I think Anson was being a bit coy when he said that the Browns had selected Sullivan to umpire the game. It's likely that his name was put forward by Chicago, along with a few others, and the Browns picked Sullivan off of the list supplied by the White Stockings. Yes, the Browns had selected Sullivan but only after he was suggested by Chicago.

I searched high and wide for a box score to this game and did find one. Sadly, it was not in a format that allowed me to post it here. Interestingly, the Globe did not publish a box score to this game. Looking at the box score I did find, it looks like the Browns were having problems hitting McCormick and had only two hits in the game, through five innings. It was a sloppy game with Chicago committing five errors and the St. Louis battery of Foutz and Robinson combining for three passed balls and a wild pitch. Gleason, Welch, Comiskey and O'Neill scored for the Browns; Sunday and Pfeffer each scored twice for Chicago and Kelly scored once. Chicago had the only earned run in the game.

If this was the big controversy surrounding the 1885 series than it's not much of a controversy at all. Umpire Sullivan made some bad calls but Comiskey's decision to take his club off the field cost his team a chance to win the series. If the Browns had kept their composure instead of storming off the field, they could have come back and won game two. They were only down a run, had a rowdy home crowd on their side and the umpire was shaky. However, they walked off and forfeited the game. After the forfeit, the Browns had to win three of five to salvage a split series and four of five to win it. The only real controversy, according to the Globe, is Comiskey's decision to pull his team off the field.

However, there are other contemporary accounts of the game and they differ with the Globe's account. I'll take a look at those tomorrow.

The Word "Machiavellian" Comes To Mind

Last evening, it seems, Henry V. Lucas and Chris Von der Ahe, the respective Presidents of the Union and St. Louis Baseball Clubs, had a conference, Mr. Lucas calling at Mr. Von der Ahe's office to see what could be done toward an amicable arrangement for the admission of the Union Club into the League. No definite agreement was reached but Mr. Von der Ahe promised to have the Hon. J. O'Neill represent him at the League meeting to be held in New York to-morrow. Mr. Lucas left for New York last night. He will alone represent his team at to-morrow's meeting. It is rumored here that should he not be admitted to the League to-morrow he will organize a Western League, including the cities of Cleveland, Toledo, Milwaukee, Indianapolis, Kansas City, Cincinnati, Springfield, and St. Louis.

-The New York Times, January 21, 1885

A special meeting of the Baseball League was held in Parlor D of the Fifth Avenue Hotel yesterday...The object of the meeting was to take some action in regard to the refusal of Christian Von der Ahe to allow Henry V. Lucas to have a League club in St. Louis. At a recent meeting of the League Mr. Lucas was given the place left vacant by the withdrawal of the Cleveland Club. Mr. Von der Ahe is the proprietor of the St. Louis American Association Club, and according to a compact entered into by all the leading associations, known as the national agreement, h has the power to refuse to allow another club in St. Louis. He objected to Mr. Lucas's admission, and yesterday's meeting was called to see what action would be taken. The delegates present were determined to have the St. Louis League Club in their ranks, and sharp words were used. The action of Von der Ahe was denounced, and it was intimated that if necessary the national agreement would be broken in order to allow Mr. Lucas to have a League club in St. Louis.

Early in the day Mr. Lucas and Congressman J.J. O'Neill, who represented Mr. Von der Ahe, were allowed to confer with the delegates. They expressed their views, and their words were listened to with great attention by all present. President McKnight, of the American Association, was in the corridor of the hotel and when he heard rumors that the national agreement would be broken he immediately held a conference with C.H. Byrne, of the Brooklyn Club. It was resolved to offer a proposition to the League delegates. At the suggestion of Mr. Byrne, President McKnight asked that a committee of the League men be appointed to confer with a committee of the American Association and endeavor to settle the question amicably. This coincided with the views of the majority of the delegates in session and the suggestion was acted upon...

-The New York Times, January 22, 1885

Victory over the Unions created problems which nearly led to a falling-out among the victors. The League's determination to establish a club in St. Louis headed by Lucas, even if it meant breaking the National Agreement, began a baseball cold war which lasted through the season of 1885 and several times threatened to bring open conflict between the League and Association. Outright war was avoided mainly because the Association was unwilling to take a strong stand against the League during this year of strain.

The League admitted Lucas and Newton Crane, his attorney, to its special meeting January 10, 1885, furnished them with contracts, and to all intents and purposes accepted them as members. A wire was sent to Von der Ahe requesting his consent for Lucas to share the St. Louis territory, and League owners pledged themselves to admit formally Lucas's club as soon as the Browns' owner gave his approval. Lucas was also supposed to see Von der Ahe personally.

...(At) first (Von der Ahe) indicated he would not oppose a settlement. But Lucas delayed seeing him until the last minute, and then was "so exact in his manner" that he annoyed Von der Ahe greatly. Besides, Von der Ahe saw a chance to extract a price for his consent. He demanded that Lucas pay him for losses suffered in the Union War and for giving the Union chief a "valuable business privilege." This Lucas "positively declined" to do.

To undercut Von der Ahe, the League, at a second special meeting in New York on January 21, called for a change in the National Agreement making St. Louis an exception to the rule covering territorial rights. At the same time more telegrams were sent pressing Von der Ahe to modify his demands. Relations between the two groups became tenser. The Association men were so concerned that a full complement of them were present in the city and were earnestly discussing the crisis in the bar and corridors while the National League was meeting. While the Association was willing to compromise, it wanted to go slow on changing the National Agreement. But the League was determined to have its way. When Von der Ahe still refused to yield, Denny McKnight, president of the Association, was called into the League meeting and told that the Association had already violated the National Agreement by breaking the ten-day rule in the Brooklyn-Cleveland player deal. The League demanded that the Association either expel Brooklyn or let Lucas move to St. Louis...

By reviving (the Brooklyn-Cleveland deal) and confronting McKnight with it, the League was plainly preparing to break the National Agreement by pleading that the Association had already done so. McKnight's answer was to call a special Association meeting at Pittsburgh later in the month. The League agreed to take no action until that time.

The situation was saved by a chance meeting of Lucas with Von der Ahe's representative, Congressman John J. O'Neill, on the train returning to St. Louis. O'Neill, who was also vice president of the Browns, had been looking after Von der Ahe's interests at the baseball sessions in New York. He arranged for the two men to have dinner at the popular St. Louis restaurant, Tony Faust's place, where they made a secret agreement which resolved their differences...

Von der Ahe then wired Association leaders, who by then were convened at Pittsburgh, that matters had been amicably adjusted, clearing the way for the Association and the League to come together again...

-From Baseball: The Early Years


Harold Seymour, in Baseball: The Early Years, noted that the agreement between Von der Ahe and Lucas may have come about as a result of Lucas paying Von der Ahe $2500.

And have I ever mentioned how much I dislike trying to untangle 19th century baseball politics. The stuff gives me a headache.