Evening star. [volume] (Washington, D.C.) 1854-1972, 1885-12-11
A TEMPORARY VICTORY FOR THE
NETS.
The American Association Restrained
from ExPellfng Them.
ARGUMENTS IN THE CASE YESTERDAY "A
LEGAL FIGHT EXPECTED.


ARGUMENTS IN THE CASE YESTERDAY
LEGAL FIGHT EXPECTED.
Common pleas court No. A, in Philadelphia,
was filled yesterday morning with base ball
magnates, who had assembled to hear the argu-
ment upon the preliminary injunction secured
by Erastus Wiman, restraining the representa-
tives OF the American association from declar-
ing the Metropolitan clubs franchise forfeited.
Mr.. Rothermel, for the defense, said that he
thought the court would dismiss the case upon
the showing made by the complainant's bill. He
went on TO show that the association was not a
corporation nor a copartnership but simply an
agreement entered into by number of gentle
men to play ball. He said further that the
other seven clubs did not want to play base
t pan wv, Nun the Metropoiitans any longer and
to do so. He further stated that the constitu-
tion OF the American association provided, in
pain terms, that 1t had a right to declare the
franchise OF any of its members forfeited at its
pleasure upon a three-fourths vote. The sub
stance OF the whole matter was that the Metro
soclatlon, who did not want them in the ranks
any longer, and compel the other seven clubs
10 play with them. This they would refuse to
could not enforce an order requiring the de-
PENDANTS to play ball with the complainants
wman bpd for the said Mr.
matter. He argued that from the repeated use
OF the words ANNUALLY and "year to year. i'm
various places in the constitution, it was evil
one. Mr.. Rawle, also for the prosecution
argued that the Metropolitan club was a men,
was valuable, because it entitled it to the profits
Oh the games played with the other clubs. 1t
had been DISTINGUISHED aud expelled at a
speciai meeting without charges, notice or trial.
Judge Ihayer suggested that, even il the COM
plalnantS were successful in the present case
the defendants might dissolve the present as.
a q ai1ti lant
them out. Mr.. ROthermel said this was eS-
actly what he had advised them TO do, and
that the whole matter was a tempest in a tea
pot.
JUDGE THAYERs OPINION.
After short consultation Judge Thayer an.
nounced as the opinion of the court that a prima
facie case had been made out. Thevaluab,e rights
of membership of the association cannot be
taken away except for cause. The present pro-
ceedings might be rendered migratory by a dis
bandment of the association, but with that
matter the court had nothing to do.
I'VE do not think" he said. .that an action OF
law would be an adequate remedy in this case.
The difficulty in fixing damages the impossi-
Dlllty OF making an estimate of the profits OF
the games 10 be played, would destroy the effi-
cacy OF that action, and at any rate the club
would lose the. prestige which it enjoys through
been considered an answer to a bill to restore a
complainant to membership in an unincor.
porated association to say that he might have
an action of law to recover damages for his ex.
pulsion. Equity will always interfere to pro-
tect plain rights. AS the case is at present pre-.
sented, We think preliminary Injunction
should issue, and we therefore order it,"
The injunction will continue in force until
Saturday, December 10, when the court will
hear motion to dissolve it upon bill and affi
davits.
In the afternoon all the representatives of the
association met in the Office OF Mr. RothermeI
and arrangements were perfected to get the
case in shape. Messrs. Mcknight, the PRESIDENT
Byrne. OF Brooklyn; Simmons of Philadelphia
and Barnie, Of Baltimore. were appointed O
committee to represent the association in court
as we'll as draw up the affidavits in the case
Those on the side of the prosecution were well
pleased with the result of yesterdays proceed.
ings, and express themselves as satisfied that
their rights will be preserved by the court.
MANAGER SCANLON OF THE NATIONALS
returned last night from Philadelphia. He ex.
presses himself as perfectly satisfied that the
outcome of the whole matter would be all
right, and that the Nationals would play in the
American association next year. The Nation.
ais will carry thirteen players on their pay
rolls next season. Those thus far engaged are
Barr and Miller, Lynch and Repschlager,
Cushman, the leit-handed pitcher and Holbert'
batteries; Baker, Knowles and Gladmon on
the bases; Houck, short-stop. and Burch left
field. One OF the catchers will play center
fielder, and q good right fielder is all that is
wanted.