Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1889-12-24
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rPRcIAt TELEGRAM TO THE DIsPArcH.l
NEW YORK, December 23.-The hrst
move in the suit against John Ward by the
New York Baseball Club was made to-
night when e. W. Beeby, acting as agent
for G. F. Duysters, of counsel for the club,
served q summons on Ward at his home,
$50 West Seventy-sixth street. Ward was
sick in bed with the grip, but was able to
receive the papers President Day, Of the
Metropolitan Exhibition, complaining OF
the defendant. alleges:
ThEt the business OF the plaintiff is, and has
been since its organization in 1852 the giving.
among other things. of exhibitions of the game OF
baseball and has entered into contracts and ar
rangements with certain other similar clubs
throughout the country for that purpose.
THE PLAINTIFFS PLEA.
He has continuously from its organization been
engaged An securing and maintaining team or
body Of skilled professional baseball players upon
salaries amounting in the aggregate TO very
large sum Of money, in order 10 enable 1t to COM
pete in games with the other skilled teams or
bodies employed by the other clubs In said League:
That John Montgomery Ward Is professional
baseball PLAYER and has been such for more than
ten years, and is now one Of the best known ana
most popular players in the country. He has
Years year and during thai time has been the player
selected to play in the position OF what is
a very skilled PLAYER, and in fact and in general
reputation one of the most skilled in the country
and the defendant is also skilled player IN bat
ting, catching and running and in the other gen
eral points Of the game, and because OF his gen
eral reputation and skill as player has been here
ant did on the 2Sd day of April 1883, in the State
OF New York, make and execute contract with
the plaintiff. the same having been executed win
this plaintiff under the name of the New York
BAN Club and signed in behalf Of the plaintiff BY
It's duly authorized agent Nicholas L Young.
THE DEFENDANTS CONTRACT.
And further, that prior to the execution Of said
contract the defendant presented 70 plaintiff an
additional or supplemental contract which said
defendant had himself written out, and requested
that the same be signed and executed by the
plaintiff as part and parcel Of the fret contract,
which was signed and delivered to defendant in
behalf OF the plaintiff under the name Of the New
York Ball Club, and by its duly authorized agent
at the sane time that the hrst contract was
executed and delivered And also, that prior TO
october 81. 1889. and while defendant was still
actively engaged in rendering services to plaintiff
ttop M he Dla,UtiF uiV notite6 he defendant
thatit exercised its option for the employment OF
defendants services under and pursuant to the
did reserve him within the meaning and under the
provisions Of said contract and retained his
ready and offered to execute the agreement
therefor. The defendant threatens, and has
caused u TO De puDllSneQl lnTOugnOut bne country.
that he will not play with the club Of the plaintiff
during the season Of 1885, and that in violation OF
his before mentioned contract with the plaintiff
be viii play with another club or organization
during said season, and that the
THIRTEEN OTHER PLAYERS
Now under similar contracts as aforesaid have, at
the instigAtion Of defendant declared and pub
nshed that they will not play with the club OF the
plaintiff during the season, but will play with
other clubs or organizations in violation Of their
contracts and obligations with plaintiff and that
by reason OF such irreparable injury the large
amount OF money that has therefore been invested
by the plaintiff in its business will be in danger of
being partially II not wholly lost, and
that the damage caused thereby to the plaintiff
Is impossible TO estimate or assess The
action OF the said defendant in violation OF his
own contract has been taken by the defendant for
the open and avOwed purpose Of establishing an
other club or organization which shall conflict
with the business and Interests OF the plaintiff
and far as possible appropriate to itself the
profits which would otherwise accrue TO the plain
tin so far as the same arise from the exhibition Of
games Of baseball and th<t the said action Of the
defendant is directly calculated 70 produce such
result and thereby to cause great and irrepara-
bic damage to the plaintiff and its business for
the season OF 1890 and thereafter.'i