Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1890-05-06
PICKETT ENJ0INED.
He Cannot Play With the Philadel.
phia P. L. Team.
TIE COURT TALKS PLAINLY.
Judge Arnold Lectures the Player About
His Ingratitude.
KANSAS CITY SCORES A BIG VICTORY

PHILADELPHIA. May 5.-The suit ofthe
American Association Baseball Club, OF
Kansas City, against John 7. Pickett and
the Players National League Baseball
Club, Of Philadelphia, argued on Saturday,
was decided by Judge Arnold this morn
ing.
The Judge granted the injunction asked
for in the bill. This was that Pickett be re-
strained by an injunction, preliminary until
the hearing of the case and perpetual there
after from playing baseball with or giving
his services as baseball player for the sea-
son of 1890 to any other club or organiza-
tion, person or persons whatsoever other than
the Kansas City club, and that the Players
National League Baseball Club, of Phila-
delphia, be restrained from employing John
T. Pickett or otherwise interfering with the
giving of said Pickett's services for said
season of 1890 to the Kansas City manage
ment. The injunction issues on the entry of
security for $1,000.
. SOME PLAIN LANGUAGE.
Judge Arnold, in the course of his de-
cision, says: Gas the disputed questions of
cided adversely to the defendant in the
case Of the Philadelphia Baseball Club
versus Hallmann, we are thereby saved
from the necessity Of repeating much of
what was so we'll said in that case by the
learned President of this court. The rule
there laid down Is that where q person en-
ters into a contract to render bis services as
hoco ohon MI for a Ia al g
time, q court of equity, although it
cannot compel him to perform these services
will nevertheless enioin him from giving to
third person the services he has bound
himself to render to another. When we con-
slider the fact that the plaintiff, the Kansas
City club, paid for the release of Pickett
from the st. Paul Baseball Club in May,
1889, S., 800, of which sum $500 was paid to
Pickett and q salary of $40 month, which
was regularly and fully paid to him, al
though he was sick and unable to play near
ly half of the season of 1889, his ingratitude
is shown to be equal to his bad faith. While
we cannot punish MIN for his ingratitude.
we can restrain him from deriving any ben
fit from his breach of contract.
PIcKETT's BAD EXCUSE.
"He will not be condemned to idleness,
but he will be prevented from playing base
ball as a business unless he plays for the
plaintiff. His excuse that the Kansas City
club has transferred its membership from
the American Association to the Western
Association will avail nothing in this suit,
for he has stopped himself from complain
ing, as he knew of the transfer and ap-
proved and acquiesced in it. Nor will his
complaint that the Kansas City club re-
leased some Of its players help him out of
his difficulty. 1t was not part of
the contract that he should select or
retain the players to play with
him. The right of selection and
employment is one of the exclusive rights of
the employer, unless the rule which re-
quires servants to obey their masters is to
be disregarded in baseball matters. But in
this particular, as in the other, the defend