St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-05-06
PICKETT AN MIGRATE.
st. PauFs Old Shortstop En-
Joined From Playing With
Philadelphia.
His Shabby Treatment Of the
Cowboys Denounced by
the Court.
Results Of Contests in the
Two Leagues and Ameri-
can Association.
Pedestrian Hartman Reaches
the Halfway Point on
His Journey.

PHILADELPHIA. May 5.-The suit of
The American Association base ball
club, of Kansas City against John L.
Pickett and the Players National
League Base Ball Club of Philadelphia.
which was argued on Saturday, was de-
cided by Judge Arnold this morning
The Judge granted the Injunction asked
for in the bill. This was that Pickett
be restrained by an InJune-
ton, preliminary until the near,
ing of the case and perpetual
thereafter from playing base ball with
or giving his services as base Dali play
er for the season of 1890, to any other
club or organization. person or persons,
whatever. other than the Kansas City
club. and that the Players National
League Base Ball Club of Philadelphia
be restrained from employing said John
Il. Pickett. or otherwise interfering
with the giving of said Pickett'S service
for said season of 1890 TO the Kansas
City manage ut. The injunction IS
sues on the entry of security for 81, 900.
Judge Arnold, in the course of his de-
cisiOn. saws: LAS the disputed ques-
lions of law in this case were consld-
cred and decided adversely to the De
PENDANT in the case of The Philadelphia
Base Ball Club VS.. Hailmann, we are
thereby saved from the necessity OF re-
peating much of what was so we'll SAID
in that case bv the learned president OF
this court. The rule there laid down IS
that when person enters into con-
tract to render his services as a base
ball player for reasonable length OF
time, a court OF equity, although 1t
cannot compel him to perform those
services, will nevertheless enjoin him
from giving to a third person the
services he has bound himself to rem
der to another" When we CONSIDER
the fact that the plaintiff. the
Kansas City club, paid for the release OF
Pickett from tile st. Paul base ball cluJ
in May, 1889, s., 800. OF which sum SooJ
was paid to Pickett and salary OF $40
month, which was regularly and fully
paid to him. although he was sick and
unable to play nearly half OF the season
of 1883, his ingratitude is shown to Oe
equal to his bad faith While we can
not punish him for mis- iugratitude, we
can restrain him from deriving any
benefit from his breach of contract.
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 asSocla-
ton to the Western association will
avail him nothing i'll this suit.
for he has estOpped himself from com
planning, as he knew of the transfer
and approved and acquiesced in it. Nor
will his complaint that the Kansas City
club released 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 en-
pl0yment is one of the exclusive rights
of the employer, unless the rule which
requires selv wants to obey their masters
is to be disregarded in base ball mat
tiers. But in this particular, as in the
other, the defendant has estopped him
self by acquiescing in the release OF
those players. His fear that the plant
iff will not be able to pay his salary is
matter he should have thought of when
he was making his engagement. 1t will
not excuse him from keeping his part
of the contract until default in payment
shall occur His experience with the
plaintiff as a paymaster does not Justify
his fear, but it does lead to the belief
that this is a mere subterfuge. An in
junction will be granted as prayed fol"