The morning times. [volume] (Washington, D.C.) 1895-1897, 1896-08-19

Cleveland, Aug. 1s.-Oliver p. Tebeau.
manager and captain of the CIevela nd ball
team licked the entire National League
today.
Judge Noble, before whom the demurrer
to Tebeau's petition for u perpetual re-
straining order was heard, preventing the
League from collecting the fine OF $2CO
imposed on him by the League for alleged
improper conduct in the Cleveland Chicago
game at Cleveland and the Cleveland. LOUIS
vile game at Louisville, on gain OF expul-
sion from the League. Overruled the de-
murrer and granted the Injunction.
The decision brought out point that
had been entirely overlooked by the attor-
Deys of both sides, and that was that no
fine had been imposed. The statement oc-
casiODed considerable surprise, but IL de-
yeloped that it was true.
PRESIDENT YOUNG TO CAPT. TEBEAU.
On July Tebeau received letter
signed n. Z. Young, secretary or the
League This note informed him that the
directors at a special meeting had requested
him TO impose fine OF SEQ on Tcbeau and
restrain him from participation in any
game until the fine was paid. Tebcau
hustled to the courts, obtained temporary
Injunction against the League and the
Cleveland team, restraining The toiiec-
ton OF the fine and compelling them 10 per
nit him to play
In his decision Judge Noble said the rules
proviis that the board OF directors ma i'm
pose fines to enforce discipline among It's
play but that it had failed to do so and
directed the president OF the League to at
tend to the imposition and collection OF the
fine But the president and secretary, "
E Young, had acted in the capacity OF SEC
rotary ,andmerely given notice ofthe boards
action.
DECISION OF THE COURT.
So far as that point was concerned, the
court SAID he had no jurisdiction In the
case, because the act complained OF by
Tebeau had never been committed. To
prevent further complications which might
deprive Tebeau OF his means OF liviihCod,
the court said that he would cn1oin the
League and the Cleveland team from pro-
hibiting Tebeau from playing ball
Under ordinary circumstances, said the
Judge courts would haveno righttOinterferc
with the nagenent or the League, unless
officers were guilty either of fraud or abuse
OF power but in this case, where he found
there was no proper imposition Of fine by
the board, he felt justified in preserving
Tebeau's right to continue to play ball
under his contract The court required
Tebeau TO give bond in $500.
The cause ceIehre OF the league this sea-
son was the inihction Of Heavy fine
upon Oliver p Tcbeau manager-cap;ain OF
the Cleveland Baseball Club
II YEAS alleged that Teteau lad been
,,,iIty NJ ..ruffiausru. profanity. and uI-
becoming conduc,'- in certain games play
win me Chicago and Louisville clubs
times and p,aces being specified in the in
dictmept before the board OF directors
The board, in secret session AT Plttsburg,
on OK uarte evidence and without giving
Tebeau an opportunity TO be heard, as
sesss, a fine of 5000 against him.
The board of ma gnates also orde red l. resi-
dent Young TO notify tie Cleveland captain
that he had been suspended from playing
| until the fine was paid Tebeau. backed by
President Robson. promptly appealed TO