New-York tribune., 1901-12-17
FREEDMAN IS ON TOP.
SPALDLNG RESTRAINED FROM
ACTING AS PRESLD IfI

NATIONAL LEAGUE FIGHT CARRIED
INTO THE COURTS BY MEN WHO
WITHDREW FROM THE
MEETING.
The baseball war between Andrew Freedman
and A. G. Spalding reached a climax yesterday
afternoon when the former sought the aid of the
Supreme Court. Justice Leventritt, sitting in
Part II of the Supreme Court. on the
plaint of Mr.. Freedman ct al. granted a tenn
porary injunction restraining Mr.. Spalding from
exercising any of the powers of president, secre-
tary, treasurer or other officer of the National
League. and from taking into his possession or
interfering with any of the books, papers, etc.
and from doing any act such president. treas
urer secretary other officer. to the injury Of
or affecting the rights or property of the plain
tiffs. The order further restraints Nicholas E.
Young. who is designated the present presi-
dent. secretary. treasurer. from delivering
TO Spalding any of the books records, papers.
etc The defendants are ordered to show cause
before Judge Scott, in Special Term, Part 1,
on December 49, why the injunction should not
be made permanent.
The complaint in the action prays that the
election of Spalding president be declared to
be null and void and he be perpetually enjoined
tary treasurer.
The principal allegation of the complaint is
that the election of Mr.. Spalding was illegal,
there being but four clubs present, and, conse-
quently, majority decision of the que being
reached. 1t is alleged that the four clubs which
withdrew from the meeting held the night
of December Is did without any objection
protest on the part of the other clubs and with
the acquiescence of the presiding officer.
PAPERS SERVED ON sPALDING
In this action Freedman represented the New
York Boston, Cincinnati and ST. Louis baseball
clubs. these four being the organizations whose
respective presidents left the National League
meeting at the Fifth Avenue Hotel on last Sat
urday morning.
Freedman declares that there shall be no fur
ther controversy between himself and Spalding,
who represents the other four clubs in the
league-Brooklyn. Philadelphia. Chicago and
Pittsburg. He asserts that whatever future ac-
ton may be taken to settle the fight In the
league will be taken in the courts.
The legal papers in Freedman's suit were
served on Spalding late yesterday afternoon as
he was leaving the meeting room at the Fifth
Avenue Hotel. where he had been acting as
president of the league for the first time fol-
lowing his declaration in the afternoon that he
was president OF the league. and declaring Mr.
Freedman out Of the National League.
Further than TO make the simple declaration
that Freedman was out of the National League,
Spalding did nothing, apparently. TO show the
truth of his statement. Many followers Of base
ball last night argued that this declaration was
tantamount TO an expulsion of Freedman out
others argued adversely, and Spalding himself
said Mr. Freedman had not been expelled from
the league.
spalding gave out in the evening copies Of
teleerams he had received from P. T. Powers, Of
the Eastern League and Ban Johnson. Of the
american League in which those two men
promised to cooperate with him. He also gave
out letters in which expressions OF opinion inlml-
cal to Freedman were freely given.
spalding is authority for the statement that
the final steps in the proposed process Of putting
Freedman out Of the National League rests with
the stockholders of the New-York club.
''I am the president of the National League"
declared Spalding. II openly denounce Freed
man as a coward as we'll marplot in base
ball. shall be present to preside at the future
meetings. of the National League. In view Of
his actions defy Andrew Freedman to come to
the meetings Of the National League. 1 there
fore declare him out of baseball. The Freedman
incident is closed.
It was the opinion of many last night that the
only means by which Freedman could be put
out Of the league through the disruption Of
that body. 1t was suggested that an amalga-
nation OF the American and National leagues
might take place and twelve club circuit be
adopted.
The time set for the meeting at the Fifth Ave
nue. Hotel yesterday by Mr.. Spalding when he
declared in an open letter that he would furnish
the wherewith to remove Mr. Freedman from
baseball, was 4:30 o'clock. 1t was nearly
when he reached the hotel The meeting was at
once convened. There were present P T
Powers Tim" Murnane. president of the New
England League; John NJ Ward, Charles Eb-
belts John B. Day, a number of reporters and
lot of spectators and baseball enthusiasts.
rs Mr. Freedman here?" asked Mr.. spaldlng.
'I see he is not" he went on, and that he has
not sent a representative Well, I'm sorry
Mr. spalding said he would wait while for Mr..
Freedman Then he read letter that he yes
terday sent to Mr.. Freedman to his downtown
office and the Democratic Club. The letter in
part was as follows:
PLAY BALL, SAYS SPALDING.
extend to you a cordial invitation meet
in public debate on this baseball controversy now
rag ing between us. and | sincerely hope you can
With you Mr. Freedman, that the public is get
ting weary of this controversy between Andrew
gonr aga fd A on g e a e at ana the
to-day ct 4:30. that we can play the final game in
The game this afternoon is the final and de-
Gliding contest between US. for propose to score
wins the game. I.will make it two or nine
inning game, as you may decide. and may go to bat
and records only TO govern. No personalities
9ner exrneouS 5 I Bee INTO IN INNS 1iS
that this is not bicycle Ta2e but simply nnal
G. Spalding The umpire will call play promptly
at the Fifth Avenue grounds this afternoon at 40
and hope you will be there at the appointed time