The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-04-29
PERMANENT INJUNCTIONS
BALL PLAYERS LAJOIE, FRAZER AND
BERNHARD RESTRAINED.
Their National League Contracts Are
Valid and They Cannot Play with
Ban JohnsOn's League.

PHILADELPHIA, April 2S.-The prelimi-
nary injunction granted last week restrain
ing Napoleon Lajoie, second baseman of
the Philadelphia American Baseball Club,
from playing with any other than the Phil
adelphia National League club, was to-
day made permanent by the Court of Com
mon Pleas. Permanent injunctions also
were issued against Pitchers Frazer and
Bernhard, formerly of the Philadelphia
National League club, who are at present
playing with the local American League
team.
In the original suit against the three
players the Court OF Common Pleas decided
that the contracts were unjust and de-
clined to issue a restraining order. The Of
ficials of the National League club APP
pealed TO the Supreme Court, which re-
versed the decision of the lower court. A
temporary injunction was granted last
Thursday, and to-day's proceedings were
the result of an effort to dissolve the in
junction. The court decided in the matter of
Lajoie that there were no new points TO be
argued, and that the Supreme Court had
expressly declared Lajoie's contract 10 be
valid, a permanent injunction must be is
sued. Counsel for the American League
club argued that the constitution of the
National League was In violation of the
Sherman antitrust law, as IL retained a
players services for all time, but the
court did not agree with that view.
President Ban johnson. OF the American
League, and other witnesses were called to
prove that neither Bernhard nor Frazer
were players of exceptional ability, but the
court decided that the decision of the Su-
preme Court applied to them and accord
lnSly issued the permanent restraining or
der.
Although to-day's decision of the court
practically makes the injunction against
the players permanent, technically the re-
straining order will not be made perma-
nent until the National League amends the
bill of complaint to cover the season
of 1902 The original bill on which the de-
cision was rendered covered only last year
President Ban Johnson, before leaving
for the West, tonight issued a call for a
special meeting Of the American League to
be held in Cleveland on Wednesday A full
attendance is expected and the whole sit
uation will be gone over and line of cam
paign mapped out. Mr.. Johnson would
not divulge his plans.
The owners Of the Philadelphia Ameri-
can League club, President Johnson and
the three American League attorneys held
a conference this afternoon. When they
separated Benjamin F. Shibe, president of
the local American League club, said: THE
decision of the judges was a great sur
prise to us We shall carry the case to the
Supreme Court and feel certain the lower
court will be reversed. Our attorneys will
at once take the necessary steps for an
appeal"
Manager Mack said that while the loss
of Lajoie, Bernhard and Frazer would be
a big handicap, he believes that he could
get along without them until the Supreme
Court decides on the
John l. Rogers, Of the National League
club, SAID: Under the ruling Of the SUI
preme Court no other action was possible
I shall at once prepare cases against Monte
Cross, Flick and Duggleby. who are now
playing with the American League team.
and shall apply for injunction against
them In view of to-days decision | am
more than satisfied that the injunction will
be granted.
Manager Mack and Pitchers Bernhard
and Frazer left tonight for Washington
where the team is playing. Lajoie re-
NAMED here. He declares that he Will
never return TO the local National League
club.