The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-07-20
TO CONTINUE FIGHT
PRESIDENT OF PHILADELPHIA
NATIONAL LEAGUE TEAM Is
= NoT1THRoueH.
CASE AGAINST CONTRACT
s..---e. JUMPERS TO BE PUSHED
Col. Rogers Has Not Given Up The
Struggle to Hold Laioie and Bern
hard and Will Shortly Begin Action
In the State Courts of Ohio.

PHILADELPHIA, July 1s,-Rogers
mas not yet given UP the struggle to
hold Lajoie and Bernhard. Undismay-
ed by the recent setback at the hands
OF the United States circuit court, at
cleveland, he has determined to push
the case still further, and will shortly
begin action In the state courts of
Ohio.
In his Office he spoke with the great
est bitterness regarding Judge Wings
conduct of Lajoie, Flick and Bernhard
cases, and, incidentally, took occasion
TO give out several important facts
bearing on the pending baseball strug-
gle.
NO he said, with great positive
ness, I'VE will not give up the fight
until we have exhausted every legal
effort to bring our players back or at
least, to prevent them from playing
elsewhere. We have the highest au-
thority of the state of Pennsylvania as
the basis of our demands, and mere
ly insist that the mandate of the court
be enforced
HWe did not receive fair play in
Cleveland. The cases were not really
tried. Judge Wing objected to sitting
IN court during such hot weather, and
so he simply threw us out to bring the
session to an end. His decisions were
arbitrary and biased, and to let the
matter rest would not only be wrong
ing our club, but would also be per-
hitting the miscarriage of Justice
through tricks and bubbles.
Il am forced to fight it out. People
have wrong impression. They think
like litigation. On the contrary,
am Sick of it and want nothing so much
as peace. My health is poor, and my
other interests are such that 1 cannot
spare the time. But I cannot permit
that the fruits of our recent legal VIC
tory be lost and unless Judge Lamson,
our Ohio counsel, advises to the con-
trary we will at once go into the Ohio
courts. neazs
''We will not press the Flick case.
His contract with us expires at the end
OF the present. season. Nor will we
reopen the Lajoie and Bernhard cases,
or argue the equity of the reserve rule.
This has already been settled in our
favor. All we shall do is to show the
Ohio judges the records of the Penn
sylvania courts and demand that vio-
lations Of the laws of a sister state be
stopped.
Judge Wings decision will not han
dicap us in the least. He only passed
on the question Of jurisdiction and left
the status of, the, cases unaltered. He
ruled in favor of Bernhard because that
player declared himself a citizen of
New York. jt
'Flick and sLajoie could not escape
on the same plea, for both are avowed
residents OF Cleveland, so in their in
terest~ counsel raised the, novel point
that they were not amenable to the
decision Of the court, for the reason
that the amount of damages did not
reach the $4,000 prescribed before a
case can be tried in a United States
circuit court. 1r 9es 70 4a'ae
"This was, of course, the merest
bubble. Ten times $4,000 would not
cover what the absence of Lajoie has
cost us. Still we could not prove this
loss. The judge peremptoriiy refused
to accept the opinions of our witnesses.
Lajoie's counsel said that as the sea-
son was half over the loss was only
half of the salary we agreed to pay
him, matter Of some $1,700.
Il put Shettsline on the stand to tell
Of offers that had been made for La
jOie'S release but the judge was OBJ
durate and refused to listen. Such q
bubble could never have been raised
and maintained in an Eastern court.
The-fxing of a definite amount OF dam
ages has never been insisted on. 1t
is enough to allege that the amount
exceeds $4,000. We followed the reg
ular custom and were unexpectedly
confronted with a palpable technicali-
ty.
"The lot Of a baseball club owner
is not a happy one. No matter what
I do 1 am criticised. If fail to get
players L am called parsimonious. If
I try to hold those who are legally I'M
der contract to me, then the cry goes
up that am a tyrant.
81 know better than could any one
the need of good players. I have to
make up the deficits, and know from
sad experience that only a winning
team pays. I had such team till the
American League stole my players.
"It is not fair to say that the rival
organization pays better salaries. Their
extravagant offers were merely salaries
with a bribe added. Cleveland's $4,000
yearly to Lajoie is merely $4,000 salary
and $4,000 bride. No player could be
worth $4,000 for six months easy work.
For that matter money never count
ed with me. There never was a time
when I spared it to get good men.
When I fined a man it was for disci-
pines sake, not to take his earnings.
at wasn't money that stood between
Lajoie and the Philadelphia club. am
not such a poor business man as to
refuse him $500 when I could make
$4,000 on the investment. He didn't
return to us because he wanted a con-
tract that would have made him a law
unto himselS. enabled him to play or
not, as he chose, and to repeat without
fear of punishment, acts such as his
attack on Flick, which cost us a pen
nant. To accept him on such terms
would have meant the disruption of the
team, and, great player though he Is,
nothing but disaster could have fol-
lowed such an arrangement. That is
why, and the only reason why, he went
to Cleveland"