The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-04-24
ROGERS is PROMPT
The Philadelphia Magnate
Secures an Injunction
Restraining Lajoie
PLAYER GOES TO BENCH
Manager Mack viii Not Play Dis
puted Man Until Conference
With Counsel Is
Held.
PLAYER GOES TO BENCH


up the decision of the Pennsylvania SUI
preme court gainst Napoleon La1oie, Of
the Philadelphia American League Base
ball club, John /. Rogers, of the Phila-
oelphia National League club, today Sc
cured temporary injunction restraining
the great second baseman from playing
with any other organization than the
Philadelphia National League club.
The injunction, which was granted by
Common Pleas Court No. s. the same
tribunal which dismissed the application
for an Injunction last year, and which
was reversed by the supreme court on
Monday, also restraints the local Ameri-
can League club from employing Lajoie.
Col. Rogers wanted to include Pitchers
Fraser and Bernhardt, but counsel for
the American league objected.
The court remarked that when the case
was argued originally no testimony was
heard on Fraser and Bernhard. and it
was finally decided to limit the injune-
ton to Lajoie, and the court ordered
that all three cases come up for action
on Monday on motion of the American
leagues counsel 30 dissolve the injunc-
ton against Lajoie.
The case will come up again on Mon
day on a motion to dissolve The injanc-
ton.
The court asked if there would be any
difficulty in serving the injunction, and
counsel for the American league replied
rot al all; that the moment the injunc-
ton should be granted it would be tele-
graphed to Baltimore, where Lajoie was
TO play today.
Counsel for the American league asked
that security he entered in the sum of
$4,000 before the injunction should issue
but the court fixed the amount at 81, 500
Col. Rogers secured the necessary bond.
Lajoie Goes to the Bench.
BALTIMORE, April 23.-While the sec
ond half of the eighth inning was being
played Manager Mack, OF the Athletics,
received a telegram from Philadelphia,
stating that the court had issued a tenn
porary injunction restraining Lajoie from
playing for five days. While Mr. Mack
was not advised to take Lajoie out of the
game, he decided to do so pending a con-
ference with counsel.
Robson Busy at st. Louis.
ST. LOUIS, April 23.-Proceediags were
brought in the circuit court today BY Az
torneys representing President Frank de
Haas Robson, of the ST. Louis National
League Baseball club. to restrain Har-
per, Wallace and Heidrich from playing
with the American League ST. Louis
team. The cases against Harper and
Wallace were brought up before Judge
Tally and that of Heidrick before Judge
Flsher Judge Tally postponed the hear
ing until next Monday, and Judge Fisher
refused to issue temporary injunction
against Heidrick, but ordered him to ap-
pear in court tomorrow morning and
show cause why a restraining order
should not issue.
In his petition asking for an Injunction
against the players President Robisoa
L,a<I
play with the st. Louis National League
club at salary of $500 year, and that
wallace and Heidrick had each signed
In 1900 a two-year contract for $24OO a
year. The last two named had each been
paid bonuses, which the petition related
is still retained by them.
SOmers Makes Statement.
CLEVELAND, Ohio, April 23.-yiee
PRESIDENT c. w. Somers, of the American
league, authorized the following state
meht today relative to the decision of the
pennsylvania court in the Lajoie case:
AS to Lajoie we have not consulted
with our attorneys on that. and do not
know whether the judgment Of the Penn
sylVania supreme court is final upon all
the defenses that might be made to an
application for injunction, but assuming
the case is final the judgment affects
-~JNAN
player who left the National league will,
OF course, stand upon its own merits and
all the facts surrounding that particular
case We do not intend to- give I'D a
single ball player without a Sight. and
feel confident that we will win In the
end
Il am advised that whatever the iudg-
ment may be in the Pennsylvania courts
they cannot have any effect outside Of
that state. In every other state where
these questions may arise 1t has been
determined that an injunction of this
character would lie.
In a great many cases where those
ball players left the National league and
came with US in 1900 the league clubs did
not take the necessary steps to MAIN
tain their legal contract, If they had one.
In other words the National league has
no contract now with the players, and so
far as the players who came from Chi
cago and st. Louis are concerned, do
not think they were notified that their
services would be required for another
year, and this was necessary according
to the league contract on or before Oct
15
THE United States court of Western
Pennsylvania has already determined that
a contract of this kind Is negotiable and
would not be enforced by an Injunction.
Ohio courts could not grant an injunction
in such a case without going back on
their previous holdings. New York courts
, have taken a similar view to Ohio; the
courts Of the states of Illinois and Michi-
gan are in accord with New York and
Ohio. In fact there Is no explanation
for this decision of the supreme court Of
Pennsylvania except the question was
misunderstood or not presented in its en-
trety.
Rules Were Overlooked.
For instance, the court does not seem
to discuss anything but the contract it
self, which was four years on one side
and ten days on the other The rules of
the Natinna al lea tha NJ tinnaI