The Topeka state journal., 1902-04-29
SPORTING NEWS.
Injunction Against Napoleon
LaiOie Made Permanent.
American League Fails in Final
Effort.
AT ST. LOUIS.
President RobisOn's Case Heard
in Circuit Court.
Items of Interest From the
World Of Sport.

Philadelphia, April 2s-The prelImi-
nary injunction last week restraining
Napoleon Lajoie. second baseman Of the
Philadelphia American baseball club
from playing with any other than the
/ Philadelphia National League club was
Monday made pernane by the court
of common pleas. Permanent injunc-
tions were also secured against Pitch
ers Fraser and Bernhardt. who are at
present playing with the local American
League team.
In the original suit against the three
players the court Of commonep pleas de-
cided that the contracts were unjust
and declined to issue restraining or
der. The officials of the National League
club applied to the supreme court which
reversed the decision of the lower court
A temporary injunction was granted
last Thursday and Mondays proceed
ings were the result OF an effort to dis
solve the injunction.
The court decided in the matter of
Lajoie that there were no new points to
be argued and that as the supreme
court had expressly declared I4ajoie'
contract to be valid. a permanent in
junction must be issued. Counsel for the
American League club argued that the
constitution of the National League was
in violation of the Sherman antitrust
law, as it retained players services
for all time, but the court did not agree
with that view.
President Ban johnson of the Ameri-
can League and other witnesses were
called to prove that neither Bernhardt
nor Fraser We're players of exceptional
ability but the court decided that the
decision of the supreme court applied
to then and accordingly issued the per
manent restraining order.
St Louis. April 29-By agreement of
counsel. Heidrick, Wallace and Harper,
whom President Robson, of the St
Louis National League club, seeks to
restrain from playing with the St Louis
American League club, We're allowed to
participate in the game Monday after
noon.
Arguments of counsel on President
RobisOn's petition for an injunction
against the players named were heard
in the circuit court by Judges Fisher
and Tally
No decision was reached. the entire
session being devoted to the presenta-
represented by Col John H Overall
and Judge H. ". Bond, OF this city
and Judge L. F. Russell, of Cleveland
Charles Chafiin Allen and John d
johnson, of St Louis and c. T. Nc
Diarmed. of Cincinnati, represented the
American league.
Although the decision of the court
practically makes the injunction against
the players permanent. technically, the
restraining order win not be made per-
manent until the National league
amends the bill of complaint to cover
the season of 1902. The original bill on
which the decision was rendered COW
cred only last year.
President Ban Johnson. before leaving
for the west last night. issued call
for a special meeting OF the American
league to be held in Cleveland on
Wednesday, A full attendance is ex-
peeted, and the whole situation viii be
gone over and a line Of campaign
mapped out. Mr.. Johnson would not
divulge his plans. The owners of the
Philadelphia American league club,
President Johnson and the three Amer
ican league attorneys held conference
IN the afternoon When they separated
Benjamin F. Shibe, president of the
local American league club, said:
The decision of the judges was
great surprise to Us. We shall carry
the case to the supreme court. and feel
certain the lower court viii be re-
versed. Our attorneys win at once
take the necessary steps for an ap-
Manager Mack said that while the
loss of Lajoie. Bernhard and Fraser
would be a big handicap, he believed
that ne could get along without them
case.
John I. Rogers. of the National league
club. said:
Under the ruling of the supreme
court, no other action was possible
shall at once prepare cases against
Monte Cross, Flick and Duggieby. who
are now playing with the American
league team, and shall apply for in
functions against them In view of
the decision I am more than satisfied
that the injunction will be granted
Manager Mack and Pitchers Bern
hardt and Frazer left last night for
Washington, where the team is playing
Lajoie remained here. He declares
that he viii never return to the local
National lea e1la c111b