Omaha daily bee., 1902-04-30
INJUNCTION IS PERMANENT
Restraining Order in LSiois Case Declared
in Force indefinitely.
kaERlcAS LEAGUE MEN WILL TAKE APPEAL
Decline 60 Accept Decision as Final
Lajoie says ne viii Never Re-
turn 60 Philadelphia
Nationals.

PHILADELPHIA, April 2s.--The prellm
mary injunction granted last week re.
straining Napoleon Lajoie, second basemsr
of the Philadelphia American league base.
BAH club, from playing with any other thar
the National league, wss today made per.
manent. PermaIe-t ipjunctions we're also
Issued against Pitchers Fraser and Bern
bard. formerly OF the Philadelphia National
league club. who are at present playing
Nth the local American Sleague team.
In the original suit against the three
players the court OF common pleas decided
that the contracts were unjust and de-
elined to Issue 4 restraining order. TIL
officials OF the National League club ap-
pealed to the supreme court, which re-
versed the decision OF the lower court. A
temporary injunction was granted last
Thursday, and today's proceedings were
the result OF an effort to dissolve the In
Junction.
The court decided in the matter OF Ia.
joie that there we're no new points to be
argued and that as the supreme court had
expressly declared Lajoie's contract to 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 it retained q
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 tc
prove that neither Bernhard or Fraser
were players Of exceptional ability, but the
court decided thot the decision Of the SUI
oreme court applied TO them and accord
ingly issued the permanent restraining
order.
Delay In Execution.
Although today's decision Of the court
practically makes the Injunction against
the players permanent technically, the re-
straining order will not be made permanent
until the National league amends the bill
OF complaint to cover the season Of 1909
The original dill on which the decision was
rendered covered only last year.
PRECEDENT Ban Johnson, before leaving for
the west tonight Issued a call for q
special meeting of the American league "a
be held in Cleveland on Wednesday. A full
attendance is expected and the whole situa.
tion will be zone over and a line Of cam
paign mapped out, MT. johnson would no,
divulge his plans.
The owners OF the Philadelphia Amer
lean league club, President johnson and
the three American league attorneys hello
a conference this afternoon. When they
separated BENJAMIN Shibe, president OF
he American local club, said:
The d~ecirion of the Judges was a great
surprise to us. We shall carry the case 70
ihe supreme court and feel certain that the
'ower court will be reversed. Our attorneys
will at once take the necessary steps for en-
- appeal"
Manager Mack said that while the loss
Of Lajoie, Bernhard and Fraser would be a
big handicap, he believed that he could re,
along without them until the supreme court
decides on the case.
John l. 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, Fitch and Duggleby, who are now
playing with the American League team
and shall apply for injunctions against
them. In view Of today's decision / an
more than satisfied that the injunction viii
be granted"
Manager Mack and Pitchers Bernhard ant
Fraser left tonight for Washington, where
the team is playing. Lajoie remained
here. He declares that he will never re.
turn to the local National League club.