Waterbury Democrat., 1902-03-06

fourteen men on the 1st of June. Cleveland is to play Sunday ball out side the city limits. If this is prevent ed these games will probably go to Gin cinnati.
 Another postponement in the injunc- tion proceedings restraining A. G. Spalding from assuming the duties of president of the National league was decided upon yesterday, the Freedman faction this time being responsible. The argument on the demurrers filed by the defendants was to have taken place before Justice TruaX in part third of the supreme court to-day, but at the request of De Lancey Nicoll. at torney for the Freedman faction. who has case before the court of appeals, postponement was agreed upon by consent of Colonel John I. Rogers of Philadelphia.
 As matters now stand, A. G. Spald- ing is not the only person involved in the defense of the suit. The Brooklyn, Chicago. Pittsburg and Philadelphia clubs, who since the original service of papers upon Spa1ding have been made parties to the injunction suit. have de- cided to fight the matter to the bitter end. At a series of conferences each of these clubs has concluded to stand by Spalding at any cost, and as q re. suit all of them will be represented by legal talent. A. w. Riddle will make argument for Spalding, Colonel Rogers will act as counsel for both the Phila- delphia and Chicago clubs, J. A. North rup of Jersey City will look after the interests of the Pittsburg club. and John NJ. Ward will represent the l Brooklyn club.
 In other words, there are five de- fendants and each has a demurrer to argue. All of these demurrers set forth l that the supreme court of New York county has no Jurisdiction. as the four 1 Spalding clubs are foreign corpora tlons; that the plaintiffs, the New York, Boston, Cincinnati and St Louis clubs, have no legal capacity to sue: that the plaintiffs have not stated q cause for action. and that they are not entitled to relief. Colonel Rogers. who was chairman of the league meeting at which Spalding was elected presi- uent by to 0 vote. after the Freed man faction had bolted. is the princi- pal owner of the Philadelphia club and is therefore directly interested. He l will conduct the defense when it comes to arguing the merits of Spalding's election. Colonel Rogers was in New I York yesterday ready to go in court to-day. but when Mfr Nicoll made his request for time the colonel readily consented. In speaking of the case Colonel Rogers said last night:
 When the case comes up next Tues day We will argue the demurrers and Alessrs Kiddle Ward, Northrup and myself will have many facts to set forth. If the demurrers are sustained the case will be thrown out of court and Spalding will immediately assume the duties of president. If on the other
 hand. there should be a decision iron the bench, dismissing the demurrers
 we Will have twenty days ill which t file an answer to the injunction case
 In that event the arguments on tn,
 merits of the case could not be heart
 sooner than the April term and ever then there might be q postponement a
 the request of either side As far 2: We are concerned, however. We ar, ready to go on without further delay . and wish to say that we have no feat ) as to the result. Mir Spalding is il
 office. He Is de facto president ant : was legally elected. We believe tha we can show conclusive proof an, precedent to bear out our contention ) It will be fight to q finish'
 The most important fact relating t the controversy seems to be the actiol : of the four Spalding clubs in taking hand in the legal proceedings. Whel
 Spalding was served with papers Ii
 stood alone, defended by his attorney
 MT Riddle. But with the entrance o
 counsel for the four Spalding club
 into the. case, it is apparent that h matter how long the court proceeding may be strung out, there will be
 breach between the rival factions il
 the league.