The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-04-29
LAJOIE OUT OF GAME
Court Makes Permanent the
Order Restraining the
Ball Player
RULING IS A SURPRISE
johnson League Expected Different
Decision, and Promise to
Fight Case to the
bitter End.

PHILADELPHIA, April 2S.-The pre-
urinary injunction granted last week re-
straining Napoleon Lajoie second. base
man Of the Philadelphia American
League Baseball club from playing with
any other than the Philadelphia National
League club, was today made permanent
by the court of common pleas. Perma-
nent injunction were also issued against
Pitchers Fraser and Bernard, formerly
CT the Philadelphia National League club,
who are al present playing with the local
American league team.
In the original suit against the three
players the court of common pleas decid-
ed that the contracts were unjust and
declined to issue a restraining order
The officials of the National League club
appealed to the supreme court, which re-
versed the decision of the lower court. A
temporary injunction was granted last
Thursday and todays proceedings were
the result of an effort to dissolve the in
junction.
The court decided in the matter of La
joie that there were no rev points to be
argued and that as the supreme court
had expressly declared Lajoie's contract
TO be valid, a permanent injunction 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 re-
tanned 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 Bernhard nor
fraser were players of exceptional abiI-
ity. but the court decided that the de-
cision of the supreme court applied to
them, and accordingly issued the perma-
nent restr aiming order.
Although todays decision of the court
practically makes the injunction against
the players permanent, technically, the
restraining order will not be made per-
marent until the National league amends
the bill of complaint to cover the sea
son of 1902. The original bill on which
the decision was rendered covered only
last year.
President Ban Johnson. before leaving
for the West tonight, issued a call for a
special meeting of the American league
to be held in Cleveland on Wednesday
A full attendance is expected. and the
Whole situation will be gone over and a
line of campaign mapped out. Mr.. John
son would not diVulge his plans.
The owners of the PHILADELPHIA Amer
lean league club. President Johnson and
the three American league attorneys held
a conference this afternoon. When they
separated Benjamin F. Shibe president
OF the local American league club, said:
1.-THE decision Of the judges was a
great surprise to us. We shall carry the
case to the supreme court, and feel Ger
tain the lower court will be reversed.
our attorneys will at once take the nee
essary steps for an appeal"
Manager Mack said that wfrile the loss
OF LaJoie, Bernhard and Fraser would be
a big handicap, he believed that he
7 could get 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 l shall at
once prepare cases against Monte Cross
Flick and Duggleby, who are now playing
with the American league team, and shall
Apply Tor lnJunctions against them In
view Of teday's decision I am more than
satisfied that the injunction will be
granted
Manager Mack and Pitchers Bernhard
and Fraser left tonight for Washing ton
where the team is playing. Laioie re-
manned here. He declares that he will
club.