New-York tribune., 1902-03-12
BASEBALL FIGHT IN COURT.
THE SPALDING FACTION DOES ALL THE
TALKING-DECIsIONR RESERVED.

TALKING-DECISIONR RESERVED.
The National League baseball row was in court
Yesterday After many weeks Of wrangng among
themselves. the warrng factions the premier
baseball organization Of the country got their
legal representatives. before Justice Truax. in the
Supreme Court. for the purpose OF arguing the
merit OF the demurrer entered by the "SpaIdng
Four to the complaint OF the Freedman Brush
faction If the demurrer is sustained victory will
rest with the SpaIdng faction. II the demurrer IS
not sustained then will come the final argument to
make the temporary injunction. granted several
weeks ago by which Mr.. Spaldlng is restrained
from acting president OF the league. permanent.
Contrary 70 eNpeot tions there another hitch
in the proceedings. When the was called for
argument, De Lancey Nicon, representing the
Freedman-Brush interests informed the court that
he was actually engaged in the trial OF another
suit While Mr.. Nicoll did not insist upon ad-
journment he asked that the entire case be sub
mitted without argument. Mr.. NicoH armed
with bundle of briefs. which he said contained
his reasons why the demurrer should not be sus-
tained. When this proposition was submitted TO
the court there "A strong protest from the
lawyers on the other side
Colonel John I. Rogers of Philadelphia; John
Mont gomery Ward. the old pail player who is
looking after the Brooklyn in the present
action; r. W NOrthrup, who represents Pittsburg,
and ". ". Kiddle Mr. Spaldng's attorney,
all in court prepared argue the case These IN
sisted upon being heard orally After d heated
gument upon the point, Justice TruaN ruled that
attorneys defendants
orally II they saw fit. Mr. NicoN was allowed 10
submit his side OF the case. While waiting for the
disposition Of several other cases. the lawyers for
the spadlng faction got together and held con-
ference
The demurrer to the INJUNCTION proceedings fled
behalf Of MIR. Spalding recites that under the
action, brought the local courts have improper
jurisdiction IN the action, as brought the Boston
Baseball Club, the Cincinnati Baseball Club the
National Exhibition Company. which is the New
YORK. O1y md 1na Aroa- Raea bafl and N
letic Exhibition Company OF St. Louis named
as the plaintiffs while the Brooklyn Baseball
Club. the Chicago League Club the Phil
adelphia Ball Club. the Pittsburg Baseball Club.
A. G. Spalding, N f. Young and the National
League and American Association OF Professional
Baseball Clubs are named as defendants.
It IS contended behalf OF the Spaldiug faction
that the National League IS not a corporation. but
/ is an Organization in the nature Of partnership.
It is then pointed that partners only
partners In actions for the dissolution Of part
nership. II urged that even IN quo warranto
proceedings the internal wrangles Of partners could
not be gone into. 1t was further urged that the
action had been improperly brought. that It should
have been brought by \. Z. Young, president.
( against Spaldng and the eight clubs of the league.
When the was finally called for argument
John NJ Ward arose and said:
come mere and ask that the Brooklyn Base
ball CIb be a9Wea 70 aPPs1f5 Ps5 IN IN 'n1S idT Fsse WIEN
L Gol' 3C,Pptfo q ~ -rnceedi -gs Iyera rrnnpht .
the ln)Incto t d W. li,b ~ rrars '
the Chicago club nor the Pittsburg club, which are
vitally interested in property interest were served
until weeks after the action had been begun. In the
present argument Mr. Spalding Is the only person
who has the right appear here for n hearing on
this demurrer All Of the clubs named as de-
ter denurrers They will be identical with the
demurrer entered by Mr- Spaldtng. Our interests
Identical
on behalf Of the Brooklyn club I desire that
be allowed appear in this proceeding and argue
the case. There present here the representa-
tives Of the other three clubs They also Wish 10
be allowed to appear and have the entire matter
settled and for all. II this Is not done. II Will
be some time in April before the demurrers or
these clubs can argued. These clubs certainly
have a right TO he heard, and they Will insist upon
their rights ,,-
The public is interested 10 a very large extent
baseball Is the national game. and the public IS
anxious to see games Che playing season Is draw
ing near and unleNs = Snethng is done II VIII De
impossible for the clubs 10 play. The playing
season begins next month II the court Will al
interests in connection with those of Mr.. Spald-
ing a more speedy adjustment can be arrived al
otherwise il will be several weeks before the
clubs associated with Mr.. Spalding can be heard.
Justice Trlax decided allow Mr.. Ward TO ap-
near and be heard. but only as representing MI
Shading Mr. Ward then forth all Of the facts
which gave rise 70 the row. He contended that
under the action as brought. the court did not
have Jurisdiction Colonel Rogers followed Mr..
Ward and argued along the same lines: NO ar
gunent was made in behalf Of the freedman
Rrush four briefs being submitted Instead
Justice Truax took the papers IN the matter ana
reserved decision