The Washington times., 1904-03-25
INJUNCTION FACES
CLUB MAGNATES
Cannot Remove FiXings
From Florida Avenue.
ORDER A TEMPORARY ONE
Commissioners Favor Issuing License to
Team to Use the Seventh
Street Grounds.

The new owners of the Washington
Baseball Club have no sooner Jumped
out of the frying pan than they find
themselves in the fire.
The District Commissioners had but
granted their plea to make use of the
Seventh Street grounds this mornine,
when they found an injunction staring
them in the face.
The latter action was taken by the
Washington Brick Company. to re-
strain the club management and owners
from removing the grandstand, bleach,
ers." fences. dressing and bath rooms
from the Florida Avenue site.
Must Show Cause.
The petition was granted by Judge
Gould through w. f. Mattingly repre-
senting the brick company. The order
is a temporary one and the defendants
must show cause by Monday why it
should not be made permanent. The
petition sets forth that the baseball
management leased the p operty for a
period of five years from April l, and
agreed to pay a rental yearly of $500.
Further. it is claimed that $50 Of last
years rental Is unpaid, and that the
lessee has failed 10 pay a tax Of $3.50.
imposed for improvements.
The represeutativ Of the baseball
sioners' favorable action in the mat
ter after the hearing, which was had
TO allow the new baseball magnates 10
answer the objections made by the
property owners through their attorney,
Malcolm Hufty.
His Point of View.
A feature of the hearing was the
speech OF the attorney. who attempted
to dictate to the Commissioners what
time he should be given second hear
ing on the case; endeavored to make the
Building Inspector contradict himself In
explanations Of the building regulations.
ana concluded with the assertion that
a baseball game is IN the same class
of exhibitions as an animal circus.
The attorneys representing the club
were Z. W. Baker and Wilton J. Lam
bert who argued that Mr. HufGy had
shown no reason Tor the nOn-erecUOn
OF the stands. The Commissioners up
held their arguments.
In answering Mr. Hufty's contention
that the Commissioners had not given
him time to prepaE5 his arguments In
the case by continuing tSe hearing from
yesterday morning TO yesterday after
noon. and then until this morning, Mr..
mcfarland said:
You have no right. Mr. Hufty. to set
the time for hearing 10 De granted by
YOU the courtesy Of continuing this par
ticular hearing twice. You did not ap-
pear in person yesterday afternoon
That was your own fault You must
now proceed with your argument"
The Commissioners View.
This argument in effect. was that a
baseball game was as much OF a nuis-
ance as a circus; that it was objected to
by the property owners in the neigh
borhood OF the park. and that the Com
missioners had no right TO order the
issuance Of the permit for the stands
or 10 grant the license 70 the club for
its games.
After a brief consultation. the Com
missioners announced that they could
not agree with Mr. Hufty that q base
ball team IS q circus, and they could
see no reason for not allowing the
stands to be erected.
They said also that they had no other
course than TO issue the club its license.
1t has a legal right 10 this. and the
Commissioners must allow it under the
law.