The Montgomery advertiser., 1904-08-02
BALL PARK DECISION
JUDGE sAYRE PERMITS GAME AT
 HIGHLAND OVAL.
Distinction Drawn Between Montgona- cry Baseball Association md W.
 H Ragland, and Associates--
 More Litigation May Follow.

The decision yesterday of Judge A.
 D. sayre of the Montgomery City Court
 in Equity, permitted the playing. of
 baseball yesterday afternoon at High
 land Oval but the final outcome of the
 controversy between the Montgomery
 Traction Company and the Montgomery Street Railway is still unsettled s Judge Sayre dissolved the inJunc-
 ton granted by Judge A. A. Evans of
 the Third Judicial Circuit, as far as 1t
 applied to w. II. Ragland, William stickney, Thomas OBrien and Ed. Pabst, but the Montgomery Baseball Association is still enjoined from play- ing baseball games at Highland oval. This leaves the question of owner-
 ship of the Montgomery franchise In
 the Southern Baseball League open. If it can be successfully shown that the franchise is owned by w. H. Ragland
 the presumption Is there will be no further interference with games at Highland Oval If the franchise Is
 owned by the Montgomery Baseball Association then the courts may be called on again to decide where the games will be played.
 The order made by Judge Sayre in the equity court docket was as fol- lows:
 rms cause coming on tO pe nediu at this term was submitted for de- cree on the joint and separate motions | of the several defendants to dismiss the bill for want of equity, to dissolve the injunction heretofore ordered and is- sued in this cause. and to modify said injunction.
 And upon due consideration 1t Is ordered, adjudged and decreed by the court that the several motions of the
 defendant the Montgomery Baseball Association. be. and the same are hereby severally and separately over ruled.
 Tt is further ordered, adiudged and decreed that as to the defendants, Rag land, Stickney. OBrien and Pabst, as
 individuals. and in every other capacity, save as agents only of the corporation chartered under the name of Mont gomery Baseball Association. the same | being the corporation to which a cer- tificate of incorporation was issued by the Judge of Probate of Montgomery County on March 2S, 1903, and one of | the defendants in this cause, the bill in | this cause do stand dismissed: and further. that the injunction heretofore ordered and issued in this cause be and | the same Is hereby dissolved as to each | and every one of the defendants. Rag | land, Stickney, OBrien and Pabst in dividually, but not as to the said last l named defendants in so far as they are | or may be acting in the matter of play | lHS games OI Dall III montgomery COun- | ty, near the city of Montgomery, Ala l bama, and elsewhere than upon the l grounds known IS Athletic Park, as the l officers or agents of the defendant, the | Montgomery Baseball Association cor l poration as aforesaid. and further that l the complainant pay the costs incurred l in the prosecution of this cause against 1 the defendants, Ragland, Stickney, l O'Brien and Pabst, individually, for
 which let execution issue. and further l that the court declines to fix any
 amount of bond for the supersedeas of this decree and the reinstatement of
 the injunction"
 Judge Sayre did not write an opinion He has intimated that he will later file an opinion in the case with the clerk 1 of the court. He came down from his summer home at Mountain Creek yes terday morning. made the order in hi: docket as to the baseball park litiga- | ton and returned to Mountain Creek | on an afternoon train.
 One of the lawyers representing the Traction Company intimated that there
 would be further legal interference with the baseball games today or to.
 morrow although he declined to dis
 cuss the next step by those whom he
 represented.
 The suit of W. T. Robertson for an
 accounting between the Montgomery
 Baseball Association and MT. Ragland
 is still pending and baseball enthusi-
 asts may expect further litigation as l the season grows older.