The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-06-06
M'GRAW GETS INJUNCTION.
Court Holds Pulliam Exceeded His Power
In Filming the Manager.

BosToN. June 5.-Judge Sheldon Of the
Superior Court to-day ordered issued a tenn
porary Injunction in the bill brought by John
j, McGr9w. manager of the New York National
League baseball team against President
Pulliam Of the National League and the UNI
pires Of the league. restraining the defend
ants from enforcing the penalties imposed
on Mctiraw by President Pulllam on charges
preferred by Barney F, Dreyfuss president of
the Pittsburg club,
fifteen days. and sought by this bill to pre-
vent the enforcement OF the penalties on, the
ground that they we're imposed legally. in
that he did not have an opportunity to be
heard in his own defense on the charges re-
ferred TO. He had been adjudged guilty OF
May IL, but he contended that he, should
have been allowed to defend himself as to
the charges made against him since the rules
Of the league contemplated such course
Judge Sheldon took the same view OF the matter
as did the manager, holding that the punish
reason ,o That" that the latter exceeded his bowers
chiefly. by reason of his failure to impose the
penalties upon proper proof IN ACCORDANCE
laws of the National League. The Court held
that proper proof meant notice of the
s OF h n an p9fy or Me- 6
presence of President Pull lam. in which event
the requirement OF hearing might have been
President Pullam gave out the following
statement tonight.
Sheldon in the. case of John McGraw and the
New York ball club assinst the president OF
the National League and the National League
sheldon's construction of the Fleschmann
resolution mi for r.. the preservation Of good order
said resolution adopted BY the =, National
League on the he. motion WS Of JGh s T. Brush,
81 on the G% Of
the league to fine any ball player removed
from the game by the umpire or suspended
$40 for every day Of such removal or suspen-
sion ar,o ,n,, ro,so. o.., NJ. u.c
Had ! acted under the Fielschmann resolu-
not o have n ne Mr. Meraw one dollar but
would have suspended him fifteen days.
was SO successful throughout the seasons
was fSr.her sr stree ss By an smend@ent
mary and mandatory powers with reference a
to tining, and suspension Of players and man
ayers a. ! deeply regret re-, that Mr. Brush has
seek relief in the courts against the opera
ton Of his own law.
McGraw was guilty of the, conduct charged,
as described by my counsel and as supported
bysW e. Temple of pi'sburg, Pa. il would
ment could be imposed upon McCiraw. He
further declared that he desired to do nothing
that would aid McGraw in escaping from
the consequences Of his conduct The Jud re
ruled that II McGraw was guilty of the con-
duct described he ought to be severely pun
ished. but that under the law he was en-
titled TO hearing upon due and formal notice
before could pronounce him guilty.
My action in this case was in strict ac-
cordance with the procedure have followed
for, the last three years, and up to this time
~ has never been questioned by PLAYER or
club In framing and Interpreting the reso-
luton and the amendment, the lea que dis
tinctly, intended that the president should
have the power to inct swift and sure nun
ishmeht for gross violation Of good order and
decency on the baseball field, / considered
That formal hearing would involve con-
siderable delay. owing to the territory COW
cred by the league and the fact that attend
ance OF travelling. players and distant wit.
nesses would be difficult to secure and that
this delay would materially detract from the
effect. OF the punishment. ! have never e ,o
PEELED a. player without giving him trial
severe have never considered a formal
trial necessary, As president have never
inflicted punishment upon any PLAYER with
out making thorough and systematic in
Nestigallon of the facts, as did In this case.
What further action will be taken in NV
behalf in these cases. depends entirely upon
the ADVICE OF my counsel Charles Nj Sher-
man and James F. Bacon OF the Tren,nnt
Building. in whose hands have placed nv
interests. '