Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1905-02-22
LEAGUE is UPHELD
Substances by Court in Action
Transferring Rockford
: Franchise.
DENIAL OF AN INJUNCTION
Demurrer Filed by Officers of Organ
ization Sustained by Judge
Myers.

Bloomington, H., Feb. 22.-(Spe
ciaL)-Judge Myers today, in the in
junction case of Rockford against the
Three-Eye league. decided against the
plaintiff and dismissed the case, stat
ing that the bin on its face was with
out equity. 1t was held that the bill
itself did not alege that Rockford
had property rights in this league and
consequently no decision on that point
could be made, although the attor-
neys argued at length on this point
last Saturday. II was held that the
constitution was written contract be
tween Rockford and the members of
the association and the action of the
directors in expelling Rockford show
ed that while this was being done the
constitution had been suspended.
Act Within Their Rights.
Bloomington. H.. Feb 22.-(By As
sociated Press.)-Judge Myers today
sustained the demurrer filed by the at
tOrneys for the Three-Eye league TO
the injunction proceedings instituted
several weeks ago which sought IN
prevent the league from ousting Rock.
ford and forfeiting its franchise 10 Peo-
ria. II was held that Rockford did
not have any property rights; that the
action of the directors in expelling
Rockford was not in violation of the
contract, and the league directors act
ed within their rights.
The news of the ruling in the Rock
ford proceedings against the league, it
is needless to say, was received with
genuine qualification by all admirers
of the game in Rock Island. To Pres
ident Sexton of the local club, it is
Of course particularly pleasing. Il
look upon the result as a vindicatiOn
not alone Of the leagues course, but OF
the part I have necessarily taken in
this matter" said Mr. Sexton. mot
only because / wrote the constitution
but the resolution adopted at St. Louis
on which the Rockford people based
their case, and which | thought l had
been careful to safeguard against just
such contentious. but because of the
spleen that has been exhibited in Rock |
ford against me personally. | have at I
no time entertained the slightest pre- |
judiCe toward Rockford. and in fact |
have done my best to see that that |
club had a square deal. even when
on former occasions there was dis |
position in the league to terminate the |
relations of that club with the league. |
for business reasons that were ample. !
| have always cautioned liberation not |
withstanding that the Rockford fran
chise was a drain on the league, and |
| realized as the baseball people of |
that city must have realized that they |
were being kept in the league on suf- /
ferance All that | care to say now |
is the Rockford club should have |
shown its appreciation of past favors
ar the hands of the league and its dis
position to put up with the loss that it
was every year sustaining through
a city that did not meet
its obligations in point of attendance
to the other clubs. byyielding gracefully
to the mandate of the league when
patience had ceased 10 be a virtue in
stead of insisting in iutruding its mem
bership in an organization where it
could not hold it's end up
sexton Confident All Along.
Mr.. Sexton has from the first en-
tcrtained no doubt whatever as 10 the
outcome of the proceedings brought
by the Rockford club against the
league. So familiar was he with the
provisions Of the constitution involved
that he could not see how that city
could succeed in its contention before
the law. There were but two see
lions included in the attack. Section
5 OF the league constitution under the
caption of membership provides that
the league shall consist Of such clubs
as may from time 10 time be elected
10 membership. while Section { under
the caption Of termination OF member
ship provides first that the member
ship of a club may be terminated by
and second the member
ship OF a club may be terminated
" hencyer by a majority vote of the
clubs the membership of a club is for
business reasons determined a. no
longer desired. These two sections
are from the fundamental laws of the
league. and hence could not be affected
hy the resolution adopted az the ST.
Louis meeting of the league subse-
1ueutly. which provided that fran
,hises be given To the eight clubs then
for Swear period-provided {
that the cities receiving the same com. Y
ply with all the provisions Of the con Ii