Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1908-01-24
is THIS VICTORY?
IF Injunction Ruling Was Such
What Would Defeat Have
Done to Three-Eye.
BLOOMINGTON VIEW FUNNY
League Handed a Lemon Right and
Will be Asked to Pay $1,000
for the Same.

From some of the cities in the low
Cr end of the Three-Eye circuit, and
particularly Bloomington, the place
where twisted baseball stories origi
nate, come some wonderful accounts
of the ruling of Judge e. C.. Graves
in the circuit court here in the Du-
buque injunction case. Rock Island
newspaper men are charged with send
ing out biased Bloomington
always judges others by the standard
of self
Victory go for League.
The Bloomington paper sets up the
contention that the decision of Judge
Graves, while not absolute and final,
| is a complete victory for the defend
ants on all questions going to the
merits, for the court held that men
cannot be enjoined to play ball with
each other; that the league had per-
feet right to throw out any member
that it desired to throw out if it did
so according to the constitution of the
league"
When it is recalled that the only
part of the injunction which was dis
solved applied to the completion of the
schedule of 1907 and the interference
of the other clubs with Dubuque play
ers in playing that schedule, one Won
| ders just where it was any complete
victory for the league to have that
portion of the injunction dissolved.
| i'll, bC
| ton that any member can be ousted
if this is done according to the con-
stitution, but the court, assuming to
be true all of the allegations of the
bill of Dubuque, which were not az
tackled, holds that the move to Gust
| Dubuque as alleged was in violation
of the constitution, and that Dubuque
therefore is entitled to protection from
the enforcement of that resolution.
| FOrSets One Point.
| The Bloomington writer, who boasts
that he was able to get direct from
| reliable sources the correct interpre-
tatiOn Of the decision, says, referring
to the continuation of the injunction
in regard TO the custer order: "On
that point the bill of complaint of Du-
buque alleged that the meeting at Pc
oria Aug Is, 1907, was a mere pre-
tended meeting, and that Dubuque had
no notice of the meeting at all, and
did not know of the action nor the
proposed action of the league at that
ltime, which of course was absolutely
untrue and known to be untrue by Du-
buque, ETC.
i But why neglect to mention the 9th
er allegation on which Dubuque con
J tends that the resolution was illegal?
The bill of complaint does, allege that
the resolution was adopted lat a pre-
|, tended meeting at Peoria and claims
that Dubuque lad no proper notice OF
, that meeting. But it also charges that
according to the Three-Eye league con
stitution the franchise of a club shall
remain the property of that club until
the schedule shall have been complet
ed Thus, Dubuque maintains, the
league could not by any action, take
away that clubs franchise until the
close of the season. Dubuque alsc
, says in the bill that the action was
taken on the ground that Dubuque haC
not the required paid admissions, not
! withstanding the fact that the season
Z was not over, and it could not b.
! known how many paid admissions thu
Z club would show.
For the sake of the argument, j
( might be granted that Dubuque die
, know of the Peoria meeting. Blu
( where is the league on the Othe
point?
League Lawyer a BungIer.
( Frankly speaking, }the handling o
the Three-Eye injunction case here b.
< Attorney Fitz Henry of Bloomington
Q was case of bungling. The local al
< torneys who represent Dubuque, Scarf
z & Marshall, drew rings around Fit
s Henry, as the saying is, and then toll,
: him to jump through. And then Fit2
e Henry, it is said has bill for $1,20
to present to the league for his SCI
l. vices. He, of course, did not bet tn
: league into the mess. That is Pres
o dent Hollands doing. but it was LEI
S by Holland to Fitz Henry to get tn
/ league out
J. The Rock Island association an
i Holland are the only defendants VIII
have been served, and thus the onl
}, two at bar. Fitz Henry, for Rock Is
y and, filed a demurrer. But Rock Is
and on its own part filed an answe
IS thus waving the demurrer.
d, Then this attorney did not file TIL
III paper in Hollands name, but instea
y he filed motion to dissolve for wal
, of equity on the basis of allegation
though true, did not warrant the wri
n The main part of the writ is continue