The Washington times., 1915-01-24
Case to Be Later Tried on Its
Merits Should Court Deny
or Grant Temporary In.
Junction.
Attorney Gates, for the Feds,
AssaiIs Ban Johnson In Clos.
Ing Arguments Before Judge
Lands.

CHICAGO, Jan. 24-Judge Lands
has heard both sides Of the argu-
ments presented by the Federal
League and organized baseball, and
has granted the defendants twenty
days in which to file answers to the
original bill Of complaint, which asks
for temporary injunction restrain
ing organized baseball from going
into various State courts for in
functions against the players OBJ
tanned by the Feds.
Should the court grant or deny
the temporary injunction asked the
case will be tried later on it's merits.
The prayer of the Feds before Judge
Lands is under advisement follow
ing the lengthy rebuttal arguments
concluded late yesterday by e. E.
Gates, of indianapolis.
Gates summed up the cae for the
Feds. charged that the defendants
corstit Ited a monopoly in restraint
of trade and commerce. referred to
the Intervening suits Of Lee Magee
and others in their support Of invol-
utary servitude charge and dwelt on
the workings Of the reserve and ten
day clause.
Various interviews given out by
Ban Johnson In the course Of the
baseball war furnished the Feds at
torney with ammunition. Fist he
ho 1f..f. 70 IcG hHI q
american League chief when the IN.
dependents first filed their plea for
the dissolving of organized baseball.
Gates asserted that Johnson declared
wouldn't last long enough &c have
the case come to trial.
way Gates closed that pal his
talk.
Continuing his attack on Johnson.
Gates recalled some Of the statements
credited to Ban last spring when
practically all the notnbles Of base
ball were In New York waiting to
group Of world tourists. He declared
that johnson gave an intcTN lew to
some fifteen New York reporters in
which he asserted the Federal
League had no parks at thnt time
This statement was cited in the af-
f1davtt filed by President Gilmore. OF
the Federal League. Gates declared
Johnson knew the information was
That a live ball player is an article
OF commerce was established during
the closing innings of the Federal
lied baseball is trust. That dead
one" comes in the same category was
the opinion Of the presiding Judge.
'Glass arms were about the only
things about the ball players anatomy
not mentioned by counsel for the Feds.
1t is business with big, r, he con-
tended. and for that reason 1t falls TN
der the sherman antitrust law and the
Clayton amendment.
Quincy A. Meyers opened for the COM
plainants and began by taking as his
text the sixteenth section of the Clay
ton amendment, which has furnished
material for most OF the orators to
date. Again Judge Landis raised the
question Of jurisdiction. Then, when
Judge Meyers began to apologize for thes
lengthy arguments he had to produce
the court interrupted with the remark
that he was not tired Of the case, as 1t
was IAN attractive controversy to tie
court
Near the close of Meyers address At
torney Addington. spurred on by
query from Attorney Miller in regard to
the contract form, made a motion that
the uelenuantS De COUpeled 10 produce
the latest contracts Of Walter john
son, Ivy Wingo, and Ray Caldwell in
tmating that these were the last word
In organized basebalIs contracts. This
loosened a flood OF oratory. three or
four attorneys being on their feet at
once The defense contended that 1t
had not the contracts in its physical
possession but Addington insisted that
they be produced. Then the Konetchy
contract with the Pittsburgh Pirates.
received In the morning by the COM
plainants, was ushered into the contro-
vcrsy.
Judge Meyers big point was that
baseball consisted Of transportation of
players. umpires and baseball para
phernalia from city to city, and neces
sarily from state to state and that this
transportation was done to fulfill con-
tracts and agreements to play a certain
number of Games in each of the cities