The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-01-23
JUDGE WILL NOT LET
FED SUIT HURT GAME
"Any Blow Aimed ut Baseball
Would BE Blow at National
Institution" He Says.
CASE DRAGS ANOTHER DAY

CHICAGO. Jan. 22.-Baseball Is a ma
tlonal institution Federal Judge Lands
said so to-day during the arguments OF
the Federal 'LcaEuc Injunction suit TO
prove that organized baseball is a trust.
and tonight the baseball magnates In at
tendance at the session are specializing
seriously II this expression Is not pre-
Judgment and that the human element
will figure largely In the final decision o.
the court
Judge Bandiss declaration came at n
dramatic moment Attorney George
Wharton Pepper, chief counsel for organ
lied basebalrs forces, was in the middle
Of his peroration, which was in the ma
turc Of an appeal to the court as love-
~ baseball. and had asked permission to
inject a personal element into the dry
technical points brought into the argu-
monts He began by stating what base
ball had meant to him and had asserted
that the Fcderals were trying to break
m the national game Of which he was a
follower. when the court broke in with an
impatient wave Of the hand.
''we'u have to keep love and affection
out OF this suit" he said. Both sides
understand that any blow aimed at base
hall will he regarded by this court as a
blow at a national institution
The court session to-day was long
drawn out affair and lasted into the eve
ming. an attempt being made to hnish
the arguments But 1t was necessary 10
adjourn until tomorrow, when Judge
Viewers expec,s to consume an hour in re-
buttal. with Attorney Arlington lending
his voice and hand for possibly an
equal period Then will come the sum
ming ND OF the case for the compliments
by Edward T.. Gates as chief counsel
The question Of jurisdiction came up
only incidentally In the pleadings ana
both sides believed that the court would
not make a decision in the case Ihere
- sm possibility that IL may he
brown out entirely. hut this contingency
was regarded tonight as remote
Mr. Pepper, who resumed his argu-
tron,s At the afternoon session, argued
in the same strain as the day before. lie
went further into the question of labo'
md he drew "A sympathetic nod from the
presiding Judge when he quoted de-
,lslon from the courts OF New Mexico.
baseball is a sport and not labor
Mr. Pepper took up the bill of com
plants i'm Diet all and tried to show the
court the Inconsistencies in that document.
The further | go In this hill the worse Il
cts said Pepper He emphasized the
argument that In charging that contract
exists in restraint of trade, no third party
can bring the action, that the contract
IL a question between player and contract
ing club. Other points emphasized by Mr.
Teppcr were the following. That there
can be no monopoly IN restraint Of trade
unless there Is something to buy and sell /.
thlt Judge Gisscll in the Hal Chase case
overlooked tho fact that baseball belongs
in a category with theatrical orgdnizd-
tons boards Of trade. &c
Mr tDStstpu lin. :
FOR the plaintiff had come in for a tenn
porary injunction that II granted would
cause the stoppage Of the wheels OF Il
great institution.
zone who comes into court and swcars
he gets an injunction TO break a contract
should he called an outlaw" dramatically
insisted Mr.. Pepper. II suppose though
th'' to Mr. Arlington would be considered
an honor"
The point that the Feds had brought the
action six weeks from the time for the
spring training was brought out as show
ing the motive of the plantff to injure
the business of the defence.
George W Miller, retained by the Amer
lean Lsague, followed Mr.. Pepper. lie
said that the Federals thought they had
organized baseball whipped at the end of
the 1914 season and that they thought
they would be welcomed into the fold
Miller stated that the Federals were ready
TO enter ana De fuled ny the NdtOndl
Agreement, but when refused admission
they bectme reformers and were trying
to break down tho agreement and organ
lied baseball.
Then ne turned to the various specific
Eases where players under contract 70
organized baseball had gone to the Fed
eral League.
with Attorney Miller It simply was "a
cSse OF complanants not coming into
court with clean hands. He wondered
Row they dared to face the court. WIN
dramatic gestures he wound up the case
Tor the defence with the statement that
II preliminary Injunction were issued
IL would destroy by "A single stroke Of
the pen a business which II had taken
forty years to build up.
At the close Of the case Robert b
Ward of the Brooklyn Fedorals was
served with "A subpoena in the case where
tho Philadelphia Nationals sued the
Brooklyn Feds for $4,000 damages for
alternating Uhe affections of Pitcher
Tom Seaton.