Evening star. [volume] (Washington, D.C.) 1854-1972, 1916-02-07
COURT D|SM|SSES
SUIT Of FEDERALS
Judge Lands Cansents to
Withdrawal of Action Against
Organized Base Ball.
BALTIMORE CLUB FAILS
TO INTERPOSE OBJECTION
Merely Preserves Rights to Seek
Damages if It Is Decided Any
Have Been Sustained.

ShINASO, FeDruary i.-1ne suit OF
the Federal League against organized
| base ball, filed a year ago under the
antitrust act, was dismissed today by
Judge X. NJ. Landis,in the United States
district court.
The Withdrawal of the Federal League
| suit was the work of only a few min
nutes. After entering the order of
dismissal without prejudice, Judge Lam
dis said that careful review of all the
evidence and the various arguments of
both sides had failed to impugn the
player.
/ S. L. SWarts Presents Motion.
| The motion for withdrawal was pre-
sented by Attorney S. L. Swarts of st
Louis. representing the Federal League
and was concurred in by Attorney
Harry P. Weber. representing George
w. Miller, counsel for organized base
ball
| Mr.. Weber presented to the court Of
fetal notices from all the defendants to
the suit consenting to the withdrawal.
Fears that objection to the with
drawal would be entered by the Balti-
proved groundless when Stuart s. Jan
| ney, counsel for the Baltimore FEEDER
ais. entered his appearance in the case
| but interposed no objection to the dis
| missal of the proceedings.
| The Baltimore club has not been
party to the amalgamation of the Fed
| eral League and organized base ball,
| said Mr.. Janney, but 1t does not inter.
pose any objection to the withdrawal OF
the suit 1t simply desires that its
rights be preserved so that if occasion
| requires it may seek a remedy for any
| damages considered to have been sus-
| tanned"
Comment by the Court.
After directing that the suit be dis.
1 missed Judge Lands said:
1.-The motion for preliminary in.
! junction in this suit was presented te
this court a little more than a year
ago. The whole structure of organized
| base ball was Immediately plunged in
to litigation. Aside from the interest
| of base ball fans there were two sides
( to the controversy. organized base bal
and so-called outlaw base ball. There
| was a very full argument on ever!
point involved presented to the court
a legal point of view.
! THE courts expert knowledge OF
/ base ball. obtained by more than thirty
years of observation of the game a
| spectator, convinced me that if an or
| der had been entered it would have
been, if not destructive. at least vital
ly injurious to the game of base ball.
| NO matter what decision had been
made, neither side would have emerg-
| ed from court victorious. After taking
| counsel with my own judgment l de-
| cided that the court had the right, or
at least the discretion, to postpone de-
| cision in the case, and this was done"
Honor of Game Not Impugned.
| II want to say that in all the prelimi-
/ nary evidence and the various argu-
ments, when the records were gone
over with fine tooth comb to find
! something injurious to the other side
not the slightest evidence was pre-
scented to cause the most suspicious
person to impugn the honor of the
| game or of any of the individual play
ers."
| In the peace agreement between the
! Federal League and organized base ball
| the Baltimore Federals were dissatis.
| fed. After the order of dismissal was
lentered Attorney Janney said that Au-
| gust Hermann and others prominent in
the amalgamation had promised that
1.-The dispute with the Baltimore club
would be settled satisfactorily to all
concerned.
II hope this will be speedily acccr
plished," said the lawyer The Bali
tmore club has an ample remedy Il IL"
/. for any damages which it may receive
and could also proceed under the Clay
ton act if it does not receive equitable
, treatment.