The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-08-07
OWNERS OF YANKEES
OBTAIN INJUNCTION
Justice Luce Issues Temper
airy Restraining Order in the
Case Of Pitcher Mays.
CALL FOR LEAGUE SESSION
Rupert and Huston Ask Con-
freres to Discuss Question
Here Next Monday.
CALL FOR LEAGUE SESSION
~ FREDERICK G. LIEB.

~ LIMB
Col. Jacob Rupert and Col. T. Hus-
ton owners OF the New York American
League club, last night obtained an
ex.parte Injunction from Robert l..
Luce, Justice of the Supreme Court of
the state Of New York, restraining Ban
Johnson, the American League, or any
OF its umplres or agents from prevent
Ing Carl Mays from pitching for the
Yankeea
The Injunction is of a temporary ma
ture, and remains in effect until next
Tuesday. when the case will be heard
in the county court house OF the Borough
OF Manhattan.
The Yankees expect to pitch Mays in
one Of the games of the double header
with the St Louis Browns today, though
no Official announcement TO that effect
was made. II am not picking pitchers
for Miller Higgins, our manager" said
Col Rupert last night. but Higgins
has been advised that he may pitch
Mays whenever he desires. As we play
two games against St Louis to-day and
the club Is a little short on pitchers, I
strongly suspect that Mays will pitch"
The Yankee lawyers earned their
money well. The Injunction is a work
Of art 1t covers every phase OF the Sit
uatlon.
Can't Refuse to Play.
II also provides that there be no
Interference with any regularly sched-
uled contests between the Yankees or
rival clubs, or regarding any games in
which Mays participates otherwise than
championship contests. 1t prevents any
club from refusing to play against
Mays
The Injunction makes johnson, individ-
ually and as president of the American
League, and the ST. Louis and Cleveland
clubs, the plaintiffs. These are the clubs
that New York will play during the Pc
Rod Of the temporary Injunction.
The vital part OF the injunction, which
prevents any interference with any
games OF which Mays may be a parti-
elpant. reads as follows:
sufficient cause having been shown,
II is hereby ordered that pending the
hearing and determination of this mat
ter the defendant Byron d. johnson,
president OF the American League of
Professional Baseball clubs, his agents.
umpires and employees and the agents,
umpires and employees Of the said
American League of Professional Base
ball clubs be and they hereby are sew
orally enjoined from interfering with
the performance of the contract between
the plaintiff (the New York ciub) and
said Carl w. Mays and from interfering
With the established schedule of games
between the plaintiff New York) and
the other members OF the American
League by enforcing or threatening to
enforce against the baseball clubs or
The umpires of said league any penalties
Tor participation In the games wherein
SAID Mays is player. on the ground of
MS alleged suspension, or otherwise ;
and from suspending or threatening to
suspend said Mays as a player of the
american League on account of any al
legged misconduct of said Mays, &C.
Make Sworn Statement.
The club got it's injunction from Jus
uce Luce largely on the strengths of
aihdavits submitted by Mays. Harry
Frazee and Ed Barrow. president and
manager respectively of the Boston
Americans, which traded the pitcher to
the Yankees. The affidavits all tend to
show that Mays did nothing on the ,Bos-
ION club to warrant anything like an in
definite suspension or a suspension for
the season and that the player had re-
turned to Frazee after leaving the club
and that Frazee had given him a chance
10 select the team to which he preferred
being traded The affidavit of Mays fol-
lows
When the Boston team was In Chi
oago went to Pennsylvania because
o. trouble In my personal affairs. Man
ager Barrow sent me telegram in
regard to my return. telegraphed him
IN eject That I could pitch with my
arm but rat could not pitch with
my heart and soul, which every person
cas- got to do IL he pitches winning
games. l then received n tclLgram from
mr. Frazee requesting me 10 meet MIN
"a New York did 20. ana explained
~ hi'h at length the reason, purely per-
.ohai to myself. that had necessitated
ny gong TO Pennsylvania. lie was sat :.
nled with my explanation. He then
asked me IL desired TO cnnt,nu, with
,he Boston club; that would lose moth
ing oy 1t; that my salary would be
paiu and that they wanted mo I stated
mat l did not think 1 could give them
my best services.
ne then stated that he could assign
ne 70 any club in the league that I
wanted to go to. / told him that I
preferred the New York club. He then
stSled he would be glad to assign me
mat club. He did 50, writing out
me assignment upon my contract and
SSeHVering 1t to the New York club. /
rraye at no time received from the New
Iurk or the Boston club, or from any
one any notice of the termination of
my cntract or of my suspensin under
.nat contract My business is that of
paying baseball have made my living
~ means OF IT, II is my livlihood. l
nave no other business or profession.
hu'e had no trial or hearing OF any kind,
Or opportunity even of finding out the
oasis OF this threa toned action against
me which would deprive me OF my means
OF livelihood"
Navin's ThFeat RidiouIsd.
The New York Americans yesterday
woN cognlzance OF the interview given
wv by Frank Navln. president OF the
DeroH club, in which he suggested