The Washington times., 1919-09-06
FIGHT TOEND
AGAINST CAR
BAN JOHNSON

NEW YORK, Sept. SITS war to
the hilt between Col. Jacob Rupert
and Col. T. L. Huston, owners of the
New York Aremican League Baseball
Club, and Ban Johnson, president of
the American League-war to the
hilt unless somebody recedes from
his position.
Last night and following close
after the legal proceedings in the
Mays case-the hearing to make per-
manent the injunction restraining
johnson from interfering with the
Yankee pitcher-the New York club
owners issued a statement in which
they made it clear they were in this
thing to a finish and that their fight
against the pespotic action OF Ban
johnson and his like will not cease
with the ending Of this litigation"
The statement Of Messrs Rupert
and Huston, terse and tart, was as
follows:
Those who were fortunate enough
TO be present at the hearing of the in
junction proceedings in the Carl Mays
case today before Supreme Court Jus
tice Robert Wagner. understand now
why we agreed with the boastful
statement sent out by Ban Johnson
that there would be no compromise
Of this case.
Expect ~NO COmprOmise.7
There will Be no compromise. and
our efforts not only to cleanse base
ball Of domineering and Unsports-
manlike and indefensibIe actics, but
also to throw around the property
interests Of the several clubs OF the
American League the solemn protec-
tion Of the law against the -despotio
action OF Ban Johnson, or his like,
viii not cease with the ending Of this
litigation.
1--WE feel naturally gratifed at the
progress Of the, proceedings, and our
expectation is that all the clubs Of our
league will support our efforts in
these two directions, now that they
are beginning to have a realization Of
the peril Of their property rights un-
der the present regime"
After listening to Joseph F. Auer
bach and Childs II. TUttle, counsel
for the New York club, for two hours
and a half yesterday afternoon, JUS
tice Wagner adjourned the injunction
proceedings until next Monday when
Stephen Baldwin, counsel for John
attorneys for the New York club.
Although there were three motions
on the calendar only one was argued
yesterday, the one to make permanent
the temporary injunction preventing
Johnson from interfering with Mays,
or in any way interfering with the
games scheduled to be played by the
New York club while Mays acts as
pitcher.
Recites Mays Troubles.
Attorney Auerbach recited Mays
troubles, beginning with the burning
Of his home in Pennsylvania, which
was prior to the 18th, the day he left
the Boston club. After being struck
on the neck by a thrown ball, Mays
left the club. went to oBston and,
after talking with President Frazec,
was permitted TO go to his home, ex-
planned Auerbach.
Auerback added that Mays was sus-
pended without a hearing and with
out authority by Johnson. He con-
tended that a square deal in any club
or organization requires notice or
trial and that there must be not ar
bitrary suspension or expulsion Ac-
cording to Mr.. Auerbach, the consti-
tutien and bylaws should contain
provision for notice OF trial before sus-
pension or expulsion.
II the constitution and bylaws do
not contain such provision the court
as q chancellor in equity should read
It in, it was argued. Continuing,
Auerbach said Johnson had become so
insolent in his actions that he had
given himself a constitution for him
self and was the sole judge Of its
provisions and the sole administrator
Of them.
Calls Umpires SCreatures.o
He asserted johnson as president
hires, fires and pays the umpire, and
Eome OF them are his creatures. He
ihtimated that Umpire Hildebrand,
who was the judge of the game on
July 10, did not report in full the /
circumstances OF Mays injury when |
he notified Johnson that Mays had |
quit the game at the end OF the sec |
ond inning.
In suspending Mays, said Auerbach, |
johnson had exercised unauthorized /
power and had assumed a dictator |
ship. In fact, he added, johnson an
nounces to the public: Il am the |
great moguL" johnson has had a /
good education and his actions i'll
lustrate the words Of the Immortal |
- am Sir Oracle, and when open /
my mouth let no dog bark"
Auerbach declared johnson had be-
come possessed Of that arrogance Of |
effice which comes to men Of despotic |
minds who have dealings with men
under them
johnson has been served with a
court order requiring that he shall
produce Monday all the correspond
ence he has in relation to the Mays
case. In particular, the Yankees at
torney wants a letter, said to have
been written by Johnson TO Umpire
asking that the umpire
sound the Boston players about the
Nays case.
WOULD MEET TEAMS.
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