New-York tribune., 1919-09-24
Chief
Acted to Suit
{
Own Interests
sMays's Suspension Inspired
by Personal Motives:
Liken Ban to a Behemotll

That Ban Johnson, president of the
Cleveland Indians and former owner
of he Boston Red Soxs, is sort of
baseball behemoth, waving his tail like
a cedar, is one Of the allegations made
by the Yankee legal staff in a brief
filed yesterday. The brief was filed in
connection with the controversy over
Carl Mays. the pitcher obtained by the
Yankees from the Boston Red SoN, who
was arbitrarily suspended by Johnson.
The brief refers to the portrayal Of
johnson by his attorney, Stephen Bald
win. as a sort of supcr-umpire, whose
police power. extending far beyond the
horizon of the baseball neId, compre
hended the whole planetary system of
the eight clubs.
The brief says in this connection:
"Mr. Baldwins portrayal Of his client
was-and necessarily was--that of a
sort of baseball behcmoth, of whom
it might we'll be said in the words OF
Job:
Lo. his strength is IN his loins
And his force is IN the muscles Of his
belly.
He moceth his tail ike cedor
TIE siaews Of has thighs are Knit to-
gether
His bones ere as tubes Of brass;
His limbs arc Ike bars of iron,
He is chief Of the tcays Of God.
May Condemn Action
nc brief asks that the temporary
injunction granted by Justice Luce be
made permanent and that Johnson's
arbitrary action i: suspending Mays be
given judicial condemnation. The brief
charges that the suspension was in
spired by personal motives and lays
stress on the admission of Johnson
during the examination that there was
some feeling existing between himself
and Harry H. Frazee, present owner
of the Boston Red Sox, which formerly
were owned by Johnson.
1t is also argued that Johnson is
heavily interested at present in the
Cleveland baseball club and that while
the Cleveland club was negotiating for
the services Of Mays Johnson took no
action hut waited, until Mays was pur-
chased by the Yankees. who were then
competing with Johnson's club in the
ncnnant race.
The brief announces the intention
of Comiskey. Rupert Huston and
Frazee to resist the further despotism
of the baseball octopus, after quoting
John Phlpot Curran, to the effect
tHde ~ iS lUc COIillOil lNIo VI IHc III
dolent to see their rights become
prey to the active"
Plan to Annoy Octopus
To show that the "Big Three" clubs
will be active at the flank of the
octopus from now on. the brief says:
This sentiment is both the reason
end the text Of this suit. 1t expresses
the determination of the three largest
and wealthlest clubs in the American
League to resist this fresh encroach-
ment which. if it succeeds, would def
nitely place their properties, their
regulations and their liberties at the
mercy of one man, who, not by acci-
dent, has come to be known as the
czar of baseball"
The brief denounces the practice of
using umpires as gumshoe men to dig
up scandal for Johnson. 1t refers to
Johnsons order to Umpire Hildebrand
to listen at the bench and dugouts for
gossip concerning the Mays case.
Legally, the brief maintained. johnson
had no power under the league consti-
tuition to suspend Mays. Jurisdiction
IN the case rested solely with the Bos-
ton club.
The case is now under adyiscment by
Justice Wagner, of the Supreme Court.
The decision may affect the worlds
series, if it should be against the
Yankee owners, especially if Chicago
should lead the Cleveland Indians by
only a slight margin. Johnson could
throw out the games in which Mays
pitched, and such action would put the
club in which Ban is stockhoder at
the head of the league