New-York tribune., 1919-10-30

protest of Frank c. Navin, of the Z
The order holding up the monHv Of
the Yanks is signed by August Herr
mann and John Heydler. of the Ma
tional Commission. The name Of B. B..
Johnson, the third member Of the COM
mission, does not appear in the decree.
The order is issued in apparent de-
fiance Of the decision of Justice Robert
Wagner. of the New York Supreme
Court. who made permanent the in
junction prohibiting Ban Johnson from
interfering with Carl Mays as a men,
Der of the Yankee pitching staff.
Each member Of the Yankees has
coming something like $500 W icH is
the third pace allotment Of the world
series money. The Withholding Of this
dough at this tine may mean empty
stockings this Christmas for the little
Home Run Bakers and the little Derrill
Traits. 1t also means that Ban john
son, the self-styled Car of Organized
Baseball, is determined to persist in
his ru.e-or-ruin policy until he is
ousted or shorn of his power to injure
the American League.
Bitterness Is Intensified
This ruling will serve to intensity
the bitterness which is promised when
the magnates get together this winter.
Colonels Rupert and Huston. owners
of the Yankees, have accepted the gage
Of battle thrown down by the Gar ana
backed by Harry H. Frazee. owner of
the Boston Red Sox. and Charles Com
iskey, owner of the White Sox. will
johnson if it takes al! winter
Colone Rupert and Huston declare
that the decision OF Justice Wagner
clearly indicated that Johnson had no
authority to interfere in the Mays mat
ter, and that it also clearly indl-
Gated that there cou d be no questlon
as to the eligibility of Mays as Yam
kee; consequently, no quest on as to
the final standing of the Yankees.
The sta ,ey ent of the two colonies. in
part, follows:
"The whole text of Judge Wagner's
decision firml estab ishes the attitude
we were forced to take when we left
interview with President Johnson,
where we had gone in an effort to in
duce the league president to withdraw
his autocratic uhase relative to Mays.
Our fight has not been for Mays alone.
but to safeguard the vested and prop
er rights of the individual club owner
against the continual encroachment on
club rights by the president, who has
that he has taken unto himself.
1--WE believe tha. ...e e,ro vii
bear us out and that our fight will be
recognized as the means Of bringing
about the betterment of the whole
league; for we do not believe. as Mr
Johnson's baseball or~an would have
us believe, that without Mr.. Johnson's
guiding hand the game could not long
endrrc. Nold fac+9 of Mr. Johns n's
stewardship of the last two years
arise to contr vert tn
"Outside of Civic Law"
participating a decision against the
autocratic methods Of the league presi.
dent his baseball news organ has al
ready taken the stand that baseball is
pale Of our civil law. and that any
matter of course. be decided against
the practices based upon and sane
toned by baseball law.
"In the light of Judge Wagner's de
cision, however, this point loses a
force. for the judge had no recourse
whatever t. the civil code, but applied
the established rules of construction
to the leagues own constitution, by
lays and playing rules, and upon these
and these alone, he based his decision
"In our opinion the decision definite
II clears up also, the question raised
by Mr. Navin's protesting the Yam
KEGS right to the third r!ace in the
American League pennant race, in con
sequence of which the payment Of th'
world series money due the New Yorl
players is being withheld.
THE judges language in this con
nection is capable Of no misintcrpreta
tion:
"Inasmuch as the leading clubs 0.
the league and their pla ers are en-
titled at the end Of the season TO Ger
tain rights and privileges which are
unquestionably TO be deemed property
rights this interference with an in
dividual player would confuse and pos
sibly destroy the rights of the respec
tive clubs and their players for the
validity of the rames in which May!
.xx;c;no+.J ,r;1,b+ ho c,aat;oral,