New-York tribune., 1919-08-07
Yankees Obtain
Injunction and
Will Use Mays
Federal Court Grants Order
to Restrain johnson From
Interfering With Club
By w. O. Mcclellan

American League Baseball Club. Su-
preme Court Justice Robert L. Luce
Yesterday granted an injunction to
Colonel Jacob Rupert and Colonel T.
straining Ban Johnson or his umpires
from forbidding Carl Mays to pitch
with the Yankees in the series with the
st. Louis Browns and the Cleveland
Indians.
This injunction gives the owners Of
the Yankees the legal right to pitch
Carl Mays to-day in either game of
Louis. Should the umpires forbid the
playing Of Mays they would be guilty
of contempt of court. This decision
was handed down late yesterday and
gives the Yankees the first skirmish in
the long legal war which, it is pre-
dicted, will end with the abdication of
Ban Johnson, elf-styled Gar of Or
ganized Baseball.
Whether or not the St. Louis and
Cleveland clubs will receive and obey
the order to boycott the Yankee team
remains to be seen. The Cleveland
club is the organization in which John
son is said to own a substantial block
of stock.
Yankees to Continue Fight
This victory of the Yankees is
temporary one. The fight to oust John
son from his power over the league
will continue. The Gear" is reported
to be in Chicago, attempting to patch
up a truce with his arch enemy, Charles
Comiskey, owner of the White Sox, and
to enlist his aid in the vendetta against
Colonels Rupert and Huston.
The owners of the Yanks declined to
state whether or not they would pitch
Mays in one of the games to be played
to-day or save him until the advent of
the Cleveland club, which will follow
St. Louis at the Polo Grounds. 1t is
probable, though, that Mays will be
started to-day, weather permitting.
This means that it is war to a finish.
The American League is now in court,
Johnson escaping the consequences of
his attempt to injure the New York
club by resembling his proclamation of
banishment against Mays.
The injunction was granted on the
showing made in affidavits from Carl
Mays, the pitcher in dispute; Ed Bar
row, manager of the Red Sox, and
Harry II. Frazee, owner of the Boston
club.
Rupert Calls Meeting
Colonel Rupert, president of the
New York American League club, last
night issued call to the owners of
clubs in the American League to meet
at the Bitmore next Monday to dis
cuss the legal aspects of the case. The
call for the meeting was sent by wire
last night. Ban Johnson also was in
vited to appear at the meeting.
The wording of the call is as follows:
"Under compulsion of the action
of the president of the American
League as to the Mays controversy,
we have, under the advice of counsel,
been obliged to initiate legal pro-
ceedings to enjoin him, or any club
Influenced by his. threats, from doing
acts to the irreparable injury of our
organization and yours as we'll, when
the occasion should arise in your
case. Now that the proceedings have
been begun, we desire to meet you
in the most friendly spirit, and ac-
cordingly invite you, as we have in
vited the other clubs of the Ameri-
can League, to discuss the subject
fully with US at the Hotel Biltmore
on August ii, in order to lay before
you information which will make it
abundanty clear to you that our ac-
ton was essential for the protection
of our respective interests in our
several club organizations, and for
the welfare of baseball. We have
likewise invited the president of the
American League to be present at
oNSA iiCCtlilS. INlluly ItQlS.
Outlines Yankee, Position
After the call for the meeting had
been sent out Colonel Rupert issued
position of the owners of the Yankees:
"The issues that have compelled
us to take this action are vital to
the future of baseball, and have
arisen and are bound to arise so
often that they must be settled at
once in the interest of the property
rights of the clubs, the personal
rights of the respective clubs and of
fair play to the players themselves.
The action of the president of the
league in suspending a player in
violation of the American principle
of fair hearing and of overruling
without notice the decision of the
Boston club that the player had done
nothing amss, makes the issue un-
avoidable.
I'VE have sought in vain to avoid
court action by laying the facts be-
fore the president, and we now trust
that by the meeting we have called
further litigatoi. may be avoided.
If, however, our expectation in this
respect is disappointed we propose
to defend what we believe to be the
essential interests of this great sport
by insisting on principles which we
consider fundamental In this cOun-
try.
I'VE are confident that the public
will understand and support the
action we are taking and will well
come every sincere effort to rid the
sport of arbitrary action detrimental
to the interest of the clubs and
players"
What the reply of the other owners
of the league viii be remains to be
seen. The wording of the call is fair
enough. Frazee and Comiskey certain
ly will come. The others, now that
the league is in jeopardy. may feel
that it is to their interests to come
and settle once and for all on sane
policy for their league and for organ
lied baseball.
But to a man on the fence it would
seem that Colonel Rupert has a grim
sense of humor when he says that the
invitation to Ban johnson is sent in
the friendliest spirit.
Ex-Yankee to Manage Team