New-York tribune., 1919-09-09

Justice Wagner
To MakeRul;n.
Within a Weeff [
Colonels Huston and Ba,
pert Still Lead Fan JOIN.
son in injunction c.,
By W. O. McGesbar

before Supreme Court. Justice "ps;l'' %;
Wagner on the motion to show "SFS
why Ban Johnson, president ~ sa::
American League and part ouyns Z.
the Cleveland Baseball Club sL
not be permanently restrained f-oa onO.
terfering with Nays. AVN Z
Attorney Stephen Baldwin
senting the crushed Car OF orvsr!. ssp''
baseball, likened the haunted heyn,;.s sT..s', !
the Holland House TO killed kn;rs.. ( (
the land oi cakes and heather o. :
stands like Rnodericb Dhu Of ola ~ y
clared Attorney Paldwin. for tbs ~ y
fare % the great national pastima
To some CT the eloquent cnnn,.>
auditors the comparison seemed !.
obscure. 40 ore present had avsr ~. "
Johnson us;n~ ne Rhoderjci ~ ~
brand o. Scotch, j. being one of - 4
less poDu.ar macs.
Counscl then fitted hy the rbe.or..
aeropianc 10 fhe Roman Senate m ,.<
A fall out OF Charles Comiskev ou-. s~
Of the Chicago White Sox, WHOSE -
davit in this case declares that Jos,
sons rule IS detrimental 70 the h..
interests of the American Lea.
This man whom they call the nobf.'
| Roman of them all leads NE to 81
'Et tn Brute" He declared that Co.
iskey's intention was TO murder h,
old time friend.
Ruling on Next Tuesday
Attorney Auerbach wound I'd for ..
two Colonels. Rupert and Huston. :.
was then decided that all affidav.s an;
briefs in the case should be submits.
by next Tuesday, after which Jus,j,.
Wagner will make a ruling.
Returns from the Official scorer q
the innings played by the legal team,
to date are not yet forthcoming. II:
two colonels believe that they are lead
ing by about ten affidavits. unless Ii,
official scorer should rule out coup;
Of them on the ground that they ws.
out of bounds.
Attorney Baldwin pictured Johns.
as the savior Of baseball.
There in that obscure corner" !.
declared, "sits the man who has MAD
the game so clean that now on tn
Sabbath Day we say 70 our childrsr
go to the baseball game if you mus
instead of to the Sunday school,
This directed attention to TIE crushst
czar who has been hunting the mos
secluded corners of the various cour
rooms into which he mas been led daI
after day. 1t was the first time thu
the credit" for Sunday baseball hs.
even been claimed for johnson. It w,
generally understood that it belong.
to Judge McQuade. A banquet vsi
given some time back to impress thi
fact upon the world az large.
They call him Ban continued A.
torney Baldwin. well, LET tnat b.
He was called Bancroft, after the gres'
historian who stuck to facts No rel.
erence was made to the crushed cars
middle name OF Byron and what that
might imply.
Counsel took fall out of COlors
Tillinghast L'Hommedieu Huston, par
owner Of the Yanks.
Colonel Ruppert has ASSOCIATED With
him Captain Huston, q beiligerent a
warlike gentleman" A little later the
attorney promoted Huston 10 major,
but refused all through the argumea:
to give him the full title of Lieutenant
colonel, which was bestowed upon hin
by General j. j. Pershing.
When he heard himself called 4
belligerent Colonel Huston tried %
look the part and click his heels 10
gether, but owing to treachar
corn he was unable to present a prOpei
picture Of the soldier-magnate ws'
stood at Cuba, Tonnes Hill and ti'
Second Battle OF the Narne.
During the argument for the crushs'
ear there was d gentle dripping. ia
moment it sounded like tears. ard
there were little pools OF water on th'
floor. Counsel's appeal for Johnse'
was full Of pathos. but it was not la'
appea, that caused the moisture. LIZ
attorney had warmed 10 his work 50
well that he perspired in little rivu!es
Attorney Baldwin attempted to ei,
plain away the ownership Of sos9V
worth of Cleveland Club stock By
showing that it was loan made %
Charles Somers by Johnson througi
the bigness OF his heart to help tn:
former owner of the Cleveland Claa
He implied that the other masnates
including Colonel Ruppert and Col0Hel
Huston. had refused to come to the aia
OF Somers. This was entirely contrs'
dictory 80 the affidavit Of ComisAe''
who swore that the shares when ne
and johnson bought were purchaser
outright.
Repudiated by Rupert
In regard to this meeting COlOneI
Jacob Rupert issued tie following
statement:
At the league meeting in Clevelana
called TO consider the affairs OF Inc
American League OF that city and re-
terred 10 in Mr. Johas9As arldaYl''
Paragraph 33, folios -. s5, IS, g. 10
the best OF my memory the question
Of subscribing to fund to tide over
the affairs OF the club was cut shons
had charge Of Mr.. Somerss s ahaii'
that it Would be futile TO he P III.
Somers out with loan, but tnat III
justice 10 Mr.. Somers's other intef
est he must use the value OF the c!up
to save his larger interest and mus 1S
devote his entire time thereto lnS
bankers statement was positive anu
left nothing to debate. Mr. JohnSO"
announced that there would De ~
trouble securing purchasers IN cieseI
land for the club, and mehuoheu
Price Mckinney and associates a.
prospective purchasers r..
Attorney Auerbach, winding up ~. W.
the two colonels, referred 10 rema,ss
made by opos:ng counsel, "Rupper' a,.
Huston have not brought this nials'
to dungh!ll, as Mr. Baldwin has crs, Ts,
tended, but TO court of justice. nS Ia
only defence which my learned lrleas
has offered is that Johnson has comm
ted these offences so long without w
position that he has laid the founda''0a
tor immunity" T..
A court attendant solicitous for Nv ~,
welfare Of Colonel 7. L. Huston =. =,
tempted to usher him 10 a char pes'1li
Johnson. The hero CT The Ses.s55
Marne, Cuba and TONES Hill Insis,r. :,I.,r
upon another position for his artii'e'''
erEnonf Selects COaeh
\ 4 1,