New Britain herald., 1919-09-24
% @ S ae a 'S sRS M E
YANKEES OWNERS
 FILE FINAL BRIEF
Justice Wagner Receives Last Document in Pitcher Mays Case

New York, Sept, 24-When a decision in the Carl Mays case will be handed down by Justice Robert F. Wagner is still a matter of doubt. l The general impression had prevailed that all of the briefs, affidavits, letters, telegrams and other documents in the case had been submitted last week, but it was announced at the head quarters of the New York American League club yesterday that it's brief had just been filed by Messrs Fitch and Grant signed by Joseph Aure- bach and Charles H. Futile of coun- sel for the club.
 The brief, comparing faVora bly, with most of the documents that have been filed in the injunction case, is somewhat lengthy. It is in connec- ton with the suit of the club against Byron B. Johnson, president of the American league growing out of. the Mays incident and asks that, the pre- liminary injunction, which was grant ed by Justice Luce on August 6, be continued. It goes into detail in re- viewing all the evidence that was
 
 case before Justice Wagner and the examination of Johnson before Ref cree George J. Gillespie.
 The brief filed by the Yankees does not mince words in condemning Johnson for the stand he took in the case, and points out that Harry H. Frazee, president of the Red SoX, with which club Carl Mays was af- filiated when the alleged breach of contract was committed found no reason to suspend or otherwise punish the pitcher.
 The fact that Johnson was more or less heavily interested in the Cleve- land club is not overlooked. It is also asserted that the Indians were among the clubs that were bidding for the services of Mays, It is con- tended that the president of the league took no action until it became evident that the Yankees had suc- ceeded in acquiring the services of Mays
 The announcem from the clubs headquarters further states that the brief contends that a determined eff fort was made to prevent the Bos- ton club from selling his contract" The brief further denounces the use of American league #umpires to furnish him with information regarding the action of players, especially when that action is alleged to have been com mitted off the playing field
 Those who have followed the case closely will recall that among the evidence submitted by Johnson in support of his stand was an affidavit filed by George Hildebrand, the um- pire who was in charge at Chicago when Mays left the field and sub- sequently is reported to have left the team without permission and witho the knowledge of Edward Barrow, manager of the club. Tn this affidavit Hildebrand is supposed to have fur nished Johnson with most of the evil denCe upon which he acted in sus- pending Mays.
 The first legal point made in the brief is that under the constitution of the American league the president had no power, after the Boston club had determined that Mays has not been guilty of desertion or breach of contract with it, to reverse it's action and to discipline Mays for such an alleged Offense. The brief points out that under examination before trial JoflnSon aQm1ttcd that as to the Of fense for which he had suspended Mays primary jurisdiction had de- VolVed upon the Boston club and that no action was possible until, upon making the transfer to New York. the Boston club decided in the play CTS favor; and the brief argues that the only body that could sit in iudg- ment upon the decision of the Bos- ton club was thC leagues board of directors.
 The hrier quotes the statement of John PhilOot Curran that 'it is the cOrlmOn fate of the indoleEt to see their rights become a prey to the ac- tive" and says:
 This sentim ment is both the reason and the text of this suit. It express ses the determination of the three largest and wcalthicst C,uhe in the American league to resist this fresh encrOa Chment which, if it succeeded, would indefinitely place their prop critics their reputation and their liberties at the mercy of one man who. not by accident, has come to be known as the Czar of Baseball"