New-York tribune., 1920-01-31

of the Supreme Court IN the inOrn.N
Huston, won another argument over
Cleveland American League clubs
tion proceedings. In the Afternoon
pitcher Herbert Thormahlen to 19-
The Appellate Division subs.antiated
an injunction granted by Justice Robert
Wagner of the Supreme Court to the
New York American League Baseball
Club restraining Presidenr Ban John
aon of the American League from in
terfering with Pitcher Carl Mavs's full
filing those contract rights bought
from the tos,on Red Sox by the
Yankee club owners. That is. the Ap-
pellate Division declined to vacate the
preliminary injunction pending the cut
come Of the trial of the case.
A Unanimous Opinion
The justices of the appellate Divi-
sion who sat in the case and who
acted unanimously were: John Proc
tor Clark, presiding justice, and AS
sociate Justices Victor j Bowling,
Walter Lloyd Smith, Alfred r. Page
and Eugene A. philbin. IN briei
opinion the court set forth It's view OF
the case as follows:
There is sharp conflict in the
statements Of -. in th- AL ldaVl'S
Which we're presented upon the notion
for the Injunction pendente lite. the
case is in position TO be tried, so
that the witnesses may be examined
md cross eXanlned and evidence ad-
duced which will enable the court to
definitely determine facts and huaAy
dispose of the question Of the 2ropriety
Of an injunc .on III the action.
"The continuance of the injunction
until the trial at this season Of the
year cannot prejudice any OF the
parties Therefore, without expressing
any opinion on the merits we have
decided to affirm this orGer-the order
Of Supreme Court Justice Robert r.
Wagner granting preliminary IN
junction without costs but leave to
the defendants TO move TO vacate the
temporary injunction If the piaintiH
shall not promptly move the case for
trial"
TIE last part of the opinion efers
indirectly to statement made las;
week at the hearing before tie Appel-
late Court by Charles H. Tuttle. o.
counsel FOR the New Y 'rk Americans
TO the erec. that there was no reason
that he cou d sec NY the SUIT br9 ught
by his client could nor be tried and
disposed Of before the summer mont 5
On that occasion the court withheld
the judgment that WAS handed down
YES 70 ~,av '-'0~Oi~g g.
Charles H. Tuttle. Of Yankee counsel,
declared after he nd been informed Of
the ruling Of the Appetite Division that
he considered it q body bow to the
cause of BIN johnson and his two sun
,t! k..
Yankee ov rs nd been most anxious
all along to have the case tried as
speedily as possible.
Wish rmed ate Trial
The legal talent of Coloneis Rupert
and Huston have been instructed to
gaove Immediately for trial, so that. il
possible the case may be called before
the big baseball conference in Chicago
the week after next. In any event, 1t
is hoped the next legal battle viii have
been pitched before the teams leave for
lhc South.
Colonel Huston declared yesterday y
that he was prepared, after hls vaca-
zion of several weeks, to devote his en-
~eire attention TO the Mays trial. Tie
did not know whether he and his revolu-
tionarv associates would attend the ad
journed American League meeting n
Chicago. bu, ne did say that ColoNe
Rupert, Harry Fraz.e Charles a
Com:skey and himself would be on hano
for the Joint meeting with the Nutiona
League in the Windy City.
To Manager Huggins, personally, th'
signing OF Thormah n WAS even d more
welcome development than the new
angle 20 the NJ - case, though he car
use May to good advantage in 1920. s'
lar as that goes.
Thormahlen came TO town nt the in
vitation of Huggins, and after being
c.ose,ed sfcr' time with the mite man
agcr subscribed TO tho 1920 papers
Thormahlen declared his health had beer
better this winter .h4n for sever
years He has taken on lot Of goo(
weight and has already begun q cours
Of outdoor raining, 90 as to have hi
arm right 10y the time he reports II
Jacksonville, Fla.
Thormahlen is one of Huegins'
greatest prospective assets Of the bo
for the coming year. In his first SEA
son, that OF 1913, Thormahien proved
real sensation. though before the ct
of the campaign he quit the d.amon
Tor war duties. Last year, though h
was long incspacitated by an injure
hand. Thormahlcn again proved one c
.he most depend bic Of Yankee pitcher
He won thirteen games and lost on,
eight Tnorrn@hien Is d left-handcr, an
ss such doubiy valuable IN leagu
the sluggers @, which almost all h
from the near side OF the plate.