Clipping:Expanding the Mullane injunction to Cincinnati
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| Date | Saturday, May 10, 1884 |
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| Text | Mr. H. V. Lucas, President of the St. Louis Union Club, will push the injunction he began against Tony Mullane, the contract-breaker, the other day in St. Louis to the bitter end. He will endeavor to make the injunction perpetual, and restrain Mullane from touching a base-ball in St. Louis or elsewhere this season as a member of any club except the St. Louis Unions. Legal talent has been engaged in this city to look after the deserter during the stay of the club here, and if Mullane attempts to pitch he will be promptly served with a notice of an injunction. Mr. Lucas last night telegraphed that his lawyer, Mr. Pattison, of St. Louis, would be here this morning. He, in conjunction with Messrs. Paxton & Warrington, of this city, will have charge of the case. Mr. Lucas is in earnest, and will endeavor to make Mullane feel that it does not pay to act dishonorably, no matter if he is aided and abetted in his dishonorable course by the officials of a reputable base-ball organization. If Mr. Lucas is successful in his undertaking, as there is every reason to believe he will be, the Mullane case will serve as a wholesome example to the disreputable ball-players with which the profession is now cursed, and will stop the tendency developed recently by a few players and fostered by the older associations of playing fast and loose with their written contracts. In this connection the St. Louis Globe-Democrat says: “A lawyer, in speaking of the case, said that he had reason to believe that Mr. Lucas would institute a suit for damages against the Toledo Club for inducing Mullane to break his contract with the Union Club. This could be done under the law of master and servant, and Lucas could go into Court with a good claim for actual as well as exemplary or plenary damages. If Judge Horner permanently enjoins Mullane from playing with any other club than the Unions, and the Toledo Club still continues to harbor him, almost any lawyer would be glad to take a case against them on a contingent fee, providing, of course, that the members of the club are responsible in a financial sense.” Cincinnati Enquirer May 10, 1884 Yesterday morning Mr. Crane, an attorney from St. Louis, came here under the direction of Mr. Lucas, President of the St. Louis Unions, and in conjunction with Messrs. Paxton and Warrington, petitioned an injunction in the Common Pleas Court. Judge Conner granted a temporary restraining order, under which Mullane is enjoined from playing with, or performing any services whatever for, any club other than the St. Louis Unions, and especially with the Toledo Base-ball Club. Bond was given in the sum of $5,000. If Mullane attempts to pitch for the Toledos before this injunction suit is heard he can be arrested for contempt of Court and severely punished. It is very likely that Mr. Lucas will pursue the same course in all the cities that the Toledo Club will visit this season, and in this manner practically make the contract-breaker of no use to the club with which he is now traveling. The petition in Court recites that Tony, induced by the offer of a liberal salary and a large sum of advance money, agreed to and did enter the service of the plaintiffs for the season of 1884, for which service the petition alleges he was to receive $285.71 per month. It is also claimed in the petition that the sum of $500 was paid to Mullane, in consideration of which he signed the contract in St. Louis on the 5 th of November, 1883; also, that, in violation of the contract, Mullane has played in the Toledo Club, of the American Association. Cincinnati Enquirer May 11, 1884 A motion was made before Judge Robertson yesterday for a removal of the case of the St. Louis Athletic Association against Tony Mullane to the United States Circuit Court. The motion was granted. This was done so that it would not be necessary to get out an injunction at every place he should want to play in this State or other States included in the Judicial Circuit. Cincinnati Enquirer May 13, 1884 The motion to dissolve the injunction against Tony J. Mullane, the base-ball player, obtained by the St. Louis Athletic Association, was granted by Judge Baxter in the United States Court yesterday. Mullane signed with the St. Louis Union Base-Ball Club, but went back on his contract and signed with the American Association Club of Toledo. T he St. Louis people have since enjoined him from playing in the several cities where the club has appeared. Judge Baxter, after hearing the evidence, said that he would dissolve the injunction, give Mullane leave to withdraw his contract with the St. Louis Club, and make it a record of the Court, and would also give him leave to answer. The Judge supplemented his decision by saying that base-ball was simply a sport, not a business, was no benefit to the public, and was beneath the dignity of the Courts. Cincinnati Enquirer May 14, 1884 After the decision of Judge Baxter in the Mullane case, dissolving the temporary injunction secured by Mr. Lucas against Tony Mullane, of the Toledo Club, Mr. Lucas and his lawyers got their heads together and determined upon a different course of procedure. On the 18th Mr. Pattison, a St. Louis attorney, counsel for Mr. Lucas, appeared in Cincinnati and on the 19th, with Mr. Warrington appealed to Judge Baxter for a rehearing of the case. The application was granted and the case was again hear at considerable length, Mr. Lucas’ attorneys along attempting to convince Judge Baxter of the error of his former ruling. The matter was gone into upon the merits, and after hearing them for nearly half a day Judge Baxter against decided the case against them and refused in any way to modify the order previously made. They then sought to have the case dismissed without prejudice to their rights, or, in other words, they desire to avoid the effects of Judge Baxter’s adverse decision and are now attempting to get out of court, for the purpose of bringing suits elsewhere, thus continuing their prosecutions of Mullane. The counsel for Mullane will of course resist such a procedure, and it is believed that Judge Baxter’s decision will in effect terminate the matter. Judge Baxter’s decision in the case covers Ohio, Indiana and Kentucky, which are included in the circuit, and will serve as a precedent in other courts. The Sporting Life May 28, 1884 As the case was thrown out of court in Ohio, Messrs. Pattison & Crane, attorneys for the St. Louis Athletic association, yesterday filed a petition and bond in circuit court No. 4 for the removal of the case to the United States circuit court. If an injunction is granted by the latter court it will prohibit Mullane from playing anywhere in the United States. (St. Louis) Missouri Republican June 3, 1884 |
| Source | Cincinnati Enquirer |
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| Submitted by | Richard Hershberger |
| Origin | Initial Hershberger Clippings |
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