Clipping:The Mullane injunction made permanent
Jump to navigation
Jump to search
 |
| Add a Clipping |
| Date | Saturday, March 21, 1885 |
|---|---|
| Text | The United States circuit court yesterday directed a decree absolute to be entered in the case of the St. Louis Athletic association vs. Tony J. Mullane, against the defendant. This ends the Mullane case, which has occupied the attention of the courts and base ball readers for nearly a year. The victory is a decided one for Mr. Lucas, but the conclusion of the litigation has been reached at too late a day to enable him to reap the full advantages of it. The suit was originally brought to the June term of the state circuit court, where Judge Horner immediately granted a temporary restraining order, forbidding Mullane to play with the Toledo club while under contract with the St. Louis Union association club. It would have been possible for the Toledo club to have had an immediate hearing of the case on its merits by filing a motion to set the restraining order aside. In fact, as we are informed, this is the usual practice. But the Toledo club and Tony refused to take this course, preferring to dodge the issue. They had the case removed to the United Stated court, and as that court was in vacation from June until September, the case could not be heard. As soon as possible Mr. Lucas’ attorneys called it up, when Tony’s attorneys withdrew from the case, the Toledo club having lost its interest in him on account of the trick he played it in signing with the Cincinnati club after the Toledos had sold him to Von der Ahe. A temporary decree against the defendant was then entered, and yesterday this was made final. In the meantime and almost immediately after the suit ws originally brought here another action was brought against Tony in Cincinnati to restrain him from playing in Ohio, the American association having three cities in that state, Toledo, Columbus and Cincinnati, where the Toledo club would have to play. The temporary injunction was granted by the state court, but the case, as in this city, was removed to the United States court, and Tony’s lawyers filed a motion to set aside the injunction against him. This, the court, Judge Baxter, at once granted, without hearing from the St. Louis Union club’s attorneys. Afterwards he consented to hear arguments on a motion to set aside his ruling, but dismissed them with the now famous ruling that “base ball was too trivial a matter to take up the time of the court.” In vain it was urged that base ball was a business in which millions of dollars were invested, that hundreds of persons made it their livelihood, that it attracted the attention of thousands of persons in every large city in the United States, and that it was every bit as respectable as any theatrical or other exhibition business. The judge, whose experience of base ball had been limited to corner-lot games, decided that the players and the clubs had no rights he was bound to respect. The case is still pending there, but it will be soon disposed of. (St. Louis) Missouri Republican March 21, 1885 A decree pro confesso having been heretofore entered in the United States Circuit Court in the case of the St. Louis Athletic Association against Tony Mullane, the temporary restraining order was made permanent today. This disables Mullane from playing with any club in this State until he has purged himself of the contempt of court with which he was charged by playing after the temporary order was granted. Chicago Tribune March 21, 1885 |
| Source | Missouri Republican |
| Tags | |
| Warning | |
| Comment | Edit with form to add a comment |
| Query | Edit with form to add a query |
| Submitted by | Richard Hershberger |
| Origin | Initial Hershberger Clippings |
Comments
<comments voting="Plus" />