Clipping:Wiman enjoins the AA
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| Date | Wednesday, December 16, 1885 |
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| Text | ...It appears the Mr. Williams, after his momentary pause at the door of the meeting room, hied himself to the law office of Messrs. Wagner and Cooper. These limbs of the law had been consulted the previous evening, had procured a copy of the Association's constitution, and labored earnestly through the night in preparing a bill in equity to restrain the Association of consummating the action of expulsion. On Wednesday morning, bright and early, the lawyers appeared before Judge Arnold in Common Please Court No. 4, with petition for an injunction on the ground set forth as follows: The bill was filed in the name of the Metropolitan Base Ball Association—Erastus Wiman, president; Geo. F. Williams, secretary, and J. H. Gifford, manager—against Lew Simmons, William Sharsig, Charles H. Byrne, William Barnie, William A. Nimick, H. B. Phillips, Chris. Von der Ahe, Zah. Phelps, James A. Hart, George L. Herancourt, O. P. Caylor and H D. McKnight. The bill is quite lengthy, and quotes extensively from the constitution by which the American Association is governed. It avers that Messrs. Williams and Gifford came to this city on Tuesday as representatives of the Metropolitan Club to attend the annual meeting which was to take place Wednesday. Shortly after their arrival they were served with a notice that at a special meeting of the Association the membership of the Metropolitan Club was forfeited and conferred upon the National Club, of Washington. It declares that the constitution contains no provision for special meetings; that no notice of the proposed action was given to the plaintiffs; that the meeting was entirely illegal and its action void. The plaintiffs claim that their club cannot be deprived of membership except by expulsion for certain specified causes, none of which have ever been alleged against them. The requirements of notice and trial when such charges are preferred have been neglected. The bill avers further that the admission of the National Club is without authority and in fraud of the plaintiffs' rights; that the Metropolitan Club has made expensive arrangements for the fifty games which it expected to have played upon its grounds during the coming season, and that the action of the defendants, if sanctioned by the Court, will work irreparable injury. They, therefore, make the following prayers for relief, all of which are granted, for the time being, by the preliminary injunction allowed by Judge Arnold: First, an injunction restraining the defendants from holding any meetings without the presence and recognition of the plaintiffs, Williams and Gifford, as representatives of the Metropolitan Club, and their full participation in the proceedings. Second, an injunction restraining the admission of the National Club, of Washington, into membership in the American Association, or the grant to that club of any of the rights and privileges of a member of the Association. Third, an injunction restraining McKnight, or his successor as president of the Association, from appointing any committee to prepare a schedule of championship games for the season of 1886, until the rights of the plaintiffs are determined by the court. Fourth, an injunction restraining the defendants from making or publishing any schedule under the name of the American Association of Base Ball Clubs without the consent of the plaintiffs, or without giving in said scheme to the Metropolitan Club the full assignment of games with the other clubs in the Association. Judge Arnold granted a preliminary injunction in all of the prayers and the counsel secured the necessary papers, which were given into the hands of Clerk Sol. W. May, of the sheriff's office, who served them on the Association just as it had practically finished up its business. Of course the Association at once adjourned and secured the services of P. R. Rothermel, Esq., the counsel of the Athletic Club. The Sporting Life December 16, 1885 [See also same issue for the hearing and preliminary injunction.] |
| Source | Sporting Life |
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| Submitted by | Richard Hershberger |
| Origin | Initial Hershberger Clippings |
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