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MULLANE’S VICTORY.jjjfcttf Kick a the Lucas iBjueetion Suit Out of Court,AS NOT WORTHY OF CONSIDERATION.IUln Vc«t«rday Prevented All W*it«r*Garae*~Itt the E»»tt However, the Sport Went On Boston, Providence and New York Continue to Win—T^e Rvansvlllee end Reserves Te*Iay — Nstes and An*iioui:cements, F*The Evansville lesm. in charge of Ifenager Chaa. M. Lord snd Secretary Claude De Bruler, of theBvansville Jonrnah arrived yesterday morning, but were prevented from meeting the Beserves by the heavy rain which fell from noon till evening. They will p 1«* their first game this afternoon at the Cincinnati grounds. Clemm, Mart and Bettman, of the Visitor?, are all Cincinnati boys, and will meet with s warm welcome. Game begins at 8 o’clock.MULL^NE WHIPS LUCAS.The Commercial Gazette has steadfastly and pewsistently held that the- Lueas-Cnion-wreckers had no case at equity or in law against Touy Mullane, and that if they brought it to trial they would be speedily routed. We gave an epitome of the facts in the case Sunday. Yesterday we noted the removal of the ease to the U. S. Court, and predicted that Judge Haxter would speedily and promptly kick the Lucas persecutors out of court ThisHis Honor did yesterday forenoon in about teu minutes. The case came up In chambers on* a motion by Mnllane’s attorneys to dissolve the temporary injunction granted Saturday by the Court ofCommon 1 leas. Lucas’attorneys, Pattison lt;fc Crane, siid I‘axton lt;fc Warrington, entered the plea thatthe defendants had not yet filed their answer. The defendant by bis attorneys. Brown lt;i Geddes, of Toledo, ami l oraker A Black, or Cincinnati, said they had their answer reacty to file. His Honor, however, saidhe had read the plaintiff's petition, and that was enough He did not carato see anv further pleadingsin the case. There was nothing in the plaintiff ’s case to entitleJt to a hearing in «, respectable equity. * he plaintiffs, by their own admission, were unable to employ or use the services of Mullane, aud yet ask that he be enjoined from earning a livelihood anywhere else. The court would not for a moment heed such a plea. Mullane should go and plav base ball wherever he desired. The full official t of His Honor’s decision is as follows:‘•1 see no good ground for continuing this case further hearing. It is true it has just been removed to this court, ft is also true that tne statute does not require the record to be filed in this c first day of the ensuing term, but the practice is—at least I have so held in a number of instances, andouter Judges liave so held—that the case is in.....court from the moment of its removal, and that a motion may be at once entertained and considered here. If we were to hold that there could It® no further proceeding had in the case after its removal until the copy of the record should be filed here, the practical result would be to tie up the case until the next term of court to wliich the case is removed, whichmight operatfejoppressively. The motion is therefore properly before the court, and my that it is unnecessary to wait for counsel to produce affidavits irom St. Louis or any other place, for the simple reason that, taking the allegations of this biil to bo true there is no case presented that warrants the court to interpose the extraordinary rei writ of irjunction.“This ‘s a controversy between a baseand a baa ball player, growing out of at. „__contract of employment, to enjoin the player from making lia living by liis rather polite occupation.It is not a cose that ■§'equity. :“The writ of injunction is a writ to be granted bythe court in the exercise of a sound judicial discretion. I lt;ii not feel called upon to exercise it in thiscase. My judgment la, taking the facta to be true as alleged in the complainant’s bill, there is no case made out. and can not be made out of such facts warrant in? equitable interference. The restraining order heretofore allowed by the Common Pleas Court of Hamilton County, O., is therefore dissolved. gjpclflP. 5* IJudge Baxter is one of the most respected and influential Federal Circuit Judges in the United States.His decision above is a res adjtidicnta, and is final. It w ill ire leapeoted in every other court in the laud.If Lucas should be foolish enough to apply for an Injunction in any other city, Mullane need only file a transcript of toe case in tlplication will be promptly refused. Lveu the St.I.ouis court will be compelled to dismiss the suit over there. The wreckers walked squarely into their own trap when theY got out the injunction in the Hamilton Common Ideas, where they hoped to tie it up, and prevent a bearing lane s lawyers, havilg them self-trapped!■ gih .. „moval to the Federal Courts, where Judge Baxter happened to be sitting^ and by that court’s wellknown aversion to filibustering and delays, secured an immediate hearing Aid final settlement. After all their brag and blusterLucas and gang of wreckers are whipped, horse, febtand dragoons. Mullane will hereafter play withyhe Toledos, beginningus en|s the last sanation and only remainingadvertisement of this infamous, lying, revengeful organization, which has usAl every effort in its Power to harm reputable and esablished base ball in theUnited ::.tes.. They richlideserve are receiving everywhere nom base ball patrons.*,. .//NOTES. ‘—Henry V. Lucus; Who Arcw that brick?—Beagle will pitch agninlt the Evansvilles to-day.—The rain yesterdiy w4 general throughout theWest. 7 9—“Who is this Judge Baxter, anyhow?’'—lH. V.Lucus. S’ f ,T—Tony Mullane lek yesterday for Toledo, feelinghappy as a bug in a bg. \ • , *
Newspaper Details
Cincinnati Commercial Gazette
Cincinnati, Ohio, US
Wed, May 14, 1884
Page 3
Full Page
Clipped by
Raymond B.
RI, USA 25 Apr 2020
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