{;1903 - Abram I. Elkus: The New York Yankees' First Lawyer - KENTUCKY LAW JOURNAL - C. Norman Elberfeld's Injunction (1903)
As part of the 1903 peace treaty, various players who had jumped leagues were returned to their original teams. One such player was Norman A. Elberfeld. A fiery competitor, Elberfeld, nicknamed "Kid," was one of the best shortstops
in baseball. Late in the 1902 season, he had jumped from the American League's Detroit Tigers to the Giants. After being sent back to Detroit, the Tigers in June 1903 traded him to the Yankees.Upon learning of the trade, the Giants demanded that Ban Johnson reverse it. When he refused, they marched into New York State Supreme Court and obtained a temporary injunction that prevented Elberfeld from playing for the Yankees.
At a hearing five days later, Elkus succeeded in getting the injunction lifted:
The temporary injunction obtained in the New York Supreme Court by the New York National League Club, restraining Norman Elberfeld, the short stop, from playing with the New York American League Club, was
dissolved July 15 on a stipulation among the lawyers in the case....DeLancey Nicoll appeared for the New York National Club, while Abram I. Elkus represented the New York Americans. Mr. Nicoll told Justice Samuel] Greenbaum, who heard the argument, that he was not ready to go on, as Mr. Elkus, he said, had Introduced new matter into his papers
which the Nationals were anxious to reply to. He, therefore, asked for an adjournment. Mr. Elkus opposed this, saying that Mr. Nicoll was not acting in good faith, and that the New York Americans were being deprived of Elberfeld's services every day that the injunction continued.
"I will grant you the adjournment," said Justice Greenbaum, "If you will consent that the injunction be dissolved until you are ready to be heard. As the matter now stands, I would unhesitatingly dissolve it on the argument, but I am willing to accord you the further hearing you desire." Mr. Nicoll demurred at first, but finally agreed to the Court's proposition,
and the matter went over until July 20.
Five days after the hearing, the owners of the National League gather at the Victoria Hotel in Manhattan for what turned out to be a marathon session. When they finally emerged, Elberfeld's case was over.
After the meeting adjourned President Pulliam said, "Tee sum and substance of the result of the deliberations of our League members can be told in a few words. The matter having been thoroughly and carefully considered, it is the opinion of the League that the assignment of Norman Elberfeld to New York by Detroit was not a violation or breach of the Cincinnati peace pact... The National League is desirous of maintaining peace among the organized professional baseball leagues.
https://uknowledge.uky.edu/cgi/viewcontent.cgi?article=5480&context=klj
As part of the 1903 peace treaty, various players who had jumped leagues were returned to their original teams. One such player was Norman A. Elberfeld. A fiery competitor, Elberfeld, nicknamed "Kid," was one of the best shortstops
in baseball. Late in the 1902 season, he had jumped from the American League's Detroit Tigers to the Giants. After being sent back to Detroit, the Tigers in June 1903 traded him to the Yankees.Upon learning of the trade, the Giants demanded that Ban Johnson reverse it. When he refused, they marched into New York State Supreme Court and obtained a temporary injunction that prevented Elberfeld from playing for the Yankees.
At a hearing five days later, Elkus succeeded in getting the injunction lifted:
The temporary injunction obtained in the New York Supreme Court by the New York National League Club, restraining Norman Elberfeld, the short stop, from playing with the New York American League Club, was
dissolved July 15 on a stipulation among the lawyers in the case....DeLancey Nicoll appeared for the New York National Club, while Abram I. Elkus represented the New York Americans. Mr. Nicoll told Justice Samuel] Greenbaum, who heard the argument, that he was not ready to go on, as Mr. Elkus, he said, had Introduced new matter into his papers
which the Nationals were anxious to reply to. He, therefore, asked for an adjournment. Mr. Elkus opposed this, saying that Mr. Nicoll was not acting in good faith, and that the New York Americans were being deprived of Elberfeld's services every day that the injunction continued.
"I will grant you the adjournment," said Justice Greenbaum, "If you will consent that the injunction be dissolved until you are ready to be heard. As the matter now stands, I would unhesitatingly dissolve it on the argument, but I am willing to accord you the further hearing you desire." Mr. Nicoll demurred at first, but finally agreed to the Court's proposition,
and the matter went over until July 20.
Five days after the hearing, the owners of the National League gather at the Victoria Hotel in Manhattan for what turned out to be a marathon session. When they finally emerged, Elberfeld's case was over.
After the meeting adjourned President Pulliam said, "Tee sum and substance of the result of the deliberations of our League members can be told in a few words. The matter having been thoroughly and carefully considered, it is the opinion of the League that the assignment of Norman Elberfeld to New York by Detroit was not a violation or breach of the Cincinnati peace pact... The National League is desirous of maintaining peace among the organized professional baseball leagues.
https://uknowledge.uky.edu/cgi/viewcontent.cgi?article=5480&context=klj
