Baseball Appeals Court Decision in Rose Case

Baseball’s lawyers today asked an Ohio appellate court to suspend a judge’s ruling that postponed Pete Rose’s hearing before Commissioner Bart Giamatti, saying the lower court’s restraining order “threatens the very reputation of major league baseball.”

In a 220-page request for the suspension of the temporary restraining order granted Sunday by Commons Pleas Judge Norbert A. Nadel, baseball called the ruling unprecedented.

“For the last several weeks, the charges against Pete Rose have focused enormous public attention on gambling and the possible corruption of the game,” baseball said in asking that the temporary restraining order be suspended. “Now that Pete Rose has aired these charges by bringing suit, it has become critical for the commissioner’s office to act promptly to maintain public confidence in the integrity of the game.

“If every action of the commissioner to investigate and determine matters affecting the integrity of the game were to be subject to court intervention and delay, the commissioner’s ability to safeguard the integrity of the game would be destroyed. The action of the court . . . threatens the very reputation of major league baseball and deprives the commissioner of the power to protect the integrity of the game.”

A three-judge panel of the Ohio 1st District Court of Appeals will decide baseball’s request after receiving a response from Rose’s lawyers, which is due by 9 a.m. Wednesday.

Meanwhile, Nadel scheduled a meeting this afternoon in his chambers with lawyers from both sides. And Nadel also had until 5 p.m. today local time to respond to an order from the Ohio Supreme Court that he show cause why the report on Rose from baseball investigator John M. Dowd should not be made public.