You could click the link and see :
Unsurprisingly, the ATC asked for Wagner's permission to have his picture on a baseball card. According to an October 12, 1912 issue of The Sporting News, Wagner did not give his consent to appear on the baseball card. In response to the authorization request letter sent by John Gruber, a Pittsburgh sportswriter hired by the ATC to seek Wagner's permission, Wagner wrote that he "did not care to have his picture in a package of cigarettes." He threatened to seek legal action against ATC if they went ahead and created his baseball card.
There's no speculation. They asked permission, he said no, they did it anyway.