The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1889-12-26
'THE LEGAL ASPECT
Points at Issue Between the
Brotherhood and the League,
THE FAMOUS PRESERVE" CLAUSE

Hrotherhood's Venture Arguments ffs
and Con-
II Is not an easy thing 20 explain tho legal
points al Issue between the brotherhood
players aud their old masters, the National
league magnates, aud ! am not sure that
can make II thoroughly plain.
In 1891 tho brotherhood presented con
tract drawn up by lts committee Whlph lhe
League aCCeuted. Ia that contract appears
tho following section, now famous the eoun'
Try oyeri
"Beotlon N 1t IL further understood aud
agreed that tho said party ot tho llrst part
shall have tho right 20 reserve tho ald
party OF tho second part Tor tho seRson next
ensuing tho term mentioned Ia paragraph
Q, herein provided, and said right ana prlyf
lege Is hereby accorded the said party OF lhs
hltt part upon tho following eondltlenh,
which arc 10 ha taken and construed as CON
ditIona precedent 70 tho exercise uf hueh or
traordInary right Or privilege Wal
"l, That tho said party Of tie second part
shall not hs reserved a. q salary less Than
that mentioned Ia the twentieth paragraph
herelu except by tho consent oi tha party OF
tho ilHt part
"g That tho sald party Of tho second part
II no ba reserved by tho said party Of lhe
drst part Tor tho uoEt ensuing 'H'l' hhAl
bo one OF not moro thau fourteen players
thon under contract tbat u, lh1t lh' IlahV
OF reservation shall ba limited 20 lhht hum'
Der oi players aud no mofa,'
Under thls section tho National league
elnlms ID holds nn option Tor tho season OF
1870 on each player who signed % contract
containing tho CLAUSE, Finding That Me@N
Eynrts, Ch0ata s. li1lmHn, tho celebrated
New York lawyers, backed up lIia hoIiel VA
ON elaborate opinion tho lrnguh determined
% force tB players % kiep lhnOf contracts,
and have brought q suIt against John NJ
Ward 90 obtain an Injunction 90 train MN
from playing with tho Brooklyn ilayerS
League club. ~
Tho point made by Mr. Ward and hls law
yerf, judges Rowland and Bacon, ID that tho
word reserve used In tho contract was pnt
In quotation marks % show that " was mere
~ a technical word, aud that 10 did not give
the langun any option on the player other
than that understood by thore tryup provision
OF International agreement, which mcana re-
servo only HH against organizations or clubs
members ur parties 10 that pgroomunL
nha woIl known fact that the National
agreement Ia q covenant entered Into by oer-
tain parties by which each agrees 10 reoog'
nilo certain rights OF all tho PARTIES thereto
az sut forth II has always b'cn considered
chat players cjuld play with outside organ
izatIoua aud thoy have frequently done 10,
az, Tor Instance, with tho California league
before that association was admitted 70 tho
protection Of the national agreement, Tho
players contend that ~ the Players league
Il not party 10 tho national agreement tho
reserve does not hold against tucln when they
ioin that organization, In other words, no
matlor what may have been the spirit OF
their contract with tho League, the letter OF
II docs not hold Them To olIiet thIs claim
the Lunguo will uEo another section OF tho
contract, which expressly states that no for
olgn documents ehnp bO used IN the inIcrpro'
tatiun of the contract
A good many p0pplo suppose that this In
Junction eult l. brought 10 tcst the validity
OF the reserve rulo. This, however, la not
tho cus9 Tho reserve rulo ID not IN question
at all. The League never has claimed II 10 DO
legal aud has generally believed that tho
courts would No decide Tho reason 10 has
never boon bought up by tho playcrs " that
n favorable decision would DO Of no value, 40
tho courts could not compel club TO hire a
player " IL did not soo 10 10 do s1, and hunoo
the combination mado by the magnatos has
remained effective,
Tho point tho court has now 10 decide n
what tho players meant by the word ''ro-
eryoN-whothor or not they intended 20 give
an option ON their services as against any
other club or organization, II thoy did, tho
League can hold them, II thoy did not, they
arc FREQ 10 40 10 tho now league, Tho Ma
tional league claims that u tho intention hnd
been 10 limit tho reserve 10 organizations
under the national agreement tho fact
would have boon put into the contract, as II
was drawn by the Brotborhood's own lawyer
aud they stated at tho time that they desired
10 put into tho contract oyory condition OF
tho agreement between clubs and players
They say that tho national agreement was a
matter between the olubu and that tho play
ers were not parties 10 II directly or indi.
roctly, In any manner, shape or form.
On tho other hand, tho players say that
they considered the question whom thoy drow
up the contract, aud that tho word "optlon"
was llyt usod but aftorward stricken out
and tho word "rosorvon inserted In quotation
marks, as IL was beloved that II would cover
tho point and leave thom FREQ 10 sign with
any league outside tho national agreement
Thcso nro tho facts stated as simply as pos
siblo Tho evidence will no doubt bo yolu.
mnous Tho players will have TO show what
thoy meant when they signed tho contracts,
aud ,bo l.ongue will bring evidence 70 tho
sano effect They viii ondoAyor 70 aid their
case by producing an outside contract with
Ward, In which no uses language which on
lts face shows that ho considered that ho had
given tho Tongue on absolute option on his
sorvlcoa Whether or not this document will
be admitted inovidenco ~ not being foreign
10 tho contract, aud tho national agreement
DO thrown out as being foreign " H. is u
question Tor tho court 10 determine,
On tho decision Of tho injunction case rests
tho future OF tho Players league, II a por.
manent injunction Ia granted the players
may carry tho case 10 the court OF appeals,
but tho injunction would hold until final
decision was reached, and that would ro-
qulro no much time that tho players could not
DO ablo TO start their league until the ecason
was half over. II tho injunction is refused
tho Loaguo eau carry tho caso TO tho court OF
appeals, aud IL will DO a standing menace
against the players, and should tho lower
court DO ovorrulod along in tho middle Of tho
season II would disrupt tho Players league at
n time thnt would be more disastrous than II
tho Lsague had never made start.
The case win DO tried In January or Feb
ruary, and decision may DO reached somO
iamo In March. W. |. HARus.
A TI,uaan az Uorttt HluiuiV.