Daily Yellowstone journal., 1889-12-29
Thu LEGAL ASPECT
Points at Issue Between the
Brotherhood and the League.
THE FAMOUS PRESERVE" CLAUSE.

~ - ~ ht h-f-n alNAN =" NENa
points at issue between the Brotherhood
players and their old masters, the National
league magnates, and | am not sure that |
can make il thoroughly plain.
In 1857 the Brotherhood presented a con-
tract drawn up 10y its committee, which tho
League accepted. In that contract appears
the following sectiOn, now famous the cUun-
try over:
"Section lS-lt is further understood and
agreed that the said party of the first part
shall have the right to reserve the said
party Of the second part for the season next
ensuing the term mentioned in paragraph
., herein provided, and said right and priv
lege is hereby accorded the said party Of the
first part upon the following conditions,
which are 10 be taken aud construed as con-
ditions precedent 70 the exercise Of such ex-
traordinary right or privilege, viz;
~. That the said party of the second part
shall not be reserved at a salary less than
that mentioned in the twentieth paragraph
herein, except by the consent Of the party OF
the first part.
"2. That the said party Of the second part,
il he be reserved 10y the said party Of the
first part for the next ensuing season, shall
be one Of not more than fourteen players
then under contract, that is, that the right
of reservation hal he limited 10 that mum.
Der Of players and no more.r
Under this section the National league
claims it holds an option for the season Of
1880 ON each player who signed a contract
containing the clause. Finding that MeSsrs.
Eyarts, Choatc & Bcaman, the celebrated
New York lawyers, backed up this belief in
an elaborate opinion, the League determined
TO force its players 70 keep their contracts,
and have brought a suit against John NJ.
Ward to obtain an injunction 10 restrain him
from playing with the Brooklyn Players
League club.
The point made 10y Mr.. Ward aud his law
yers, judges Rowland and Bacon, Is thar the
word reserve used in the contract was put
in quotation marks n show that il was mere
ly q technical word, and that il lid not give
the League my option on the player other
than that understood by tine rc4erveProvision
of the national agreement, which means u re-
serve only US against organizations or clubs
members or parties TO that agreement.
1t is a well known fact that the National
agreement Is a covenant entered into by Ger.
tain parties by which each agrees 70 recog-
nize certain rights of all the parties thereto
as set forth. IL has always been considered
that players could play with outside organ
izations, and they have frequently done so,
as, for instance, with the California league
before that association was admitted 10 the
protection Of the national agreement. The
players contend that Us the Players league
t.-. ..,r. - al. ,..f.A,l a..
reserve does not hold against them when they
join that organization In other words, no
matter what may have been the spirit Of
their contract with the League, the letter Of
il does not bold them. To offset this claim
the League will Use another section of the
contract, which expressly states that no for
cign documents shall be used In the interpre-
tation Of the contract
A good many people suppose that this in
junction suit is brought TO test the validity
of the reserve rule. This, however, is not
the case. The reserve rule is not In question
at ell. The League never has claimed it TO be
legal aud has generally believed that tho
courts would 80 decide. The reason it has
never been bought up by the players is that
a favorable decision would be of no value, as
the courts could not compel a club 20 hire u
player If Il did not sec fiji 10 do 80, and hence
the combination made by the magnates has
remained effective.
The point the court has now 10 decide Is
what the players meant by the word IRE
serven-whether or not they intended 10 give
an option on their services as against any
other club or organization. Ii they did, the
League can hold them; If they did not, they
are free to go u the new league. The Ma
tional league claims that II the intention had
been 10 limit the reserve TO organizations
under the national agreement, the fact
would have been put into the contract, US 1t
wasdrawn by the Brotherhood's own lawyer,
and they stated at the time that they desired
to put into the contract every condition Of
the agreement between clubs and players.
They say that the national agreement wa a
matter between the clubs, and that the play
ers were not parties TO it directly or indi-
rectly, in any manner, shape or form.
On the other hand, the players say that
they considered the question when they drew
up the contract, and that the word option
was first used, but aftarward stricken out
and the word reserve inserted in quotation
marks, as il wns believed that it would cover
the point and leave THIN free 10 sign with
any league outside the national agreement.
These are the facts, stated as simply as pos.
siblo. The eyidenc, will no doubt be yolu.
minous The players will ave 10 show what
they meant when they signed the contracts,
and the League viii bring evidence TO the
same effect They will enleay0r % aid their
case by producing an outside contract with
Ward, In which he uas language which ON
is face shows that be considered TINT he had
given the League au absolute option on his
services. Whether or not this document will
be admitted ia evidence as not bring foreign
10 the contract, aud the national agreement
DO thrown out rs being foreign 10 IL, is a
question for the court 30 determine,
On the decision Of the injunction case rests
the future Of the Players league. II a per-
manent injunction is granted the players
may carry the case 30 the court of appeals,
but the injunction would hold until "A final
decision was reached, and that would re-
quire 70 much time that the players could not
be able 10 start their league until the season
was half over. II the injunction is refused
the League can carry the case TO the court Of
appeals, and IL will be a standing menace
against the players, n should the lower
court be oyerruled along In the middle Of tho
season IL would disrupt the Players league al
q time that would be more disastrous than II
| tho League had never made a start
The case will be tried in january or Feb
ruary, and a decision msy bo renched some
time In March. w. J. HARRIS.