Daily Yellowstone journal., 1890-01-19
OF BASEBALL LAW
w. ]. Harris Elucidates an I'm
portant Matter.
GIST OF THE DIAMOND WAR.


Times-Star, who is one OF the brightest writ
ers on baseball topics in America, and one Of
the best also because he tells "a story in a
plain, everyday manner, easily understood
and right Ia the point eery time, has aptly
sized up the baseball war in this sentence,
1T is II campaign for the preservation Of
baseball law on one side and its destruction
on the other"
1t is frequently asked what is the differ.
ence between baseball law and common law.
The answer is that baseball law is IA law unto
itself. 1t il a collection of arbitrary Gus.
toms, adopted by the baseball men, that are
not in accord with common law.
These arbitrary customs are at variance
with ommun law, aUd there il no doubt
whatever that the courts would decide, If
appealed 10, that tine customs referred to ARE
not legal; but tue courts AVE never been liz
vokei, On the principle thar you can bring n
horse 10 water, hut you cannot make him
drink. The courts might declare that IL IVES
Illegal to suspend u player or say that he
should not be hired lay any one else, bus th"
courts possess no power to compel a person
% hire another. unless that person desires Ia
10 80 willingly, and hence the magnates lave
been able To enforce baseball re.ula' .ons,
and have built up a set Of regulations. with
~precelents To govern them, which lave be-
come known n baseball law.
The National league and American asspria-
ton, together with the minor associations
combined under the national agreement,
have for years hcea an organized trust which
controlled all baseball interests, and when
one considers the normous power they have
welded one Is amazed that they have not
ussl it more arbitrarily and dcspotically than
they have.
The basis of all baseball law is the national
agreement and the customs which have oh
tanned in interpreting It's provisions. This
famous document j. an agreement 10y and be-
tween associations binding themselves IN GER
tain forieItures and penalties 20 keep tue
compact inSiolate. TIE parties 10 IL are tn"
National league and the american assf'ia-
ton. There are some supplemented ARTICLES
known as articles of qualified adiAissiuU 10
the national agreement, under which minor
baseball organizations are admitted 10 the
protection of the national agreement,
The celebrated agreement which has been
the corner stone Of tile success OF bds hall
fpl4lhluH Atn uIliticN. lht hIcN wv IIpfllto
for its name The second explains the con
tracts between clubs and players, aud pro-
yides that such contracts shall not be made
prior to Oct. 20 of each year, and prescribes
for the suspension of the player and 500 fine
TO the club for a violation. Article 8 pro-
viIes for the treatment Of suspended players
10y other clubs and prohibits l.em from play
ing with or against teams % which a dis
qualified player is u member.
Article I Is the reserve rrl". Ii grants
each club the power 20 select the names VI
fourteen players under contract With them on
the 10Th day Of October In each year and pro-
tects them IN tie continued service OF such
players BY making the players ineligible to
contract with any other CLUB a party to the
agreement except n may he provided la its
terms, and clubs are also permitted 10 add to
their list If reserved men he names uf any
players WHO may have been reserved by
them in prior years who have refused ~ con-
tract with the club reserying then, thus In.
stituting d perpetual bar from baseball inr
those players who declined to remain wIih
the clubs which had reserved them without
obtaining "A proper release.
Article 8 governs the releases Of PLAYERS.
When a man is released his services are sub
ject to tue acceptance Of the other clubs OF
his association for a per .od VI ten days. After
that the player is free to 80 where lac pleases.
Article & gives the clubs territorial rights in
tie cities where they are located, and pro.
hib!ts any other club from being located
there without permission, aud the article also
provides for the resignation Of clubs during
the month Of November. Article Z provides
for the expulsion Of clubs from the benefits
OF the agreement for playing games against
any club presenting on Its niDe an iueligibl.
player. Article ) gives each association
power to make rules for the central discipline
and compen sation Of its players. Articles G
and ~ provide tor a board Of arbitrators,
consisting of three each from the two major
organizations, 10 whom shall fall the duty Of
interpreting the agreement and deciding all
disputes arising under ii.
The qualified articles are thirteen In mum.
Der, aud provide for the protection Of minor
leagues, and preecribe the amount 10 be paid
for such protection, which is 81 900 for -four
clubs, $500 for six clubs and 1900 for eight
clubs. These articles are very complete and
cover about every point that could possibly
arise between the parties thereto.
This, in brief, is the national agreement.
Il is the law and the board Of arbitration is
the court Of last resort. Many OF its provis.
ions and the usages which have grown up
under IL are obnoxious 10 fair minded people
on a first acquaintance and Objectionable al.
ways, but experience has shown that these
regulations are absolutely necessary. Ball
players need TO he governed with a strong
hand. The stability OF baseball demands that
clubs shall keep well along with the process.
sion, but they cannot 10 30 II their players
can desert them at any moment,
There must lie something more than q com.
mon law punishment tor violators of con.
tract, and there must be something 10 punish
clubs and associations for violation ~ con.
tracts on either side Than n suit for damages.
In the past IL has been quite rs difficult ~
keep the mngnntas IN lire as the players: IN.
deed, more 80 iu soIuG r~cslects, aud nothing
short Of the itsn cifH national agreement
would have done II or Will do 1t In tho future.
We have a specimen Of whit would happen
without IL v hen TIE clubs hustle TO obtain
the services az n new PLAYER who has made a
mark. ant the com tant disputes coming be-
fore the bOard OF arbitration show what most
OF the clgls would 10 " taey bad "a chance.
As for the player the events Of the last few
months In the signing OF double contracts
and the bargaining aud "shennnnigan' in
dulged In are good indications 81 the kind OF
practices that would become general were
there not some iron LOumd rule b. hold both
magnates aud players 10 . given linz.
liz IL this lta-. tiU law which lus made Ia.