The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1893-09-17
THELAW AND BASEBALL
Gumbert's Suit Will Test the
Reserve Rules Legality.
BREITENSTEIN is THE KING NOW.

BREITENSTEIN is THE KING NOW.
How the Star Twirlers of 1902 Hnyo Fallen
Before tho New Pitching Rule OF 1903.
Many Faces ofyeterans VIII BE Missing
Next Season.
ADDISON G. Gumbert, the baseball pitcher
now of the Pittsburg team, has brought
SUIT against the Chicago club to recover So
2oo. This suit at law is of vastly more i'm
portance to the profession at large than the
sum represented by the controversy When
the case is adjudicated it will settle one
very important point of law that is inter
esting to every baseball player and club
within the reach of the National league.
Gumbert's complaint against the Chicago
club will test one provision Of the reserve
rule. Gumbert was for time last year
player under contract with the Chicago
club. In midseason the club repudiate6
their contract with him or told him he
would be released unless he accepted q re-
duction in salary. He preferred his release.
and twas granted, but not till he tried tc
negotiate with ether League Clubs which
needed the services of good pitchers did he
realize that his release had been only
blind, or one by agreement with all the
other clubs that none of them would accept
his services. The intent of it all was tc
force Gumbert to return to the Chicago
club Mt the latter's own figures.
But Gumbert would not return. He re
manned idle for the rest of the season-was
forced TODD SO, rs he alleges in his petition
and he now sues to recover as much sal
airy as this negotiable act of the Chicagos
deprived him of. If he wins the case, he
Will give the noted reserve rule quite
shock. Good lawyers have always held
that this rule would never stand test al
law. During the fight between the National
League clubs and the Brotherhood players
In 1890 the reserve rule came up in the va.
rious legal squabbles number of times
and In not one instance did the presiding
Judge look upon it with favor. Its legality
was never directly brought to test, however,
in those cases, but especially in the injunc.
ton proceedings of the New York club
against John NJ. Ward it was decided that
the rule could not affect q player to the ex.
tent of enjoining him from contracting tc
play elsewhere than with the club which re-
served him, inasmuch as there was lack OF
equity in its provisions between the club
and the player SO reserved
The Gumbert case will decide whether n
club, either by agreement with associated
clubs or by this reserve rule, can compel n
man to play with them Mt their own price
or lie idle without q chance to earn his liv.
ing Mt his profession elsewhere If Gum.
bert should win, the efficacy of the reserve
rule would be almost destroyed The effect
OF such result would he very embarrass.
ing to the National league, for time and
costly experience have demonstrated the
fact that the reserve rule or some provision
of that kind is absolutely necessary to kcer
professional baseball on business basis.
Baseball is getting into the courts oflate
with regularity that surprises the learned
Judges 1t has only been nine years since
Justice Baxter of the federal circuit court.
sitting In Cincinnati, threw out the peti
ton of the st. Louis Union Baseball club
against Tony Mullane as he would have
brushed cigar stump from his desk
What is this baseball business any.
how" he inquired. The lawyer for the
St Louis club started in to enlighten his
honor. Baseball" said he, us game
sport played by nine men on each side"-
"Stopn' Numbered his honor How dare
you take up the time of this court with
matters of such trivial nature? Mr. Clerk.
strike this case from the calendar. What
Is the next in ortler!"
Six years later the courts gave respectfyl
consideration to questions in dispute be-
tween clubs and players. In New York
city such eminent firms rs Evarts, Choate
d. Beeman and Rowland 81 Bacon appeared
before the courts and argued baseball suits
ut great length. Even the federal justices
in that city bent their judicial minds to the
perpleXing questions which were arising i'm
the business. BY that time several millions
or dollars were invested in the game, and the
courts could no longer ignore the business
M hi rfF
news of baseball prosperity in the east has
reached the farthest corners of the west
and south, and steps are already being tax
en- to build up professional circuits. The
latest announcement is that the South
western league will be in the field for 1891
with Fort Smith, Little Rock, Hot Springs,
Mo-, Joplin, Fort Scott and probably
Wichita and Topeka as members
An unofficial table of pitchers averages
has been made out covering all the Nation.
al league games up to about the 2oth of
September. These records are very interest
ing and prove all that said recently about
the damaging effect which the new pitching
rule had on the older stars among the pitch
ers. Breitenstein of st. Louis is in the
lead and Rusie of New York second. Then
comes McGill, Mauck, Mcmahon, Killen,
Stein, Ehret, Young, Meekin, Mullane and
Nichols. There are 20 more who rate from
indifferent to very bad, and among the 20
are Stivetts, Keefe. Chamberlain, Gleason,
King, Hutchinson, Baldwin, Haddock. Clark.
son. Cuppy and Staley. How the mighty
have fallen! Just think of Keefc, King,
Clarkson, Haddock. Hutchinson and Bald
win year or two ago Then look mt them
now beneath the feet of men of the Killen,
Stein, Breitcnstein and Ehret stripe
But there stands Rusie near the top once
more And yet lie gives evidence of bccom.
ing veteran. Only a few years ago the