Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1893-09-17
WHEELING REGISTER SUNDAY. SEPTEMBER H. 1893
LAW ANDBASE BALL
eUMBgRTS SUIT WILL TEST THE RESERVE
RULES legality.
Brsisnssin is the King Now = How the Star
Twirlers of 1892 Fave Fallen Before the New
Pitching Rule of 1898 Many Faces Of Veterans
Will Be Missing Next Season.

brought suit against the Chicago clue 10
recover s., $50. This suit at law is OF
vastly more importance to the profes-
sion at large than the sum represented
by the controversy. When the case Is
adjudicated it will settle one very i'm
portant point of law that is interesting
70 every baseball player and CLUB within
the reach OF the National League.
Gumbert's complaint against the Chi
cago club will test one provision OF the
reserve rule. Gumbert was for time
last year a player under contract with
the Chicago club. In midseaSon the
club repudiated their contract with him
or told him he would be released unless
he accepted reduction in salary. de
preferred his release, and it was grant
ed, but not till ne tried to negotiate with
other 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 1t all was to
force Gumbert to return to the Chicago
club at the latter's own figures.
But Gumbert would not return. de
remained idle for the rest OF the season
was forced to do so, as he alleges In
his petion-and he now sues to recover
as much salary as this inequitable act
OF the Chicagos deprived him OF. II he
wins the case, he will give the noted
reserve rule quite shock. Good law
yers have always held that this rule
would never stand test at law. Dur
ing the fgnt between the National
league clubs and the Brotherhood play
ers in 1890, the reserve rule came up In
the various legal sQuabbles number OF
times, and in not one instance did the
presiding judge look upon it with favor.
It's legality was never directly brought TO
test, however, in those cases, but especial
" in the injunction proceedings OF the
New York club against John NJ. Ward
10 was decided that the rule could not
affect player to the extent OF enJoin'
ing him from contracting to play else
where than with the club which re-
served him, inasmuch as there was a
lack Of equity in its provisions between
the club and the player so reserved.
The Gumbert case will decide whether
a club, either by agreement with asso-
ciated clubs or by this reserve rule, can
compel a man TO play with them 81
their own price or lie idle without q
chance to earn his living at his profess
sion elsewhere. II Gumbert should win,
the efficacy Of the reserve rule would
be almost destroyed. The effect OF such
a result would be very embarrassing to
the National League, for time and
costly experience have demonstrated
the fact that the reserve rule or some
provision is absolutely necessary to
keep professional base pail on a bust
ness basis.
Base ball is getting into the courts Of
late with aregularity that surprises the
learned Judges. 1t has only been nine
years since Justice Baxter OF the Fed
eral Circuit Court, sitting in Cincinnati,
threw out the petition of the ST. Louis
Union Base Ball Club against Tony
Mullane as he would have brushed q
cigar stun o 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, els r
game-a sport played by nine men on
each side" "Stop," 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 order.
Six years later the courts gave re-
spectful consideration to questions In
dispute between clubs and players. 10
New York City such eminent firms as
Evarts, Choate g. Beeman, and How
land 81 Bacon appeared before the
courts and argued baseball suits at
great length. Even the federal justices
in that city bent their judicial minds to
the perplexing questions, which were
arising in the business. BY that time
several millions Of dollars were invest
ed in the game, and the courts could no
longer ignore the business.
Nothing succeeds like success. The
news of base bail prosperity in the east
mas reached the fartheSt corners OF the
west and south, and steps are already
being taken TO build up professional
circuits. The latest announcement is
the field for 1904 with Fort Smith, Lit
tie Rock, Hot Springs, Mo-, joplin,
Fort Scott and probably Wichita and
Topeka as members.
An unofficial table of pitchers aver
ages has been made out covering all the
National League games 10 TO about the
25th Of Septic mber. These records are
very interesting and prove all that
said recently about the damaging effect
which the new pitching rule had on the
older stars among the pitchers. Bret
teustein of ST. Louis is in the lead aud
Rusie Of New York second. Then come
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, Clsrkson, Cuppy and Staley.
How the mighty have fallen! just think
Of Keefe, King, Clarkson, Haddock,
Hutchinson and Baldwin year or two
ago! Thes look at them now beneath
the feet OF men Of the Killen, Stein,
Breitenstein and Ehret stripe.
But there stands Rusie near the top
once more. And vet he gives evidence
of becoming q veteran. Only a few
wears ago the New York manager had
trouble TO keep him out OF the game.
Amos pleaded TO pitch every day.
Now Rusie growls il asked to 60 IN
every other day. The team has four
available pitchers, and he doesn't want
to pitch more than his share. he be-
gins to complain OF rheumatic pains in
his right shoulder and seems to fear for
the endurance Of the arm witch such a
little time ago never knew pain or an
ache. Is Rusie getting ready TO join
the procession that has passed?
Next season will see the places Of
MANY of the old stars OF 1898 filed with