Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-03-08
National League to Look to Courts for
Protection.
THE OBNOXIOUS OPTION CLAUSE
Jack O'Brien and McManus Sign
= With Manager Manning.
s PORTS IN GEN ERAL

The magnates of the National League
have about given up hopes of inducing the
players secured by the American League
to return to their ranks and will doubtless
depend upon the courts to right What they
claim are their wrongs. Although precedents
are all against them, as set forth notably in
the Ha1lma case some years back, 1t Is a
case of the drowning man and the straw.
The test case will probably be made by the
Brooklyn club for the services of Pitcher
Joe McGianity, who is generally conceded
to have signed to play with the Baltimore
team of the American League.
1t Is believed that McGinnity's case would
be most favorable to the National League
view of the matter, because the Brooklyn
contract is the most liberal IN It's option
clause, and the Brooklyn management has
been very prompt to observe all forms that
would make for Its good in legal show
ing. The weakness of the National League
lies in the fact that while a magnate may
at any time relieve himself of player on
ten days notice the player Is bound for
life. There is lacking in that proposition
the equity which should be the basis of all
contracts.
These matters are now generally discuss
ed by base ball enthusiasts, and there will
be many trials out of court before the first
legal moves are taken by the magnates.
The Option Clause.
The muchtalked-of option clause, that
will prove the pivot of the situation for
the courts, reads as follows:
Section ~. 1t is hereby expressly under
stood and agreed for the consideration
above mentioned that the party of the first
part, or its assigns, shall have the option
or right to renew this contract, with all it's
terms, provisions and conditions, for anoth-
er six months, beginning April Is, and for
a similar period successive years
thereafter, and the said party of the second
part hereby agrees to perform similar serv-
ices and be subject to all the obligations
duties and liabilities prescribed in this con-
tract for the period or periods of such re-
newal, or renewals, provided only that writ
ten notice of the exercise of such option of
renewal be served upon said party Of
the second part prior to the 18th day of
October of the current year of this
tract and of the current year of each re-
newal thereof
Before the words successive years In
the contract there is left blank. BY
filling in this blank with a numeral the
base ball owner secured nominal control
for the limited number of years claimed.
By not filling in the space the magnate
controlled for all successive years. This,
however, looked at in the light of equity,
is merely petty subterfuge, as by either
form of contract the magnate has the right
of perpetual renewal.
1t all amounts to the same thing in the
end, and to the mind not trained in legal
technicalities there seems little essential diff
ference between the intent of the present
form Of contract and that on which the
league woefully beaten in the Hall
man case ten years ago.
One of the points to be raised by the
jumping players Is that they were forced to
sign their contracts. and that such agree
n1ents are not binding.
What the Magnates May Do.
There appears to be a difference of opin-
ion as to the proper method Of procedure
by the National League against the players
who jump the option clause. Several mag
mates have been advised that they can en-
join such players, pending the decision of
the courts, but they must file an indemnity
bond to guarantee the players so enjoined
against loss of salaries. Other club owners
have been told that 1t will be impossible to
enjoin the players, but that personal and
Individual suits for damages may be brought
against them, the players meanwhile being
allowed to earn American League salaries
That the National League will make
test case of some star players desertfon to
the American League there Is no doubt.
Rumor has it that the Boston men, Soden,
Billings and Conant, will Immediately insti-
tute proceedings against James Collins the
crack third baseman, who has jumped them
and signed with the American League club
OF that city. 1t is more likely, however,
that if any test case should be made that
VI jos McJiNflty Will De selected, Tor the
reason given at the beginning of this ar
ticle.
McManus and Jack O'Brfen Signed.
Manager James Manning is a busy man
these days. What with looking after the
different contracts as regards the grounds
chairs, uniforms. tickets and the signing of
players. he Is on an almost continual jump.
Yesterday he secured a contract, duly sign
ed, from Jack O'Brien, the left fielder, who
was with him In Kansas City last year
has been brought into the fold is Catcher
McManus, another ex-Kansas City and ex-