The News-Herald. [volume] (Hillsboro, Highland Co., Ohio) 1886-1973, 1910-07-07
Baseball Law,


Understand in the first place that
baseball law" is illegal, contrary to
civil law, in direct violation Of the
federal laws regulating combines and
the black list, and in principle, direct
~ in defiance Of the Constitution OF
the Rights of Man. Yet, because OF
the nature Of the peculiar business
the greater part of baseball law is
necessary.
Having accumulated at great ex-
pense and enormous labor a baseball
team capable of winning, and upon
which depends the value of large In
yestments In land and structures. the
owner Of a club is entitled to some
protection. And from the first 1t has
been the principle of all baseball or
ganizatiops that there shall never be
an appeal to civil law. No contract,
drawn in the form adopted in orga-
The owners of clubs playing under the
National Agreement openly bind them
selves to the policy of blacklisting Of
Tending players and depriying them by
written conspiracy from their means
OF making a livelihood. They enforce
their claims of absolute ownership of
the services Of players by an iron-clad
agreement never to employ any player
who In any way offends against the
other parties to the agreement and
compel the players to sign contracts
which, In theory and effect, are life
contra2ts and are unconstitutional.
These facts are indisputable and
admitted Baseball club owners and
officials have placed themselves be-
yond civil law by agreement; have
pledged themselves not to appeal to
the courts. and to punish anyone who
makes such appeal They justify this
action on the grounds Of the peculiar
nature Of the business.
The theory upon which basebalrs
legal code was framed was the pro-
lection Of the weak leagues, the re-
striction of salaries within the means
OF each league, the prevention OF con-
tract jumping and violation Of agree
fYients by players. Many OF the most
iniquitous laws in force resulted from
defensive action by the owners to
prevent the repetition of disgraceful
acts by players.
Legally, the baseball player is
slave held in bondage, but he is the
best treated most pampered slave
OF history, and while there are many
cases of oppression, the majority Of
the players received just and equit-
able treatment. '"'-.' ''-''
p An expert in civil law. taking 30
decisions Of the national commission
as recorded In their own reports and
examining them, reported that, In his
Judgment, the national commission
had no Jurisdiction in 2S, exceeded its
powers in nine, made the law At the
case In six, while in three the com
mission decided against its own laws,
as set forth in the agreement. The
man who studied the cases knew moth
ing of baseball except what appeared
IN the commissions reports, and con-
sidered the case from a. legal stand
point
The vast majority of decisions, now
ever, were accepted without question
and recorded as final In baseball
Players either submitted to the rul
ings or found other employment.
The National commission, while
laughable from standpoint of civil
law, has proved effective, has safe
guart ed the game In many ways, and
has corrected many evils.
The national agreement, which II
the constitution of baseball, Is one
OF the most remarkable Of existing
legal codes. The first remarkable
phase of the constitution is found II
rule 29. which provides: These rulel
may be changed at any time by a ma
tority vote OF the commission"
That one rule gave the nationa
commission the most absolute powe