The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-04-29

against the weak appears dispropor-
tionate.
An expert in civil law. taking fifty
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 twenty. eight, ex-
fit the case in six, while in three the
commission decided against its own
laws, as set forth in the agreement.
The man who studied the cases knew
nothing of baseball except what ap-
peared in the commission s reports. and
considered the cases from a legal stand
point.
The vast majority of decisions. how
ever, were accepted without question
and recorded as final in baseball. Play
ers either submitted to the rulings or
found other employment.
Few persons outside those engaged
in the game understand what baseball
law is, OF how it is administered, or
how it affects teams and players. Be
fore 1908, when the national agree
ment was written and ratified by most
of the organized clubs in America, base
ball had been chaotic because OF the
war between the National and Ameri.
can leagues, which after one year Of
desperate conflict settled down into
steady guerrilla warfare. The financial
standing of almost every club was
shaken, and with the salaries and ex-
penses at the highest mark in history,
receipts were heavily cut. The owners,
weary of the ruinous strife and com
PEELED to cease their efforts TO ruin
each other for safety's sake, met at
Cincinnati in September, 1908, and
reached the "national agreement -
which is the basis of baseball law The
National and American leagues and the
National Association of Minor Leagues
ratified the agreement as the supreme
law of the game, arranged for the
baseball to sit en- banc Cor en- bunc) on
disputes of all kinds, agreeing to ac-
cept decisions as final.
This court was called tho national
commission, and il constitutes perhaps
the most extraordinary judicial and
legislative body in the history OF
America. 1t was provided that the
commission should be composed of the
presidents of the National and Ameri-
can leagues. and a third man, who was
to be chairman and chosen by the
two presidents. August Hermann,
owner of the Cincinnati club and a ring
politician of prominence, was chosen as
chairman.
Students Of political economy pos.
sibly would ina CINE that the court was
farce, the principle behind its forma
tion being laughablv in defiance of the
accepted theories of government. In.
stead of choosing Judges because of
their impartiality, they were chosen be
cause of their interest in and knowl-
edge of cases to be decided. The
consent of the governed was not asked
at first, though later the minor leagues
were asked to enter into the agree
meut: but the consent of the players
over whom the commission was given
full and extraordinary powers, never
was requested. The interests of forty
leagues, perhaps 800 clubs and 5000
players, were thrust into the hands of
representing owners.
Further. this court was empowered
not only TO hear cases and pass iudg.
ment, but TO enforce punisbments,
collect fines and execute their own de-
crees. Going further, the commission,
a Judicial body, was made executive
and legislative, empowered to pass
laws governing themselves, the club
owners (their employers). and players,
even to pass laws to decide eases al.
ready in hand, to pass laws to correct
abuses, and 10 make these laws retro.
active and punish for offenses com.
mitted prior to their enactment, In
the first year of tho existence of the
court, it went back and punished for
alleged to have been committed, before
the national agreement was signed and
the court created.
This procedure was explained, or cx-
cpsed, as such proceedings now are ex-
cused. on the plea that the action was
necessary for "the good Of the game. -
The national commission. while laugh.
able from standpoint of civil law,
has safeguarded the game In many
ways, and has corrected many evils.
The national agreement, which is
the constitution of baseball, is one of
the most remarkable of existing legal
codes. The first remarkable phase Of
tho constitution is found in rule %,
which provides: "These rules may be
changed at any time by a majority vote
of the commission -
That one rule gave the national com
mission the most absolute power in all
cases. without referendum even 10 the
club owners, made two men supreme TO
enact laws TO punish all offenses, and
10 create offeuses for which punishment
might be Indicted. The chief objec.
ton Of players to the high court of the
game is that they believe too much
power has been given ia two men, both
naturally influenced in favor of the en-
ployers,
The reservation clause is the vital
principle of organized baseball The
owners claim baseball could not exist
without it, while the thinking players
insist that long-term contracts. safe.
guarding the interests Of both parties,
would accomplish Just as much.
The general public does not under
stand the system on which the baseball
business is built. The agreement be-
tween the club owners of all leagues
provided for classification of the
leagues, each Of which was TO remain
separate and Independent, making its
own rules, except in cases where power
was claimed for the central govern
ment, The National and American
leagues were rated as the major
leagues, the Eastern and American as
sociation as secondary major leagues,
and the others were divided into classes
A, B. G. and ID, with provisions for
even lower ratings if necessary.
Each league is allotted a fixed value
per head on it's players, and nm annual
period is fixed during which any league
of higher class is privileged to draft