New-York tribune., 1911-07-23
FOGEL SLAPS At LYNCH
SAYS President Of National
League Exceeded Authority.
WRITES BRIEF ON THE CASE
Vindictiveness, Not Precedent,
He Contends, Caused Exile
Of Magee.

Horace = oCel. prcSlnent or the fnlIueet ~
boiling mad over the suspension OF Sher-
wood Magee for the rest Of the season
because Of his assault on Ffnneran. the UNI
pire He saws President Lynch imposed the
sentence through vindlctiveness and not ac-
cording 20 statement. and tells why in a
brief OF more than three thousand words
He SAYS IN part:
Lynch says Masce IL suspended for the
remainder Of the season because he violated
Rule n What does that rule say? Here Il
f.. when the offence of the player de-
barred from tho game be or the 6agrant
nature. such as tho use ~ obscene language
mr. an assault upon tho umpire. the umpire
shall within four hours thereafter forward
20 tho president " the league fun psrticu-
lars Now. where does that rule say any
thing about n penalty or punishment for
the offending player? And how does Lynch
know Magee's assault was 'unprovoked.'
since he lid not give Magee n trial. exam
ned no witnesses and has only the unsup
ported statement Of the riot melting Fin
neran on which 10 base such an assertion.
How did he find out that Magec made pub
lie statements which were accepted by the
Philadelphia club officials TO the effect that
Finneran had applied vile names 20 the Of
tending player? Did Finneran tell him so?
No one else can have told him. because
while I'm Philadelphia he saw no ono else.
~ any rate. so far ne this statement IS
concerned. n Is m unmitigated lie, because
Magee made no such claim TO tho officials
os the Philadelphia club. and hence we ac-
ccptcd no such claim from him. But II
Mascc had lied about Finneran. would that
be an offence for which he should be fined
seoo md suspended for the season?
Lynch may not know Il. but. legally, the
constitution and bylaws come first. and
havr precedence over playing rules Prob
ably ne does know. but in order 10 get
away from the Klein case he tries TO hood
wink the public into reading Rule 81. which
says nothing about punishment for um.
pircs on the ball field. referring only 10
misconduct Of players.
Now, Let us see what Section IS of the
constitution says. the title OF this law
being punishment Of Scandalous Conduct
Here is the section IN fun:
Section .S-The president OF the league
shall have power. upon proper proof mind
YOU. proper proof which Lynch never
suspend for a definite period ,dchnltc. mind
you. and not indefinite. as Lynch maze II
twelve DAYS ago. and thus became a vio-
lator ot tho rules himself. and 20 impose
fine not exceeding 500 upon any league
manager or player guilty or gross misbc-
havior. including intoxlcation. lighting.
quaIreilinG. indecency or other scaudalous
conduct whether on or off the playing
field. during tho season. where the same IT,
in his opinion. calculated 10 bring disrepute
upon the National League or national
game. Such fine con only be remit,ed by
tho board OF directors after hearing upon
appeal duly prosecuted
Lynch got behind this section In claim
ing TO MessrS. Wicr and Conway that the
KLEIN and Magec cases were not parallel.
because the umpire is rot mentioned. and
he further excused himself for dfrerentiat-
ing that KLEIN didn't land on Rresnahan.
although his intentions We're the same as
Magee's; while. besides, It had happened
after tho game was over. And yet, not
long ago. he suspended Doom for telling
Flnncran that his umplring was bad and
which also happened after the game was
over. But Doom is player instead OF an
umpire, and a Philadelphia player at that.
which. Of course. makes heap Of differ
cnce with Lynch. Nevertheless; Section %
includes all offences during or after the
game. on and on the ball field
Now, as TO the legality OF Magees sus-
pension. We contend, and orr LAWYERS
agree with us. that suspension for the
entire season Is expulsion, because il expels
the player during the remaining period OF
the time his contract is in force with the
Philadelphia club There's vast differ
cnce between "A suspension and an expul-
sion. and We VIII establish that fact to
Iynch's satisfaction. IL not to his humllia-
ton, before We are through with this
case"
Foccl sqys further that he viii appeal
from the suspension TO tho board of d.
rectors of the National Lcagua