New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-08-03
MACEE MUST SERVE TIME
Board of Directors UphoIds the
Action of President Lynch.
OWNER OF CUBS DISSENTS
Murphy Not in Accord with the
Other Members on Appeal
from Suspension.

Chicago, Aug BY a vote Of three 70
one the board OF directors OF he National
League upheld the action OF President
Lynch to-day in furnishing Sherwood Ma
gee, outfelder OF the Philadelphia club. FOR
assaulting Finneran. the umpire, In a
game with ST. Louis I'm Philadelphia on
July 10 The punishment was fine u 500
and suspension for the rest ~ the season.
Charles ". Murphy. Of the chicago cubs,
wrote a dissenting opinion
In their decision tire directors said:
In the hearing Of this case no testimony
was offered by me player that would war
rant the board in either renting or modi-
Tying the fire inflicted against Fin. and his
request 70 do so is denied.
THE president Of the League acted clear
ly within his authority under the pro isions
Of the constitution Of the National League.
and II should serve as a warning 20 all
players where charges are preferred against
them under the provisions Of the consutl-
ton and the suspension by the president
FOR a definite period even II the same Is
for the remainder of the playing season.
follows. that after a proper hearing 81 the
charges no appeal can be- taken, and ne
suspension as made will be enforced.
An the testimony submitted has been
given the most careful consideration tv
the board Of directors Of the National
League.
THE first question that presents itself
pertains to the powers OF the president
and the board Of directors of the league IN
a case Of this kind Sections % and = OF
the National League constitution give the
president absolute power upon proper
proof 10 suspend player for a definite
period and 10 impose fine not exceeding
500
I'm the case IN question. the president
Of the league did impose a fine OF $500 and
: suspension for the remainder Of the sea
son against the player. and. in doing So
he acted clearly within the powers con
farred upor him under the provisions OF
the National League constitution.
Part OF Section Is provides. Sucn me
can ONLY be RENTED ~ the board OF d.
actors after hearing on appeal duly
prosecuted.
'It IS apparent from this provision o.
Section .. that when the president OF the
league. in acting IN a case ~ mis- kind
suspendz a player for a definite period as
was done in this case. even II the dehnlte
ner,o6 NJ suspension is for the remainder
NJ the playing season. no appeal can ~
taksn N the board Of directors and the
suspension as made must stand and the
nlav.-s request that the suspension Dc
modified or rernitt4d, Is denied.
THAT this Is the correct construction o.
this provision ~ the constitution cannot
be disputed.
"A few, wears ago. when II was put 70 a
ro,. N give the president the sole jur's-
d,.t,on 70 try cases Of this kind and act
a. rrov,ded IN the constitution Ghe pro-
,,,s,or being known as the Fleishman reso-
luton. a lengthy discussion took place as
10 It's advisability and whether pro
vision should he inserted in the consutu-
ton. which would give the player risnt
IN apreal on suspension. This discussion
was participated IN by six Of the present
National League club owners ana an
amendment. giving a player right 20 ap-
neal on question OF suspension, was
,o,sd down. The board ~ directors, how
ever under Section IS may remit the fine
inflicted by tie president upon an appea'
duly prosecuted"
Mr Murphy in his finding said
IT dissent because II is my opinion, pred
ica+ad 1pon voluntary. eminent legal adj
,.,,s that the intent OF Sect!o1 q Of the
National League constitution gives the
hoard Of directors authority, not only 20
review any and all acts Of the president
but n rescind penalties inflicted in all
rssee with a ratification BY the league.
This IN nv Judgment is the implied mean
ing NJ Section *. which has been In the
constitution Of the National League for
more than quarter Of century. and Is
mot violated hv Section o. which prior 70
,oo- was known as the Fleischmsn resolu-
ton
After the decision had been handed down
President Lynch said
There was nothing else for the board
NJ directors 10 DO except uphold me. Ny
action I'm this case is fully covered in the
constitution and I have violated no rule
or provision Of the constitution. I am per
fcctlv satisfied. and intend TO follow the
provisions OF the constitution
Horace Fogle. president Of the Phladel-
mia club. before leaving for Cincinnati
said that he had not received a copy Of the
findings Of the board of directors and was
not IN a position 70 make a statement He
EXPRESSED himself as satisfied that the
hoard would not do anything which would
,niure baseball or the Philadelphia club.
and said that he had the utmost regard for