The Birmingham age-herald., 1911-03-06

Southern league today is $320O, last years limit. for as that part of the clause in which the limit is named was passed on by
 a vote of only 5 to 8, lacking one of being
 three-fourths vote, it is unconstitu- tional
 Kavanaugh's ruling does not appear con siste.it with one section of the constitu-
 tion. which reads as follows:
 ''The association shall at its annual meeting, fix the aggregate or maximum limit of salaries to be paid each month | to the players of each club during the en-
 suing season. and when once limit has ] been fixed it shall be binding upon each and every club
 The New Orleans meeting could not have been the annual meeting,' for section 1 Of Article II of the constitution says:
 "The annual meeting of this association shall be held on the 18th of December of each year. or at such other time and place as the president may designate" The time designated for the last an-
 nual meeting was October 25, and Bir-
 mngham was selected as the place. There is nothing in the constitution about schedule meetings. but it has been the custom of the league to meet in the spring to decide on the schedule This | meeting is always called by the president, and no regular time IS ever set for 1t. r meeting and that only those things which are mentioned in the presidents call can be considered except by unanimous con sent. 5g5 s.
 l. looks like President Kavanaugh could have found the precedent set at the New | Orleans meeting of 1906, while he was looking for precedents on which to found a ruling.
 | At this meeting it was decided that the meeting at which the salary limit would | be fixed would be held in the fall Of each | year. and warning was served on the | owners that II they signed up any pal | players for tie following season before l this league meeting they would do so al l their own fisk This warning was to op- viate any complaints of owners who might say that certain limit decided on would handicap them because or con | tracts they already had on hand. l It was agreed at this meeting that be- l tween the annual meeting in the 1aii {, and March ], which, is the time that all nlavers must nave their contracts or else | be declared free agents. was plenty o' l time in which the clubs could operate III setting terms for players. .tA l There appears only one thread on which l the men who rassed the amendment to | the unconstitutional sentence or the | 'constitutional'' clause have to hang tneli ] hone of enforcing what they did In New | orleans, and that is on the. fact that the by-laws that were in effect at the time | of the Birmingham meeting said that 1 only half of the playing managers Sal
 ary should be included in the salary iinh',
 This, however. will not stand in view oi
 the fact that any amendment to the
 constitution which makes new salary limit, as did that amendment at Birmins-
 ham. makes rull and void any coniiic..
 ing clause in the constitution existing al | the time.
 | It is taugle that Is pretty sure to
 cause some trouble. and especially 1T the New Orleans club ever needs 10 exceed
 the limit. for Frank is determined noI to
 let the result of the New Orleans meeting 1 bind him.