River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1913-12-25
VOL. 81
POPULAR TALKS ON LAW
Rv Walter K. Towers, A. g., J. D., ct the
Michigan Bar.
The National Game
And The Law

when disputes arise 1t IS the nation
lcommission or the genial autocrats
who act as presidents of the several
leagues who settle most of the
cases. When men swep horses and
one of them feels that nc has been
cheated he is likely TO e his com
nlaint into the courts. W len Frank
Chance swaps Hal Chase TO Gala
han for Zeid.r and Borton and feels
that he mas been cheated, he takes
his complaint to the head OF the
league. AS il seems that the Amer
lean League heads are to take no
action in the matter, Chance might
bring suit: but there is little pro-
liability that he will do so. Man
ayers who have traded players have
taken the matter into the courts and
have discovered the great principle
of sales cAVEAT EMPTOR, which is
usnallv translated as let the buyer
take care, surely wise injunction
But there are not few cases IN
volving baseball that find their way
into the courts and judges have ex-
pressed some interesting opinions
and have made some ingenious and
learned explanations of the national
game. Most of the cases involving
baseball are either difficulties over
the players contract or questions
of Sunday baseball.
Before the law, if club gives a
player a contract for definite time
at a definite salary it must fulfill
the conditions of that contract. All
that is required of the player is the
ordinary knowledge and skill com
mon to members of his profession.
So il is that we see players who
have been discharged by the clubs
bringing legal actions to enforce
their rights, as Hoffman IS suing
the Chicago Cubs because of his
discharge before the expiration OF
his contract.
The reserve clause in all profess
sional baseball contracts, which
gives to the club magnate the ex-
elusive right to the players serv-
ices, even after the expiration of the
term Of a contract and thus pre-
vents a player from securing a po-
sition with any other club, has in
volved many legal disputes. Now
that baseball is thoroughly organ
lied under the national agreement
this rule is strictly enforced by the
clubs and the magnates insist that
it is essential to organized baseball
1t was because of this reserve
clause that Ty Cobb was at the
mercy of the Detroit club and was
forced to take his choice between
playing with the Tigers and not
playing at all. 1t was these circum
stances that caused an agitation
that reached Congress and that
threatened to change this situati or
by force of law, changing baseball
law by national law.
In many cases the courts have re
fused to sustain the reserve clause
and because the contracts were one
sided, and all in favor of the mag
nate, having refused to prevent :
PLAYER from playing with another
club other than the one which
towns" him under baseball law
These matters do not now find thei
way into the courts, because NJ
other club will hire such 4 player
and so baseball law reigns supreme
But there have been cases il
which the courts have enforced
contract against a player. Suci
was the famous Lajoie case which
arose when Nap" attempted Il
break his contract with the Phila
delphia club. 1t brought fourth al
interesting opinion in which tn
court had the following to say o
the great player:
THE court below finds from tn
testimony that the defendant is a.
expert baseball player in any posi-
ton; that he has great reputatio
as a second baseman; that his plaC
would be hard to fill with as good
player; that his withdrawal fror
the team would weaken it as woul
the withdrawal of any good playel
and would probably make 4 diffel
ence in the size of the audiences a
tending the game We think tia
in thus stating it, he puts it yer
mildly, and that the eYiderca woul
warrant stronger finding as to tt
ability of the defendant as an e,
pert ball player. He has been fl
several years in the service of tt
plaintiff club, and has been re-ei
gagged from season TO season at
constantly increasing salary. Il
has become thoroughly famihs
with the action and methods of tt