Elmore County Republican. [volume] (Mountain Home, Idaho) 1910-1915, 1913-08-09

In a sense baseball is law unto
itself. 1t Is the magnates who make
the laws that govern the game, and
when disputes arise 1t 10 the national
commission or the genial autocrats
who act as presidents Of the several
leagues who settle most Of the cases.
When men swap horses and one OF
them feels that he has been cheated
he ID likely to take his complaint into
the courts. When Frank Chance
swaps Hal Chase to Callahan for
Zeider and Borton and feels that he
has been cheated, he takes his COM
plant to the head OF the league. As
| it seems that tho American League
heads are to take no action In the
matter, Chance might bring suit; but
there is little probability that he will
do so. Managers who have traded play
|'ers have taken the matter into the
courts and have discovered the great
principle of sales caveat emptor,
which is usually translated as "let
the buyer take care" surely wise
injunction.
But there are not q few cases In
volvihg baseball that fi-d their way
into the courts ond juds.s have ex-
pressed some interesting opinions
and made some ingenious and learned
explanations Of the national game
Most OF the cases involving baseball
are either difficulties over the play
ers contract or questions OF Sunday
baseball.
Before the law, II club gives a
player a contract for a definite time
at q definite salary 1t must fulfil the
conditions Of that contract. All that
is required of the player Is the ordi-
nary knowledge and skill common to
members OF his profession. So It is
that we see players who have been
discharged by the clubs bringing le-
gal 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
s;onal baseball contracts, which gives
to the club magnate the exclusive
right to a players services, even
after the expiration Of the term OF a
contract and thus prevents player
from securing a position with any
other club, has involved many legal
disputes. Now that baseball Is thor
oughly organized under the national
agreement this rule 10 strictly en-
lorced by the clubs and the magAates
insist that It is essential to organized
baseball. 1t was because OF this re-
serve 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 play
at all. II was these circumstances
that caused an agitation that reached
congress and that threatened to
change this situation 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 contrcats were one
sided, and all In favor Of the magnate,
have refused to prevent a player
from playing with another club than
the one which owns" him under
baseball law. These matters do not
now find their way into the courts,
because no other club will hire such
a player, and 80 baseball law reigns
supreme.
But there have been cases In which
the courts have enforced contract
against a player. Such was the famous
Lajoie case to break his contract with
the Philadelphia club. It brought forth
an interesting opinion in which the
court had the following to say Of the
great player:
"The court below finds from the
testimony that the defendant is an
expert BASEBALL player in any position;
that he has great reputation ~ q
second baseman; that his place would
be hard to ill with as good q player;
that his withdrawal from the team
would weaken 1t, az would the with
drawal Of any good player, and would
probably make a difference in the
size Of the audience attending the
game We think that in thus stat
ing 1t, he puts II very mildly, and
that the evidence warrant stronger
finding as to the ability Of the de,
PENDANT as an expert ball player. He
has been for several years in the
service Of the plaintiff club, and has
been re-engaged from season to sea-
son at constantly increasing salary.
He has become thoroughly familiar
with the action and methods Of the
other players in the club, and his
own work 10 peculiarly meritorious