The Washington times., 1914-01-25
Organized Baseball Must Make
Good in Courts to Hold
Sovereignty.
By THOMAS KIRBY.

Dan that IL is today on such n firm foot
Ing that it can weather any fire 1,
which it might be subjected, the truti
Of the matter seems to be that the or.
ganization is now confronted by its mos
severe battle since the expans on OF the
American League a dozen years ago.
The storm center is to be, if the Fed.
cral League promoters are to be de
Tended upon, the reserve clause in
he contract which all players mus
sign before being eligible to participate
IN the various leagues that come under
the jurisdiction OF the National Com
mission. This board, composed of John
X Tcner, president OF the National
League; Byron Bancroft Johnson, and
August w. Hermann, of Cincinnati,
constitutes the highest tribunal in the
national sport.
Stripped of all unnecessary legal
vcrbiage the reserve clause means
that the player contracts TO bind him
self to the club with which he signs,
even after the expiration of the regular
document at a salary to be agreed upon
10y himself and the club owner.
The violation of this tenet means
disqualification of the player from
any league under the National Com
mission which governs practically
the whole baseball sphere. In other
words. the offending man is deprived
"i his means Of livelihood in his
chosen profession. once player
signs he obi. gates himself for an in
definite period, for, even should he re
jet the offer of the club, he has no
recourse unless he shOald carry The
case TO the courts 1t is this that the
FEDERAL League announces il IS ready
10 do should the clubs under the pale
of niZan h1 1EPhai1 nprGiSf in rhpi =
intention Of tampering with the mon
who have of late signed with the
newly formed circuit
As matters now stand player may
sign for say $500 a year, and be
forced to play for that sum for the
rcmaiuder Of his baseball existence
sion, or calling, unless he can obtain
from his chief an advance. That this
is 4 violation of the constitutional
guarantee against involuntary servi-
iucc IS the contention Of those wkO
now declare they now want a Eel
eral investigation Of the contracts
under which the players of today
are held. That the document has no
s1liG legal basis is the claim OF the
Federals; that the courts will uphold
the validity of the contract is assert
Cd by those who side with the Ma
tional Commission.
Those who are most enthusiastic
over the advent Of the Federals are
'NpresSing utmost confidence in the
Ultimate success Of the undertaking.
IN addition to their attack on the
reserve clause they assert that
hero is a fertile field for third
l".gue, and, with sufficient capital,
mich they are claiming, see the be
inning of an organization that will
rfpve a worthy foe for the National
I'D American Leagues. which, for
."Grs. mas had territorial rights
rhICh have known no unCroaChment.
T'E years ago the American League
Nas Tar from a successful affair.
True. there were clubs that were
.HakinE money, but there were others
ON t1lc verge q Bankruptcy. IN
Washington, for instance, ten years
@co next May receipts at National
'a-k were attached Nv creditors who
'oulI obtain no satisfactory adjust
'nents TO claims which they had
against the organization in this city.
But e day the situation is vastly
altered The American League the
.Inlor Of the majors, from a mod .st
beginning has grown 50 speedily and
Solidly that there are millions in it
nov that are bringing satisfactory
return TO the investors.
In place OF the antiquated wooden
Sheds" in which the eight teams orig
lally played, have risen modern con
.-tlt pidi4lS lEldL nave put IDlS country
pTemOst among the nations Of the
Orld in the matter Of athletic equip
uent. II the Federals can command
1prtunes they, too, may erect these
giant structures, but even then they
win ind the American and National
.eagucs in complete harmony. ready to
20 to their reserve funds TO repel the in
TasiOn OF an undesirable rival.
Even though their endeavOrs be wreck
I'd by abjeCt failure. the Federals would
T-rv
-truggle should they drive into the
..0urtE the reserve clause and demand
20 decision upon its binding qualities on
'ne players upon whom the OUTLAWS
.uSt figure. If they truthfully hope to
resent baseball in an artisJlc sens,
GA g par with that furnished i'm the
ties that are already now represented
Do tho National and American leagues.
On the strict legal side OF the re
serve clause" c. L Eldridge, a promi-
ont Chicago lawyer, has made long
study and has the following 10 say a. q
art Of an opinion he has written on
mo matter:
SO frequently has the reserve clause
hNen attached as being an anomaly uE-
uOwn to auz- law but baseball law that
g enforceablitv against the DIayer-In
a1v court except the National tunmIS-
s'Uu-has come 10 be seriously doubted:
h'le, a. a matter Of fact the reserve
."N6e contains no feature "Lltl u llyt
20 familiar feature Of many kinds Of
.ontracts daily enforced by. the civil
ourts. That. however. is q question
Inch II is not the purpose Of this arn-
''n 10 discuss.
On the other hand. there IS 81
t"Ust ? serious question which cannot
D., answered oThand-wncthCr the con
arI itself Is enforceable against The
LAY cr. To hc more specific. III" feature
Sc hiCh II has been argued makes the re-
r0Tve clause lueufOTCeablc is not pres
mt at all in the reserve clause. while !
there is az least = possibility that that
."atuTc does exist i'm tho terms Of the ,
i1eiE body vf tic contract. And vet
N hateVCr attack has been made. either I
'u times past or at the present. hs-e !
'=Cu directed against the reserve clause |
-.Fen the FCderals, il their prUmui CTS |
are quoted correctly. have said that !
hey will not tamper With players artu- |
oily under contract. but will ignore the
reserve clause and will treat with ular'- |
Crs under reserve.
1T does not follow from what has
-IEt been said that the baseball CON
tract will surely not be enforced That
question is one which the courts will |
have to decide II the battle ever Coes
that far. But il is quite clear that If |
either the reserve clause OF. the contract
proper is Fundamentally and irrepara-
l'y Of such character that il will not
he enforced against tho ulayer. il is Tie |
rpntTsCt, rather than the reserve clause |
which ~ susceptible 20 such an attack
TAHaga Nna AHaN aFnH