South Bend news-times. (South Bend, Ind.) 1913-1938, 1915-01-22


Judge lands court:
a slave and a human chat
tel."-Keene II. AddingtOn. at
tOrney representing the Federal
league.
AN artist. George Wharton
Pepper, attorney representing or
ganized baseball.
CHICAGO. Jan. 22.-George Whar-
ton Pepper. Philadelphia attorney re-
tanned to defend organized baseball in
Judge Lands court today was sched-
uled 10 lambast the Federal league
and paint the American and the Ma
tional as white as the driven snow
And Mr.. Pepper. who talked for two
hours on Thursday afternoon proved
then that he was equipped TO do that
very thing.
He held suspended the third organ
ization and brought out these startling
facts:
That organized baseball no longer
depends upon the reserve rule and
that the players signed 10 contracts
running for a single year could be-
come free agents at the expiration of
two seasons.
That the case now being tried by
Judge Lands was not a question for
a federal court to decide and there
fore the jurist did not have jurisdic-
ton
That the Federal league attempted
20 become a major organization by
resolution.
That the Federal league was at
tempting to reap the benefits which
the American and National were 10
years in developing.
That baseball was not commerce,
certainly not of the Interstate brand,
and since nothing else of "A Federal
nature had crept into the proceedings
that it was not for a United States
court 10 decide.
That while the petition OF the Fed
eral league prayed for an injunction
that it's representatives in their argu-
mentS had never so much as asked for
one in their oral arguments
Do Not Depend on Clause.
The statement that organized base
ball no longer depended upon reserve
clause and that every player within
it's fold could become free agent was
the most sensational of the arguments
OF the attorney. The baseball players
gathered about the railing and even
scarcely believe that they heard
Alright. And the Judge asked that the
statement be repeated 1t was, and
Mr. Pepper went further than that
and stated that his clients, the club
owners of the two major leagues,
wanted TO so upon record to that eff
feet. Even then there seemed to be
some doubt and he explained ii in
this manner:
asrrrl..
comes 10 terms with the club owner.
Seventy-fve per cent OF the sum
named in the contract applies as SAL
airy for the season and the remaining
- per cent is an option on the play
er's services for the following year.
The players and the club owner
cannot agree on terms for the 1916
contract then the salary which was
paid 1915 will hold. But there Is no
further option and when the 1915
season contract expires the player is
at liberty TO negotiate where he wish
es Where he desires To accept terms
with the Federal league he is permit
ted TO do So"
Not Community Of Commences.
Mr.. Pepper toward the close OF the
session attempted to show that az
labor could not be considered as a
commodity of commerce the COM
AS a result Of 80 years Of obser-
walton / am shocked because you call
baseball labor interpOsed Judge
Lands.
Pepper then reeled off number Of
citations To show why he called IL
labor"
Judge Landis today was still in
doubt as TO his legal right to render a
decision on the case. He was not
convinced that il was Il matter TO be
brought up in a federal court, and
there is a posi- bility that he Will cast
the whole case out of his court max
ing il necessary for the baseball men
10 resort to a state court for a hear
ing.
The organized baseball men would
consider il as good as a victory. liz
would mean that the sensational
charge OF violating the Sherman anti
trust law would be grOundless.
Pepper based his preliminary argu-
ment on the statement made by James
A. Gilmore and submitted in one of the
affidavits. filed by the plaintiff.
In the affidavit of James Gill
more" said Mr. Pepper. lis the AS
tOnishing statement that the Federal
league upon being advised by coun-
sci. tried TO induce players TO violate
their contracts with the defendants.
That statement is. 1 believe. the eX-
PLANTATION of this suit. / say that they
cannot do this. and the courts OF
equity have ruled against them in their
several attempts"
Mr.. Pepper characterized the pray
ers for relief asked for by the FEEDER
al league as astounding. They do not
dare TO utter their prayers for relief.
he said. They come 10 them, but they
die on their lips"
You, sir" said the lawyer 10 Judge
lands. ARE asked To stop in a mo-
nent OF time. the operation OF an en-
tcrprise that has been developing for
" years"
Pepper then briefly outlined the or
SANITATION OF baseball. He told OF
the rowdyism in the sport in the early
nineties and the wane OF public in
terest. He exhibited the original CO.
operative agreement between the Ma
tional and American leagues made
during January. 1913. and asked leave
TO file 10. He declared IL was the
precursor OF the national agreeme mt,
which ne asserted. the court was ask
ed 20 dissolve on the ground that II
restrained Interstate commerce trade.