Omaha daily bee., 1915-01-22
PEPPER SETS FORTH
CASE OF REGULARS
Counsel for Organized Ball Says
Feds Trying to Cover at Bound
Ground Gained in Decade.
CITES THE RECORDING ANGEL


CHICAGO. Jan. 2i.-The question of
fedaral jurisdiction and the renewed
declaration that under the National and
American leagues modified contracts a
player becomes a free agent the year
after the expiration OF his agreed term
Of service were features at today's pro-
ceedIngs OF the antitrust SUIT against
the most powerful bodies Of organized
Base Ball.
Judge X. M. lands. who is hearing the
case, brought up the question Of juris-
diction again. and. making the first
statement on the side OF Organized Ball.
George. w. Pepper Of Philadelphia. Of
counsel for the defense. discussed Il at
some length after tho Federal league at
torneys had stated their case. Pepper
asserted that the intervening suit OF Leo
Magee should not be regarded. and said
the only Federal question lay in the
charge that the defendants maintained a
monopoly In restraint Of Interstate COM
merce.
Clayton Law Sections cited.
Sections OF the clayton law were then
cited 10 show that labor Is not regarded
as an article of commerce. and the de-
cision In the Hammerstein- Metropolitan
Opera company case was brought In as
another authority on the same subject.
The decision. holding that the labor OF
opera singers waa not commodity OF
commerce.. was held by Pepper appiica-
BILE 70 the labor of bail players. Judge
Lands did not decide the question, and
Il was said there was a possibility the
case would be thrown ont OF court
In his general argument. which followed
after Keene Addington. counsel for the
Federals. had ended his presentation OF
the plaintiffs case, Pepper Insisted I've
did not know what the Federal league
was asking to have enjoined
Feds GrleNance.
Their grievances Is not that we pre-
vent them from finding the young bali
players on the lot and developing them
through training In the various minor
leagues. rs We do; they want to attain
in one bound the advantage VIC have
gained through ten years OF labor; they
want to profit from the skin developed
by our money" ne said.
Pepper declared there were few cases
OF individual hardship worked against
players by the ten-day clause. the re.
serve rule and the judgments of the Ma
tionai commission.
IL ie noteworthy that the ten days
clause rules were specified By the Bal
Players fraternity az Objectionable, he
said. I'VE admit having made some mis-
takes l do not believe | would have
freated an old war horse like Mordecai
Brown the way he was treated. but I ask
that the answers OF the defendants 70 the
affidayits OF the players be read carefully
The latter omitted TO toll their life story
how they were brought up from tho
minors. and the progressively larger
sauarieg they have received
fIissery 90 fAe Gaase.
Pepper gave g history Of the game and
the formation OF the first agreement be
tween the American and national leagues
which preceded the National agreement
These agreements. he declared wer moi
for the purpose OF protecting the parties
70 them from outsiders. but against each
other. In 1918 the conditions under which
base bah was played had recorded 4
marked advance. said the lawyer "anC
the recording angel. / believe. will find 4
balance 70 the credit side OF our account.
ne declared.
The new rules regarding the option on
ball players services. the attorney empha
sized made for his liberty. lie u fire.
agent when he has served one seasol
after the expiration Of the term he sign
for" he declared.
TFeatmeat sf Daley.
Addington. In his discussion OF contract
and the power OF ball clubs over player
cited National commission decision Dc
scribins a. liberal the treatment OF Plays
Daley BY the Brooklyn Nationals. Dale,
he read from the eonfrnissions repor
had been allowed a weeks absence 10 a
tend his sick wife, but had not rcporte
az the end OF the week, and the Bfookiy
club had released him 10 minor ieagu
sending him $40 salary due. Daley aske
the commission 10 make the Brooklyn clu
pay him 40 additional on Ms salary "a
count and reimburse him for the 80 a
post he made on his uniform, but a
commission ruled against him, saying u
club had treated him llberally.
Another case was cited 20 show that Il
comniisslon enforced the payment
debts b ball players.