The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-05-01
KAUFF REFUSES
70 ACCEPT PAY
CHECK OF FEDS
Shows His Sincerity Toward
McGraw-Tener Insists on
Honesty and Rules.
HEMPSTEAD STILL.
BACKS UP MANAGER

attempted to desert to the New York
Giants and play with them against the
braves at the Polo Grounds Thursday
afternoon. renounced his Federal affilia-
t1ons yesterday In a manner that leaves
no doubt Of his personal sincerity to-
ward McGraw. KaufY refused to ac-
cept from Business Manager Dick Car
roll Of the Tip Tops his frs, pay
check for services with the Brooklyn
independents. Kauff insisted that he was
Q free agent when ne signed three
tionals and declared most emphatically
that he would stand behind Mc,;rlw
and Hampstead in the fight for rein.
statement by the National Commi- sion.
In spite of the darkest frowns from
the throne Of the National League. both
Manager McGraw and President Harry
". Hampstead Of the Giants expressed
strong hope OF carrying their poin: TO
. successful issue with the supreme
court Of organized baseball. Both are
hopeful that the Triumvirate may be
impelled to act with celebrity on the now
TO q fnal settlement by means OF tele-
graph and long distance telephone. This,
In spite of stanch stand taken ty
President Tener against consideration
Of Kaufrs application for reinstatement
at this time.
Tener's stand Is fortified by the rules
and regulations OF the National Com
mission which specifically cover the case
of Kauff. Bennys position is defined
clearly by section 20 of this code, re-
vised and ratified July. 20, 1912. as
follows:
"A player who fails TO report to or
deserts the club having title to his SER
vices shall be declared and promulgated
to be disqualified as a National Agree
ment player until restored To good
standing on his application by the com
mission. II a major league player or oy
he National Board, II minor league
player. In all cases of failure to re-
mort or OF deser;ion the offender may
he reinstated with or without fine. in
the discretion OF the tribunal having
Jurisdiction, provided, however. that II
a player shall have Joined an outlaw
team his application for the removal NJ
his disability shall not be acted upon
within three years after the commission
OF the offence
The cold type OF this set legislation
was President Tener's chief argument
Of rebuttal to Mr.. Hempstead's insinua-
.NCrs that the New York club had not
Neen treated fairly In reference TO
Thursdays near fiasoo Mr.. Hampstead
and Secretary John Il. Foster OF the
Giants calledr upon President Tener
shortly after noon yesterday 10 ind out
the feeling OF the executive toward the
Eauff incident. At the time there were
coseted with the boss OF the parent
major league james f. Gaffney. Charles
II Ebbets, William +. Baker and Bar
ney Dreyfuss. Tener stood 10 his guns
hut failed to shake the conviction or
Hampstead that the New York club was
justified in expecting a hasty and favor
able verdict from the National Commits
sion.
To number OF new spaper men who
called upon him shortly after his col
leagues had departed President Tener
csnddly stated his personal views or
Kauff's standing.
81 shall not permit Kauff 10 play with
the Giants before he has been relnsta'ed
by the National Commission" said he.
IT do not see how the National C)m-
mission can possibly act upon the
players application for reinstatement
for two years 20 come. Certainly the
National Commission cannot cor >idcg
the application unless it first an ends
It's rules and regulations. This fact I
pointed out quite clearly 10 Mr.. Hemp
stead
In his cnversation with Mr. Tene- and
with the newspaper men Mr.. Hampstead
appeared to have failed 10 grasp the
significance of Benny kauN's Ineligible
ity. He Is said 10 have cited various
Instances OF contract jumpers being
welcomed back into the fold Of organ
lied baseball, among them Ray Cald-
well, Walter Johnson, Poll Perrtt and
Ivy Wingo. 1t was pointed out further
by the president OF tn" Giants that ac-
cording TO the Interpretation OF the re-
serve clause by George Wharton Pep
per, chief counsel for organized base
ball in the court OF Judge Lands, the
major leagues considered the reserve
clause binding for only one year II was
argued that as kaufr had been absent
from the indianapolis American Assoc
citation club for more than year, that
old reserve clause should not he con-
sidered binding.
Mr. Hampstead" said Tener, over
looks the very important fact that. ac-
oording TO baseball law Kauff was guilty
of an offence and became Ineligible,
That ineliglbility hangs over him in-
definitely unless lifted by the proper
authorities. He cannot expiate the Of
fence through time alone. II would be
40 logical for man who had languished
in jail before trial to ask the Judge
10 remit from his sentence the term
he was confined before his case was
called"
Application for reinstatement was
made TO the various members Of the
commission by Benny kaun Thursday
afternoon and forwarded by wire "a
Chairman August Hermann in Gin
cinnati and Ban johnson In Chicago
The New York club presented Benny s
prayer OF forgiveness to President Tcner
yesterday morning In Chicago Ban
johnson gave out an interview In which
he expressed an opinion entirely In ac.
cord with the views OF Mr. Tcner.
"kauffs application" johnson Is
quoted, cannot possibly he considered
until after three years from the time
he played his first game with the In.
danapolis Fcleral League club, In
other words, he will have 20 wait prac-
tirallv two years more, and in IN,
meantime he will he Ineligible to or
~snized baseball
chairman August Hermann AZ Gin
cinnati did not appear 80 set in his
views
II believe, reports from the West had
him saying, that II can he arranged
10 have the commission take some &C.
ton in the matter in the immediate fu'
ture ! am not conversant with Kaun's
pr,ef Of defence and until he has for,
warded full particulars ] do not wish
20 rxprcss an opinion"
In answer 10 telegram from Robert
r. Ward, presidcn, of the Brooklyn Fed
erals. asking what lew he Intended
20 take of Kauns alleged violation o.
contract, Mr.. Tenar assured the mead