The Washington times., 1915-01-22
Says That Elimination Of Re.
serve Clause Has Liberated
Players Everywhere, No
Matter How Contracts Read.
Admits That Charlie Murphy
Did Not Treat Mordecal
Brown Right In Sending Him
to Louisville Ball Club.

CHICAGO, Jan. 22.-Holding that
reformations in the past year have
pureed the National Commission
and the American and National
Leagues Of any signs Of being a
trust, Attorney George Wharton
Pepper today resumed his argument
before Federal Judge Lands in the
big baseball suit.
Attorney Pepper is apparently
laying great stress on his declara-
ton that the new contract in vogue
means "every player who signed for
the season of 1914 was absolutely
free at the end of 1915 to sign with
anybody in the world" This condi-
tion exists, according to Pepper, be-
cause of the elimination of the re-
serve clause.
Another point made by Attorney Pep
per which rather surprised his hearers
was the open admission that organised
baseball officials generally believed
Charles w. Murphy didn't treat Morde-
cat Brown right when he sent the latter
with the Cubs.
sumo several hours in completing his
argument.
The Quaker City lawyer. in addition
to raising the question Of jurisdiction.
declared the plaintiffs had given no
good reason for granting a preliminary
injunction against the National Com
mission. He compared the Federal
League contracts with those of organ
lied ball, and asserted that In the Fed
eral League a player was bound hand
and foot for ten years.
The reserve clause Is no longer in
effect" said Pepper. I'm contracts
as now drawn there Is a stipulation that
70 per cent OF the money is to be paid
as a salary, and that % per cent Of the
annual stipend Is in the form OF an op-
ton for a future contract. For instance.
the year the player and the team owner
cannot come to terms for 1916 the 1915
contract remains In effect for 1916 At
the end of that time there ts no con-
tract. 1t expires and the player be-
comes a free agent-free to sign where
he wishes.
I'm the case Of long term contracts
there is a like stipulation. that at the
end of the contract the old contract re-
mains in force If there Is no agreemens
or a new Contract, but remains in force
for year only. At the end OF that
year the player becomes a free agent.
Pepper concentrated his effort on try:
ing to show that organised baseball did
not come under the antitrust law.
The question Of Jurisdiction popped up
repeatedly at the hearing. Judge Lands
on several occasions saving that the
fact that the case should be heard In the
Federal court. as alleged in their bill.
He told Attorney Addineton this and he
made similar remarks TO judge a. y.
Meyers. Of Indiana, who followed Mr.
Addington, and who argued that Judge
Lands had jurisdiction. II the Federal
League attorneys fail to convince judge
Lands that his court has jurisdiction
in the case it. win be thr9wn rr. out tr;ar an:
ances to some other tribunal. It is ex,
pected other theories will be cited and
the point settled tomorrow
Dick Kinsella. scout for the New York
Giants. says he is here principally to
protect the reputation If a perfect!
good dog. He is ready to deny, that the
canine was swapped for ball player
He also saws he wants the Feds /
stop kicking his houn' around.
Attorney Keene Addington seems to
take great delight in picking on Garry
Hermann. AS GaTry Is COnSlQereS the
custodian Of the rules and regulations
of organized baseball he has drawn the
fire of the Federal attack.
Men who have grown gray and ric'
in baseball sat in silence as they heard
themselves roasted as conSplrators ani
charged with robbing the downtrodden
ball player. will organized baseball
ever put him out?" queried a fan VINO
has attended the court session for two
days.
Garry Hermann Wore smile
throughout most of the denunciation Of
his methods. He was in frequent con-
ference with Attorney Calvin. one Of
the o. B. lawyers.
Barney Dreyfuss, of Pittsburgh:
Schuyler c. Britton, and r. L. Hedges.
of st. Louis. expressed optimism as to
the final result.
Dreyfuss sat off to one side and
smiled broadly every time Addineton
mentioned that ball player vas a
slave.
Steve Cusack, umpire in the Federal
League last year, Is attending the trial.
He was being considered by President
Gilmore for job this season, hut Steve
has filed an affidavit for the opposition
Frank Navin, of Detroit, has "eturned
home, but said he might return at any
time. He said Addington had been at
bat entirely too long,
Capt. T. l.. Huston, one OF The own
ers of the New York Americans, Is here.
and he'd promised Kinsella to help him
protect his bird dog.
Branch Hickey, manager of the St
Louis Americans, canc all the way from
Texas 10 attend the court sessions.
Richard Carroll, business manager Of
~ SSeoklyn Feds, was spectator.