Evening star., 1915-01-03
MEN NEARLY OWNED
Feds Attorney Cites Effect Of
O. B. Contracts.
CONTROL is PERPETUATED
Claims National Agreement Robs
Ball Player of Chance to Bar
gain for Services.
CONTROL Is PERPETUATED
Special Dispatch to The Star.

Special Dispatch to The Star.
CHICAGO, Ill, January 2.-Waltei
Johnson's relations with the Washington
club are not represented solely by the
contract, says Keene 81. Addington. the
local attorney of the Federal League. A
portion Of that instrument printed in red
important notice to players and club
presidents" appears at the top of the
regular form Of contract used by organ
lied base ball. That notice significantly
refers to something behind or beyond
this paper called q contract.
The something behind or beyond Is the
national agreement, pursuant to which
the national commission has been ap-
pointed. Under the terms of the national
agreement by which all clubs in organized
base ball are bound, the form OF contract
which is to be used by any clu0 wltn a
player must absolutely conform to the
national agreement and the requirements
Of the national commission.
All the freedom Of action that Is left
to the club is that of fixing the salary
which is to be paid the player. The only
freedom OF action which is permitted the
player is with respect to the amount OF
Compensation, and this freedom OF action
left to the player Is more shadoWy thai
real. because he must either take the
salary that is offered or stay out Of Or
ganized base ball.
Quotes Judge Bissell.
These statements have been supported
ty Judge Herbert P. Bissell Of the su-
preme court Of New York, in the Chase
case. In his opinion in that case Judge
Bissell said:
mo opportunity is afforded to the
player to solicit employment upon his
own account. No right is afforded to
enable him to resist an unjust limitation
upon his power to earn"
Judge Bissell, after quoting the ma
tional agreement, further said:
Thus the base ball player is made q
player, If he be a player Of a major
league, is made absolute: if he be q
player of a minor league it's title is alb
solute except In SO far as the draft
provisions are concerned"
Now. to quote Judge Bissell again. te
show that the club owner Is In posi-
ton to give the player as little salary
as 1t sees f1t:
IF the player has ideas of his own as
to salary which fail to accord with
those of the club, the national agree
ment enables the club to enforce its
own terms. leaving the player the op-
tion to enter some other trade, calling
or profession, If he is not satisfied.
''The scheme of the national agree
ment to perpetuate control over a play
er by means of contract apparently le-
gal is Interesting and pertinent. Each
term contract, as appears by section !
of article 8, must contain reserve
clause or option to renew. So that
each new contract of the player must
contain a reserve clause, and SO by q
series of contracts organized base ball
is able to perpetuate it's control over
the service of the player.
But why should player enter into
a contract when his liberty of conduct
and of contract Is thus curtailed? The
answer is that he has no recourse. He
must either take the contract under
the provisions of the national agree
ment or resort to some other occupa-
ton.
Refusal to sign such formal contract
shall render him ineligible to play with
the contracting club for more than a
period of ten days or to enter the
service of club of any party to this
agreement unless released
"And this article is further reinforced
by rule 23 Of the national commission.
which prohibits a club from using a
player who has not entered into for
NAL contract in compliance with the
terms of the national agreement
Perpetual Control Obtained.
Now what does this mean7 The ma
tional commission refuses to permit
club to use a player unless he has
signed a so-called contract. That So
called contract cannot be made the
subject of negotiation between the
club and the player, but must be in
the form prescribed by the national
commission; and that form is a form
which is repeated from year to year
with the purpose In view OF always
having control of the players serv-
ices
The unexpressed purpose. the direct
effect, is to hold players In organized
base ball against any organization
which might undertake to compete.
thus seeking to deny the right to en-
gage in the business of base ball and
also undertaking to close to the play
ers in organized base ball opportuni-
ties for employment with those who
have the courage to dare to engage In
base ball without the protective guar