Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1915-01-22
COURT MAY THROW
OUT FED LAWSUIT


CHICAGO. Jan. 2l.-The question
of the federal courts jurisdiction and
the renewed declaration that the Ma
tional and American leagues have so
modified their contracts that "A player
becomes a free agent the year after
the expiration OF his agreed term or
service were features OF today's ses-
sions of the antitrust suit against or
ganized baseball.
Judge lands brought up the ques-
ton of Jurisdiction Attorney George
w. Pepper OF Philadelphia discussed
II at some length after the Federal
league attorneys had stated their side
Of the case. Pepper quoted authori-
ties to show that there must be fed
cral question involved TO obtain a
hearing in federal court He de-
clared the Intervening suit of Lee Ma
gee was not to be regarded and said
the only federal question was that IN
the charge that the defendants main
tanned monopoly in restraint of In
terstate commerce.
Sections Of the Clayton law were
then cited to show that labor is not re
garded as an article of commerce and
the decision in the Hammerstein-Met
ropolitan Opera company case was
brought in as another authority on
the same subject.
May Throw Out.
The decision, holding that the labor
of opera singers was not a commodity
OF commerce, was held by Pepper ap-
plicable to the labor of ball players.
Judge lands did not decide the ques-
ton, and it was said tonight there was
a possibility the case would De thrown
out Of court.
In his general argument, which fol-
lowed after Attorney Keene Adding
ton had ended his presentation Of the
plaintiffs case and Attorney Quincy a.
Meyers had talked on the jurisdiction
question, Pepper declared he did not
know what the Federal league was
asking to have enjoined.
Their grievance is not that we pre-
vent them from finding the young ball
players on the lots and developing
them through training in the various
minor leagues as we do; they want TO
attain in one bound the advantage we
have gained through 10 years of labor;
they want to profit from the skill de-
veloped by our money," he said.
Few Hardships.
Pepper declared there We're few
cases Of Individual hardship worked
against players by the Today clause,
the reserve lult anu lllt JAhb lliOllNo va
the national commission.
at is noteworthy that neither the
Today clause nor the reserve rule
were specified by the Ball Players
fraternity as Objectionable" he said.
1--WE admit having made some mis-
takes. | do not believe | would have
treated an old war horse like Morde-
cal Brown the way he was treated,
but | ask that the answers of the de-
PENDANTS to the affidaHts of the play
ers be read carefully. The latter
omitted to tell their life story, how
they were brought up from the min
ors and the progressively larger sal
aries they have received
Attorney Pepper gNe a history of
the game and the formation Of the
first agreement between the Amer
lean and National leagues, which pre-
ccded the national agreement. These
agreements, he declared were not for
the purpose of protecting the parties
to them from outsiders, but against
each other.
Ban Has Advanced.
In 1913 the conditions under which
baseball was played had recorded
marked advance, said the lawyer, and
the recording angel. believe. will find
balance to the credit side Of our
account, p" he declared
The new rule regarding the option
on a bau players services The attOr-
ncy Emphasized made for his liberty.
"Hc is free agent when he has
served one season after the expiration
of the term he signs for he declared.