New Britain herald., 1916-02-05
MOTION ID DISMISS
 BASEBALL SUIT
Baltimore Feds to Be Heard Before
 Judge Landis Decides Request

Chicago, Feb. 5.-Because the Bal tlmore Federal league club wished to be heard, a motion made yesterday to dismiss the suit for the Federal league
 against organized baseball was set for hearing Monday. The motion was offered in the United States district court by attorneys representing the plaintiffs to the suit, which was brought under the Sherman antitrust law.
 Dismissal of the suit, which was l filed January 5, 1915, was one of the 1 conditions of the baseball peace by which the Federal league went out of l existence. The Baltimore club own 1 CTS at that time indicated that the plan to put an International league team in Baltimore did not satisfy them l and 1t was said in baseball circles that they nave since resisted efforts to get 1 them to change their views. Judge K. M. Landis who heard the
 arguments for an injunction and who mas hao the case under advisement for ! a year in ordering yesterdays mo- tion put over until Monday directed that the Baltimore club should be not flied by telegram and be ready to pre- sent its case at that time. The Federal leagues antitrust suit followed number of suits filed in va rious courts, both state and Federal, by both sides, involving the individ
 ual cases of ball players. The Federal leagues lawyers dur ing the four days trial before Judge l Landls presented the following | charges against organized baseball, as
 represented by the National league, l the American league, and the Nation | al commissions:
 1 That organized baseball is a trust, 1 operating in violation of the common | law and the Sherman act. That the ball player, through his 1 contract and the National agreement, l lacks mutuality; that be has no voice
 in the governing of the game; that the 1 rulers of baseball maintain blacklist 1 to his detriment
 That organized baseball tried to ruin | the new league, with it's $3,000,0O0 in
 vestment in players and grounds, by multiplicity of suits | The Federals argued also that they 1 had bettered the condition of the play 1 CT and helped the game. They asked | that their opponents be enjoined from 1 prosecuting the numerous suits and l from tampering with their ball play CTS.
 Organized baseball retaliated by 1 charging that the Federal league itself came into court with unclean hands. It's lawyers advanced the following points:
 That the Federal league had tam- pered with it's players and induced some of them to violate their con-
 tracts.
 That the form of contract now in use
 is simple agreement, which allows
 the player to become a free agent at
 the expiration of the option.
 That there was no Fec eral question
 involved in the litigation, and that tn e
 court therefore lacked jurisdiction.
 That the Clayton act states that hu-
 man labor Construed to include ball
 playing) it not all article of com
 merce, so organized baseball could not
 have violated the Sherman act, as charged.
 That the Federal league contracts themselves contained option and ten
 day clauses which robbed their con- tracts of mutuality and made players
 slaves for the few years of their base ball life.