The Washington times., 1917-06-12
CLAIM BASEBALL
ENOF COMMERCE
If Magnates' Point Is Upheld
Big Fed Suit Will Fail
PEPPER OUTLINES DEFENSE
Secretary Goldman Explains ali
About National Game.
PEPPER OUTLINES DEFENSE


PHILADELPHIA. June II. - II
George Wharton Pepper cuts the plate
with his hrst ball, the famous suit OF
the Baltimore Feds against organized
baseball will be taken from the jury
now hearing 1t in the United states
court here.
Peppers FIRST one, high and fast,
is a contention that must be decided
by the court, being purely legal II
is whether baseball Is commerce, ana
II II Is, whether II is Interstate COM
merce. Pepper says baseball Is not
commerce.
II this point Of law Is sustained by
the court, the case will be taken from
the jury, as there would be no VIOLA
tion Of trust laws.
All the magnAtes attending the
Argt days hearing were on hand
again today, when the game opened.
It was apparent that considerable
bitterness would be shown before
many more days. providing the trial
extends that far.
Janney Opens Battle.
Stuart Janney. the Baltimore Feds
attorney, opened the battle with
claims that he would show organized
baseball to be a trust that conspired
TO keep Baltimore from enjoying
major league baseball.
Jannsy was succeeded on the mound
by S. Edwin Goldman. secretary Of
the Baltimore club. Goldman hurled
the legal sphere for an hour and a
half. and when he had finished his re-
marks the wilted-collar brigade in,
the bleachers were well Informed on
the subject Of baseball.
The Baltimore secretary told Just
what baseball Is, and how, why.
where. when. and by whom It is play
ed, taking care to mention every de-
tail with q fairness that might have
appealed to even the exacting and
bellIgerent Mr.. McGraw.
Wharton Opens Up.
At the conclusion Of Mr.. Goldman's
remarks organized baseball came in
for an inning. with George Wharton
Pepper at the bat
Five points of defense were outlin-
ed by Mr.. Pepper In his address to the
jury.
The first one. a purely legal one to
be decided by the court, and also the
most important, Is whether baseball
is commerce. and II II Is, whether II
is interstate commerce.
II this point of law is sustained by
the court the case will be taken from
the jury. as there would be no viola
ton of trust laws.
No ConbInation -Zhatever.
The second question of defense is |
that at no time has there been a
combination by the national commits
sion to stop competition; third. that
sport or business had not been hamp- |
cred by the defendants; fourth, that
the contract with the players. which |
had been attacked by the plaintiffs |
because of the reserve clause in II /
which gives the club the first option |
on the player for the next season, |
was fair to the players, as they sign
ed it of their own free will, and fifth, |
that virtually the same questions were
raised in the Chicago Federal League |
suit, which was decided in favor of /
the present defendants.
From his point of view. Pepper said |
that the Baltimore club seemed to be /
seeking Reimbursement for an unsuc-
ceseful business venture which was
failure through no fault Of the de-
PENDANTS
Hands Gentle SPannInE."
Pepper gave the Baltimore club
gentle ''pRnning" for attacking the
national agreement as violatiye OF the
trust laws when IT had twice tried TO
become parties to IL. The main OBJ
3ect OF the Feds in seeking recogni-
tion as a third majo league was to
participate in the blue ribbon event
OF baseball, the world series, said
Pepper.
The refusal OF organized baseball
70 admit the Feds as a third big
league was not with the motive to
monopolize the sport. but to keep
game up to the highest standard, and
20 restore public confidence which
had been somewhat weakened by
verbal attacks from the Feds, said
Pepper
League Il Represented.
At yesterday's session the American
League was well represented by Ban
B. johnson, president of the league:
Benjamin F. Shibe, president OF the
Athletics: Thomas 8. shibe, vice presi-
dent OF the Athletics: Manager Con-
ME Mack and Hughey Jennings, who
iE in this city with HIS Detroit Tigers.
National League representatives in
ciuded John K Tener. league presi-
dent and former governor OF Pennsyl-
vania; John A Heydler, secretary and
treasurer OF the league; Charles II.
Ebbets, president OF the Brooklyn
club and prominent double header ad-
vocate; William F. Baker, president
OF the PhilIies: Percy D. HAughton,
president OF the Boston Braves and
prominent in baseball, football,
racquet, and club circles; August
Hermann, president Of the Cincinnati
club and chairman OF the National
Commission. and Samuel II. Clement,
5r-rsecretary OF the PhiIlies.
ExoNERATE REVoIRE.
SHENANDOAH, Pa, June l2.-An