New-York tribune., 1918-02-19

payers union, secured from Supreme
Court Justice Finch an order requiring
frazee, who is president Of the Boston
American League Baseball Club, to
SHOW cause this morning why he shoald
not be punished for contempt of court
Frazee is charged with having failed to
comply with a court order on February
last.
Yesterdays development was the
aftermath of case of long standing
which was fought out through various
courts for several years past. The
original charge was presented by the
fraternity on behalf Of player Kurt
w. Hagerman. released by the Red Sox
IN 1912 in violation of contract, ac-
cording to the Fraternity's charge.
Through the law firm of Murphy &
Fultz the Fraternity last November
finally secured Judgment for S2.3l6.56,
player for salary. together with inter
est and costs. AS the judgment was
not paid. Justice BLUR last month
signed an order requiring Frazee to
submit to examination as to the clubs
holdings. The date for this examlna-
tion was set for February 2. Mr..
Fultz yesterday submitted to Supreme
Court Justice Finch an affidavit stating
that the order to appear on February
had been served on Frazee at his
Offices, 1857 Broadway.
Result Of Baseball War
The Hagerman case, which sprang
into being during the war between
organized baseball and the defunct
Federal League, assumed at the time
rather unusual Importance. 1t was de-
signed to test the validity of organized
baseball's form of contract at time
when star major league players had
opportunities to better themselvesv
financially by repudiating such instru-
flents. The original finding, which ia
vored the player, or rather the Fra
ternity. and from which an appeal was
taken Immediately, had much to do
with prompting the powers of organ
lied baseball to make certain changes
in the phraseology of contract terms.
With the assistance Of the best legal
advice, these documents have been
amended several times within the last
few years, until now they are sup
posedly impervious to legal attack.
However that may be, Frazee, in
way, must be regarded as the innocent
victim of another's fault, if fault there
were. 1t was not until nearly four
Harry H. Frazee assumed control of
the Red Sox. Indeed, Joseph J. Lannin.
former president of the Red Sox, fell
heir to the trouble he passed along to
the present Boston president. from J.
Garland Stahl, Robert Mercy and
others who controlled the club when
Hagerman was let out of Boston.
This case developed from an attempt
of Boston to exercise its prerogativc
vested in baseball law to transfer Ha-
german to a minor league club. The
to the player, attempted to slash the
salary stipulated in the CONTRACT that
bound the player to the Red SoXs When
Hagerman refused to accept q new con-
tract at lower salary he was suspended.
He sued the Boston club for the amount
due on his original contract from the
time Of his transfer to the sticks.
Tempest in Teapot"
1t will doubtless be found to-day that
the court order FultZ has just secured
at the expense of Frazee will prove but
a little tempest in a teapot. 1t was
learned on excellent authority yester
Gay afternoon that Mr.. Frazee already
had forwarded his check in full to the
legal representative of Hagerman.
There appears to have been no dispo
sition to evade the law.
Ed Barrow. former president of the
International League and now manager
of the Boston Red SoX, devoted yestcr-
day to moving his personal effects from
the minor league Offices, at 81 Wander
bilt Avenue, to Harry II. Frazee's suite,
in the new Brokaw Building.
Barrow will leave for Boston to-day
to assume charge of the Red Sox. He
will be in the Hub practically con-
tnuously until the players leave for
Hot Springs, Ark, on the training trip.
Manager Barrow refused to discuss
his plans before he had had an oppor-
tunity to look over the ground from
personal observation. He displayed no
temerity, however, on the Hub out
look for 1918.
Manager Miller Higgins of the
Yankees may be out on a still hunt
for big game, but he is not neglecting
the home Office by any means. Higgins
yesterday ordered the transfer of
couple of pitchers on whom his club
had strings to the St. Paul club of the
American Association. These were Dan
Triple, with Richmond last season,
and Cliff Markle, who served with the
Toronto club, champion of the Inter
national League.
"Big Find of West
Tipplc, it will be remembered. came
out of the Association two years ago
heralded as the big find of the Mid
die West. He failed to show in fast
company. as the result of sore arm
contracted from overwork following
his sale to the Yankees. Captain Til
Huston and Scout Joe Kelley, each ac-
cuses the other of having saddled this
bird on the locals. Markle made
great hit here in the closing weeks of
1915. 1t is said that preliminary sue
cess so turned his head that no CITY
was big enough for him thereafter.
The New York club evidently ex-
'crelsed claims on these minor league
pitchers. to save them from being de-
clared free agents in case the Inter
national League should decide to dis
band at its next meeting, March 25, as
now seems certain. The st. Paul club
evidently must have valuable inside in
formation on their worth Both are
spitball pitchers and the spitball has
been legfs1ated out of the American
Association.
Norman W. Pitt, big pitcher pur-
chased from Portland, Me-, last fall,
has sent in his signed contract to the
Brooklyn National League club. Pitt
will accompany the Dodger battery
men to Hot Springs, Ark, ahead of
the main squad.
Lieut.. Reimerth i'm Aviation
Charles r. Reimerth. the former