South Bend news-times. (South Bend, Ind.) 1913-1938, 1918-07-15
BOSTON DRAFT BOARD
RULES BASEBALL Is NON
ESSENTIAL INDUSTRY


BOSTON, July 15.-BasebaH was
classed as a non productive occupa-
ton by the Brighton local draft
board sunday in deciding a test case
brought BY John Park Henry, catch
er for the Boston National league
baseball team. against Provost Mar
shall Gen. Crowder's work or fight"
rules. The board found that the
amount of relief from war strain
furnished by the game was over
estimated by the registrant in his at
fdavit and that basebalrs financial
contribution TO the war was no larg-
er materially than the voluntary
sacrifices of many millions of citi-
zens'
All three members Of the board
are agreed IN the finding that base
ball is a nom productive occupation,
but one of them, Justice Thomas II.
Connolly. recommends that Catcher
Henry be not required TO change
his occupation on the ground that
he could not do 30 without sub
stantial financial loss to himself or
others"
Henry. Justice Connolly finds, is
paid $3.50 a month for playing base
ball and lis not qualified TO take up
any other occupation, which from
financial standpoint, would be com
parable 10 the compensation he re-
ceives in his present occupation
Interprets "Others" Clause.
Justice Connolly also interprets
Others" who would be financially
injured by Henry's removal from the
game TO include not only dependent
members Of his family but also his
employers
The majority of the local board,
in disputng Henrys claim that
baseball is necessary as ahording
needed recreation and i'm contriOut-
ing 10 the conduct OF the war by
taxes, the purchase of Liberty bonds
and other contributions. say:
we believe that the continuance
of the business of the resistrants
employers is secondary 10 the win
ming Of the war. and that they must
necessarily expect 10 make some
sacrifice. that the welfare of the
Resistant is amply provided in
manufacturing business located in
Amherst Mass. which ne controls
and that ne and they must neces-
sarilv expect 20 share in. the sacri-
nces that are being demanded OF
American citizens. that the amount
of recreation and relief from the
stress and strain derived from base
BAN by those who are not going -
war or who are not employed in
lines Of industry that viii contribute
90 the winning of the war. is great
lv over-estimated because resistant.
and finally that the proportion OF
the earnings of himself and his en-
ployers that goes into war tNNes.
Liberty bonds and other war cOntri-
buttons is no material measure. lars
er than that of many millions OF
citizens Who already contributed gen
erously nor only with their money
but with their flesh and blood
Makes Careful Investigation.
The board states that II made
careful inquiry into the measure Of
recreation furnished by BIZ league
baseball and found that only 10 per
cent Of the seating capacity of the
Boston. pittsburgh and -. Louis
baseball marks was taken up at the
games July 3 and that on the hoh-
day. July q. the seating capacity
used was only 33 per cent
The board covers the' district In
which Braves neld the homie OF the
Boston Nations is situated. and sub
mus It's finding 10 Henry's home
draft board in Amherst. which is 20
decide further upon Henry's status.
10 concludes its 6nding With the
statement that IL is reluctant 10 rec
ommend the withdrawal of his de-
ferred classification in MS case.