The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-04-13
SJUDGE AND JURY SAY
F. BASEBALL ISATRUST
e. -
Award of $50, 900 Damages to
Baltimore Club Staggers
iT&0 Major Leagues.
tssMAY HAVE TO DISSOLVE
ia!. -
Threaten to Garry Case to Su-
preme Court-Plaintiffs
May Recover $4,000.
sssMAY HAVE TO DISSOLVE

NEUTRALITY-SUSPICIOUS., April 12-organized
s,abaSeball. which since the inception of
ssAaeaNa,ionai League in 1875. has sue
aeSesfully avoided court proceedings. and
.ftAs1 been IA law unto itself, to-day re-
TteiEed a staggering blow from the jury
IN The case of the Baltimore Federal
sr1lSague Club against the American and
SsNntonal leagues and certain officers OF
fs'the defunct Federal League for $780,
I. o00,, The verdict was in favor OF the
ssTfaintiffs, who had attacked the de-
ssRndants on the ground that they con-
Ssstituted n trust. and damages were fixed
ut $50 900. As the suit was brought
e5nffder the Sherman antitrust law the
lrd5fnages will be trebled, making the
sSy9tal amout $4,000 il a final judy
sfHient Is entered.
ss1 Tbe jury deliberated about six hours.
s.tHrnediately after the verdict was re-
T-tirned counsel for organized baseball
Is,hhnounced that an appeal would be
Htsken to the District of Columbia Court
Of Appeals and. II necessary, to tho
sssFnttsd States Supreme Court.
s@The officials OF organized baseball,
.ssJrfost OF whom have been in this city
'astsstifSing In the suit, were stunned
sShould the verdict stand the structure
-rof organized baseball would crumble
for under the law 1t would have to DO
y dissolved and a new form OF organi-
xation substituted.
ssscr,
gleeIp his written instructions to the
= Jury Justice Stafford said:
The Federal statutes declare that
any person who is injured in his bust
ness or property by reason OF anything
,.done in violation of the antitrust laws
ss.of the United States IN entitled to re-
sS,coser damages. The acts OF the de-
PENDANT, alleged and proved, by way OF
az maintaining the system OF organized
!. baseball constituted in law an attempt
10 monopollze the business of competitive
baseball exhibitions for profit and as an
iDseparable part thereof to monopoliZe
- commerce between the States and were
done In violation OF the antitrust laws
- III such acts injured the plaintiff in
~ its business or property the plaintiff is
,steptItled to compensation.
In respect to these acts alleged to
have been committed by the defendant
with particular reference to the Federal
- League. and for the purpose OF remov-
ling that league as n competitor by per-
a. shading its officers and members to
- break up the league. IL such acts were
committed as charged. for the purpose
. and with the intent OF removing and
M thereby rerfectlng the monopoly at
tempted to be created by the general sys-
III, tenn of organized ball referred to- such
Aacts were done in violation of the anti
strust laws; and II and In so far as
Srsthey did in fact inture the plaintiff in
It's business or property, the plaintiff is
entitled to recover compensatory dam
ages"
Suit Started I'm 1917.
"a The suit was instituted in the District
-,Sypreme Court September 90, 1917. i'm
,smediately after a similar action brought
~ in Philadelphia had been dismissed on
emotion of Major Stuart S. Janney, chief
.tcounsel for the Baltimore cub who gave
E.as his reasons that evidence produced
s during the trial OF the case showed that
Sthe Baltimore club had acquiesced In
sSthe arrangements for dissolving the Fed
s.ersl League In December. 1915.
a.Sa Trial OF the suit here began March
7-t25.. The defendants named included the
HNstional and American leagues and their
z, constituent clubs, August Hermann,
q chsirman. and II. II. Johnson and John
X. Tener. members OF the National
"a Baseball Commission when the Federal
y League collapsed; James A. Gilmore,
former president OF the Federal League
~ttfsharles f. Weeghman, president OF the
yfChicago Federal League club, and Harry
Sinclair, president Of the Newark. n. J..
- Federal League club. II was charged
- that Gilmore. Weeghman and Sinclair
't-nsd entered into conspiracy with or
.--gartized baseball having for its pur-
R9se the dissolution Of the Federal
s.Lgsgue.
= Organized baseball was charged with
maintaining a monopoly OF the base
ball business in restraint OF trade be-
,9tpeen the different States. The Balti-
~. more club alleged that II had been dam
ys.Rged to the extent of 100000 on ac-
count of the failure OF the Federal
: League, and that under the provisions OF
ths, Sherman antitrust law II was en-,
fitted TO three times this amount
~. witnesses at tho trial included the
.rszleAdegs OF organized baseball, among
xsthem President Johnson of the American
ssfI4essue August Hermann. president OF
4tbe Cincinnati National League club
and Cornelius McGillicuddy, president OF
the Philadelphia American league club.
~ Attacks Reserve Clause.
With the elimination OF the seserve
ksFule. which is the backbone Of organized
baseball, the players would be free
agents and could not be held by the
clubs to which thty are reserved. This
- would produce a chaotic condition and
e confusion would result.
-ff7aWhile the baseball officials are con.
.iafiutnt they can obtain a reversal OF the
verdict Just rendered, they declined to ex.
FTpress any opinion as TO what they would
800 IF the ruling is sustained in higher
- courts
- It was pointed out that three year.
SsSE3 when the Federal League first in
Etituted a suit against ohrgauized base
ball Judge Lands In Diminishing tn,
-S-case advised tho litigants that II they
were NSSSe they would settle their dis
s.p,Ites outside OF the courts. II wal
taken as a significant hint to the efrec
that II case against the present form
OF baseball law ever was pressed to
decision in court the result would b,
disastrous TO the organization.