New-York tribune., 1919-11-13
Cincinnati Man
Wrestles With
Baseball Law
Paying OF of Cleveland
Players With Mays Case
Pending Worries Garry
By w. ]. Macbeth


Armed with several volumes of
Blackstone. copy Of the constitution
md bylaws CT the American League.
The sheaves of affidavits that were used
n the Carl Mays case and Justice Wag-
ler's recent ruling thereon. Chair
man August HERMANN, OF the National
Commission, Achilles-like, retired into
ais tent st the Waldorf-Astoria Hotel
yesterday afternoon TO consider the
most serious taugle that has ever con-
<ronted organized baseball's blue stock
nged families.
Ny. Hermann frankly admitted. af-
Ter glancing at the American League
constitution, that the National commits
on may have been precipitate in pay
ing over to the Cleveland players their
share OF the recent world = series spoils
IN view Of the fact that the money al
eyed due to the Yankees was withheld
aecauSe of q protest from President
Frank j. Navin, of the Detroit Tigers.
The commission had no authority from
sny one connected with the American
league, not even President Ban John
son, to pay the money to Cleveland. 1t
took for granted that Cleveland was
entitled to second place money because
newspaper ratings were unanimous In
placing Speakers club in that position.
Lost Two Games 10 Indians
But Navin's protest, made On the
rround that the newspaper standing Of
the Yankees might be affected if the
Games in which Carl Mays participated
we're eventually thrown out, might
likewise affect the official standing of
the Cleveland club, for Mays won only
one game from tho Indians and lost
TWO to them.
in Withholding ~ money from New
York the commin-.on intimated that
possibility existed that the Yankees did
not finish third. yet in the admission
took no thought of the effect that
might be produced in Cleveland's stand
ing. This, Chairman Hermann admit
Ted, was plainly a bone" Further
moro Mr. Hermann seemed satisfied
atter pcrusing the American League
constitution that the chief power of
tAls league, unlike that Of the National,
vas vested in the board Of directors
4nd not in the chief executive This
constitution, which was framed by MIR
iehnson, then, apparently strips him Of
he authority he claims as his right
n the recent litigation-a claim which
ustlce Wagner appears to have denied.
Mr.. Hermann has an appointment
rlth John A. Heydler, the National
1eague president, for this morning BY
mat time he hopes that he and Mr.
lieydler will have an opportunity 10
Agest the evidence of the recent in
lnctlon proceedings, the American
leagues constitution and bylaws and
ustice Wagners ruling.
Both Hermann and Heydler are of
ne opinion that Mr.. johnson. as an in
crested party, will not have a vote in
ne disposition of the case. They wish
however, to afford him the courtesy of
waiting his arrival here. which is ex-
3ected to-day or tomorrow.
May Recognize Yankees Claim
Admissions of Mr.. Hermann make
appear that he personally is some
hat apprehensive that the National
commission might be reached on a
cnarge of contempt if it failed to act
avorably upon the request to pay the
ankees which was submitted in writ
.ng by the board of directors after
hey had awarded third place to the
New York Americans.
The order from the board came sub
'equent to the ruling Of Justice Wagner
Which recognized the power of the
7oard of directors greater than that of
ne league president. This point it is
kelly Messrs. Heydler and Hermann
VII argue at length this morning.
-eanwhlle, it will not be at all sur
rising if the commission recognizes
ne claims of the Yankees before the
reek end
In the mean time, while little is be-
e said on the subject, it is known
nat the National League wings of the
commission are attempting to bring
toeether the warning factions of the
american League. 1t is felt that if the
preach is not bridged Immediately a
ar Is likely to develop that will shake
organized baseball to its foundations.
While Chairman Hermann has not
aeard officially from the annual meet
ing of the National Association (or
conference of the minor leagues) now
n session at Springfield, Mass, he ex-
pressed an opinion that unless the
meeting favored q return to protec-
ton Of the old peace agreement the
little minors might break away from
me Glass AA and Class A leagues.
The small minors are desirous of hav-
ing the draft restored, as it has always
proven great source of revenue.