The Washington herald., 1920-12-07
Organized Ball Not Subject
To Restrictions and PEN
alties of Sherman Anti
Trust Law Supreme
Court May Review Case.


As played and conducted by or
ganized baseball clubs it is not sub
ject to the restrictions and penalties
carried by the Sherman snti-trust
law.
The District Court Of Appeals said
so yesterday in declaring that the
Federal Baseball Club of Baltimore,
Md, an alleged outlaw organlZa-
ton. was not entitled to recover
s264.00O damages from organized
baseball because the latter, 1t was
alleged. squeezed" them out OF
business by mopopolistic methods.
This decision ends, for the time
being, nearly three years of litfga-
tion. In the lower court. the Balti-
more club obtained verdict OF
S240.0OO and counsel fees OF S2O.ooo
were ordered paid by organized
baseball. This decision Is reversed
and the case remanded for a new
trial and a decision not inconsistent
with yesterdays opinion. delivered
by Chief Justice Constantine J.
Smyth.
of equal Importance with the
courts definition of the national
pastime as sport, not commerce, Is
its opinion regarding the mooted
reserve clause" operation Of which
the plaintiff in the original suit
claimed to be "monopolistic." This
Is the clause in players contracts
providing that after service of one
year the player will enter into
new contract for the succeeding
season at a salary to be determined
by the parties to such contract
Breaking of such contracts may re-
suit in the players being placed
upon an ineligible list" preclud-
ing his playing on any club OF the
league unless reinstated.
The reserve clause and the pub
lication of the ineligible lists, to-
Cether with other restricted provi-
sions," says the opinion of the ap-
pellate court, had the effect Of de-
terrfng players from violating their
contracts, and hence the Federal
League and its constituent clubs, OF
which the appellee was one, were
unable to obtain players who had
contracts with the applicants; IN
other words. those things had the
intended effect, viz. of preventing
players from disregarding their OBJ
legations On these proyisions-au
having for their purpose the pres
ervation by each club Of its nsces-
sary quota, and no more, Of play
ers-rssts the gravaman Of ap-
pellee's case"
The operation of these provisions,
the court holds, did not offend
against the antitrust law.
An atteml will be made by coun-
sci for the Baltimore club to get
the case before the Supreme Court
OF the United States for review.
NEW YORK, Dec. 6.-Baseban
men here were delighted this after
noon on receiving the news from
Washington that the Court of APP
peals of the District of Columbia
had reversed the decision of the
District Supreme Court in the Bal
timore Federal League suit and
saved the major league clubs S264,-
600. But aside from the big sum
involved the moral effects of the
victory is appreciated even more
by men like John Heydler. president
Of the National League; Col. Rup-
pert, president Of the Yanks; Judge
McQuaide, treasurer of the Giants,
and Charley Ebbets OF the Brooklyn
club.
Coming at this time, the value of
the decision cannot be measured in
dollars and cents" said Heydler joy
fully. There is nothing which has
happened in baseball in years that
has given me greater pleasure, and
after we have received so many
knocks lately it is good to get good
news for a change.
What is especially vital in the
Washington decision is that for the
first time in baseball history, the
legality Of the reserve clause is up
held by a high court. The Court Of
Appeals decided that the reserve
clause in players contracts was nee
essary to preserve discipline.
The Court of Appeals also ruled
that baseball was not interstate
commerce. That has been our con-
tention for years, though it was
on this exact point that the Bal
timore Federal League club received
its aware two years ago. In in
structing the jury, Judge Stafford
made 1t a point that baseball was
involved in giving exhibitions while
travelling from State to State, and
therefore came under the definition
of interstate commerce. Further
more, he. said, the reserve clause
and ineligible lists proved that
baseball was operated in violation
OF the Sherman law.
In justice to Judge Stafford, I
will say that in instructing the jury
he added: 1t is possible that i am
wrong in this connection. If 1 am
wrong I can be corrected by a high
er court: but il you are wrong, your
error cannot be corrected
"A higher court now has correct
cd Judge Stafford's instructions and
IL takes a great weight of our minds
to know that We are not operating
against the law Of the land and
that baseball is-not interstate COM
merce. but sport, and that the re-
serve clause. absolutely necessary
to baseball. is legal"
This is the most peculiarly ap-
propriate time for the Washington
court to grant this decision. 1t
could not have been timed better
Just as we are about to draw up
a new constitution for the sport we
receive this splendid message.
"It now will be able to draw up
a new national agreement with the
full knowledge that We may incor-
porate the reserve clause into our
supreme law. And that threatened
TO be quite a trouble-maker. While
every baseball man knows that the
reserve clause is absolutely essen
tial to the sport. 1t would have been
difficult matter to insert the re-
serve clause into the agreement at
ter the supreme court of the Dis
trict OF Columbia had ruled 1t IL
legal.
you can say for me that this is
the biggest boom for baseball in
years. and the effects of this decision