The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1920-12-07

IIldt DAillHOTe INItTeStS are HoJ Z
a'''n~d"d nv the lower court.
AS p result OF this decision the ca
Will go straight to the United state
Supreme Court either upon a writ OF
error or writ OF certiorari. This
was announced by Charles a. Doug
las, Washington. counsel for the Bal
Il more Federal League officials.
The whole issue involved in the
matter. 1t was explained by Douglas
Is whether or not baseball is legally
interstate commerce. II the higher
court holds that it is. as did the DIS
trict Supreme Court, the Baltimore
interests will recover the amvunt of
damages fixed in the original pro-
ceedings.
II the Supreme Court sustains the
finding of the District Court OF APP
peals to the effect that baseball is not
interstate commerce. Baltimore inter-
ests will have lost It's case and no
damages will be assessed.
CONFIDENT OF WINNING.
1--WE are absolutely confident that
the United States Supreme Court will
take our view of the matter" Doug
las said, land will reverse the find
ings of the Court of Appeals. We
have not decided whether we will
take the case to the highest court on
a writ OF error or certiorari. This
will be determined by a consultation
of counsel According to the usual
course Of cases OF this sort it will be
a year before we get a final decision"
The opinion of the Court of Appeals
holds, first, that baseball is not inter-
state commerce and cannot be so re-
garded, since nothing but players are
|, transferred from one state to an
other: and. second. that the reserve
clause in the has ball contract does
not create a monopoly.
ART AND SKILL.
The court said that baseball play
ers were not unlike lawyers who tried
cases in different States. but who
could not, because of that fact be re-
garded as engaging in interstate com
merce. The comparison also was
made to the giving of grand opera or
other theatrical performances. II
was merely an exhibition of art and
skill, and the fact that the players go
from ono State to another does not
involve interstate commerce in the
sense of selling goods or transport
ing com modities
NEW YORK. Dec. baseball
took a new lease on life today.
A decision of the Court OF Appeals
OF the District of Columbia re-
versinC n verdict won by the Balti-
more Fcderals and sustaining the
reserve clause. Is the biggest boost
the game has had in years.
As a result of the verdict the
work of the Joint major and minor
league committee which meets here
SATURDAY. to revamp the government
of the game and adopt new ma
tional agreement has been greatly
simplifed.
"The verdict is going to prove a
great boom for the. game" said John
Heydler, president of the National
League, today. 1T Ia also going to
leave the Joint committee untram-
melted in drawing UP our new ma
t,onai agreement The UNFOLDING Of
the legality of the reserve clause
and the decision that baseball is not
Interstate commerce but genuine
sport could not have como at a
more opportune time.
Everybody knows that without
the reserve clause we could not OPP
crate. Tho court has appreciated
that fact, too, and the fact that We
must have tho clause to force dis
cipline. This, at least, Is what II
comes down to in the last analysis"
The decision also means that here
after baseball men will have no
fears OF going into court to defend
themselves or protect their rights.
Formerly the reserve clause did not
look overly strong In court. IL
was once attacked on the ground
that IL was Ieonage.