The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1922-05-29
BALL ABOVE LAW.
1t Is Not Engaged in Interstate
Commerce, Court Says.
Sherman Antitrust Law Won't
Apply TO Baseball Trades.
BALTIMORE CLUB LOSES SUIT
Asked for 100000 Damages"
on "Restraint of Trade"
District of Columbia Verdict
Awarding $4,000 Invalid.

Awarding 100000 Invalid.
WASHINGTON. May 29.-Organized
baseball. as conducted by profession
al clubs under the national agreement
the supreme court held today is not
are not liable under the sherman
antitrust law.
The decision of the court was a vic
tory for organized baseball as against
the defunct federal league and sets
aside the verdict OF the District OF
Columbia supreme court awarding the
Baltimore club damages of S24O,OOO
against organized baseball.
Baseball is something that thrlVes
on contests but not often have the
disputes OF the diamond reached the
supreme court of the United states as
in the Baltimore Federal league base
ball case. AItho the case was unusual
in the history Of the nations highest
tribunal those present in court during
arguments recall that several or the
justices displayed surprising familiar
ity with the more intricate features Of
the national game
\ FetieraI League Suit.
The case was a civil proceeding I'M
der the Sherman antitrust law
brought by stockholders in the Balti-
more club OF the defunct Federal
league to recover alleged DANA ges
suffered by the dfsbanding of the
league after a stormy life The dis
banding occurred under what is gen.
orally known as the peace agree
ment-" The proceedings were inStf-
tuted in the District Of Columbia SUI
preme court September 20. 1917. after |
a similar action brought in Philadei- I
phia had been dismissed on motion of |
counsel for the Baltimore club
Orga nized baseball operating under 1
the commonly termed national agree |
ment was charged by the Baltimore /
a-I-f inc dan rcrsas
amounting to $500. 00O. with mainte- !
nance of a monopoly of the baseball 4
business In restraint Of trade between /
the various states
The Baltimore club alleged that if 4
had been DANA ged to the extent IF
100000 on account OF the failure of
the Federal league The district su-
prerne court upheld the Baltimore
clubs contentious in the main ard
returned verdict OF damages
amounting to $4,000 which under
sherman antitrust law proceedings
IS trebIed
The court of appeals of the district
reversed that decision and dismissed
the case on the ground that profes- /
sional baseball is not Interstate COM
merce- The Baltimore club then ap- !
pealed to the supreme court.
The supreme court of the United
states was called upon to decide more
than whstheF the Baltimore rclub+was
entitled to recover $4,000 damages
AANAAA VI EaAl4LFtl DaSEDdll- a ueClSlOn /
IN favor Of the Baltimore club meant
that the government altho not par
ticipating in the case would be able if
Il chose to proceed criminally against
monopoly in restrain of interstatc =:
commerce in violation of the sherman 3;
acc.
Used White Slave Law.
Counsel for the Baltimore club be-
fore the supreme court argued that
the court having held constitutional
the white slave traffic act on the
ground that the transportation of in
d1Vlduals across state lines constituted
interstate commerce over which con-
sress had Jurisdiction there could be
no doubt that the transportation nv,
CUBS OF professional baseball PLAYERS
across state lines in filling schedule
eI1sa Eements also was interstate COM I
{ The travel incident to professional ,
hasebaIt counsel for the big league ]
lohtenoed, Is not the end in view hut
merely the means Of getting the I
payers where contests are scheduled {
10 he played The mere fact that I
players habitually and neceSSa r;Iv I
cross state lines does not constitute !
iegaily n material circumstance it was {
INSISTED Nor does the transportation {
or para phernalia. an incidental and {
feature. strengthen tbe-fn- {
terstate contention. counsel asserted. | {
my more than does the carving by- \
he physician and the surgeon of in I
struments from one state into another I
render them subject TO federal juris- {
iiction. '
Is Above the Case. [
The worlds championship series.
the browning feature OF the national
game. was possible only under the / 7
rational agreement. the court was told
BY Senator Pepper of Pennsylvania.
: no, as counsel for organized baseball 7
presented TO the court a tense recfta- 1
ion Of how the game is played. !
There is no statute which can be con- 4
'trued as applying to com binations to I
regulate sport. the Senator stated. un-
eSs congress has plainly indicated it's !
to give il that scope. which
: did not do in the Sherman act"
Whether organized baseball Is
ibove the law or the law above it." I
vas the question which the court must {
iecide. counsel for the Baltimore club =
declared. adding that the contention !.
II orEanfzed baseball that the court q
will be slow to construe a statute en-
lcted to promote free competition IN
field in which competition is the q
ife OF trade. as applicable TO this case c
n which life depends not upon COM O
petition but upon the complicated and n
restrain and regulation e
hereof" presented the only defense
which the big leagues could advance. r
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