The Birmingham age-herald., 1922-05-30

Contending that 1t had been the victim of a conspiracy by which the officials of the Fcdsgarl league had sold out" to the National and ths American leagues, the Baltimore club entered the federal court at Phiia- delphia, but permitted its suit 70 lapse pending negotiations with rep- resentatives of organized baseball for a satisfactory settlement. Failing it instituted suit under the Sherman act in the courts of tho District of Columbia, claiming triple damages for the losses 1t had suffered. when the Federal league disbanded.
 verdict for sso,ooo was obtained before jury in the supreme court in the district which was treblcd under the sherman act and mads s24o, 900. but this was set aside by ths district court of appeals.
 The opinion of the supreme court, delivered by Justice Holmes. held that games by teams in the national agreement arc purely state affairs
 The transportation of players was described as "a mere incident. not the essential thing"
 Not Called Trade
 That to which it Is incident. ths exhibition, although made for money,' 1t added. would not be called trade or commerce in the accepted use of the words"
 Personal effort.' constituting ths professional game. is not related to nrndfarfiAn itfu anId ia not subject of commerce."
 That which in its consummation Is not commerce." he declared. does not become commerce among tha states. because the transportation that we have mentioned takes place.
 A professional baseball player n travelling the circuit, he continued. Is no more engaged in interstate com- merce that would be a firm Of law yers sending out member to argue case or chautaukua lecture oa- reau sending out lecturers" Tn neither case, Justice Holmes pointed out, does the person engage in conn merce simply by going into another ] state.
 Players Made Slaves | The contracts by which the Balti- more club alleged professional ball l players were made "chattel slayes" l was given approval by the court l which declared the restrictions by contract that prevented the plain tiff tthe Baltimore club) from get ting players to break their bar- gains" was not an interference with commerce.
 Justice Holmes. who recently ceie- brated his S1 birthday held the crowded courtroo min suspense as
 
 the nature of the business involved" in the attack made upon organized baseball.
 The clubs composing the leagues are in different cities he explained. flor the most part in different states The end of the elaborate or-s ganizations and suborganixations that are described in the pleading and evidence is that these clubs shall play against one another in public exhibitions for money, one of the other clubs crossing state line in order to make the meeting pos- s.ble. When as a result of these, contrasts one club has won the pen nant Q. it's league and another club has won the pennant of the other league, there is a final competition for the worlds championship be- tween these two"
 Repeated Travelling
 'Of course, the scheme requires constantly repeated travelling on ths part of the clubs" the justice con- tinued, which is provided for, con- trclled and disciplined by the organi- zstions and this 1t is said means commerce among the states"
 But tho court quickly disclosed that it intertained no such view. Tt is true tha in order aaoBciavss .da IS true that in order to attain for these exhibitions, the great popu- lsrity that they have achieved, com peions mus be arranged bwn petitions must be arranged between clubs from different cities and states" Justice Holmes added. "Rut the fact that in order to give exc hibitions the leagues must induce free persons to cross state lines and must arrange and pay for their do- ing so as not enough to change tha character of the businesS.'