Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-02-07
WILL SETTLE RULE
OF COMMISSIONER
Current Issue Is Seen as a
Possible "Dred Scott"
Decision of Game.
BY the Associated Press.


~ HICAGO, February Fed
eral Judge Walter c. Lind
~ ley had retired to his
home at Danville, ILL.,, to-
day to ponder over mass Of evil
dence in an effort to reach de-
cision that may break or will re-
affirm Kenesaw Mountain Lands
dictatorship over organized base
ball.
Judge Lindley decided late yesterday
to take under Amusement the MllWau-
kee American Association Clubs pc
tition for an injunction restraining
Lands from interfering with the trans
fer of Outfielder Fred Bennett to the
st. Louis Browns.
The plaintiff in Thursdays session
asserted Lands had exceeded his
authority by ordering that Bennett re-
main with Milwaukee, a ST Louis farm
club. when the Browns attempted to
recall him last Summer. Bennett pre-
viously had been moved, around among
several other minor league clubs con-
nected with the st. Louis organization.
Attorney George Miller, the commits
sioners legal representative, yesterday
argued that Lands is absolute ruler of
organized base h7ll by power given him
by the major and minor leagues
CAS- long as MI Lands is commits
sioner those clubs belonging to the or
ganization known as the National As
ISOLATION of Professional Base Ball
Leagues must abide by his decisions"
Miller asserted. The commissioner
does not have to wait for complaints.
If he suspects anything detrimental to
the best interests of base ball it not
only is his right but his duty to inves-
tigate and take whatever remedial or
punitive action he deems necessary"
In the case of Bennett, Miller said,
Lands was we'll within his rights in
ordering st. Louis to waive the player
to the other Is major league clubs or
release him outright either to Milwau-
kee or to any other minor club that
might want him. Even if that action
was wrong, the attorney insisted, the
ST. Louis and Milwaukee clubs would
be forced to accept it because of the
absolute powers they conferred upon
the commissioner when he accepted
Office in 1921"
Note Writing Duel.
He also presented arguments seeking
to prove that Lands had been given
absolute power.
The hearing also revealed note
writing duel between Commissioner
Lands and owner Phil Ball OF the ST.
Louis club, last Spring, after the former
had become interested in the various
shifts of Bennett.
On April 9. 1880, Lands wrote to BAH
asking when he had assumed control OF
the Wichita Falls club Of the Texas
League, one of the teams to which Ben
nett had been shifted.
Several days later Ball wrote to ask
the commissioner by what authority he
was inquiring into the personal stock
holdings of any one.
Lands wrote again on April Is. say
ing he had no personal interest. put
that base ball came under his Jurlsdic-
ton. Balls reply was to ask again where
the commissioner got his authority.
Lands answered by quoting the rules
of base ball, and Ball ended the ex-
change by writing "since you are so
technical. I will have to refer the ques-
ton to my attorney"
No Early Decision.
Judge Lindley gave counsel for both
sides ten days in which to file briefs,
and indicated that he would need con-
siderable time before reaching Ndecl-
sion.
Lands did not appear at either hear
ing. and Bennett, the cause OF the
action, was called only briefly. His at
torney, David Stansbury, argued brlefly,
referring to the current issue as pos
sible "Dred Scott" decision OF base ball.