The journal. (Caldwell, Ohio) 1934-1961, 1958-07-17
M GlaAhlnqton
with Rep. John Henderson


Midsummer 'rhubarbs" on the
baseball diamond have seldom
equalled the recent heated de-
bate during the consideration of
legislation on how our antitrust
laws should apply to professional
team sports.
Since 1890, the arguments on
whether professional baseball is
a business or a sport have con-
tinued. If it were to be consid
cred a business, the antitrust
laws would certainly apply and
the practices of the procurement
of players, and many other
aspects of the national game"
today, would be subject to close
review and change in the Federal
Courts. While the Supreme Court
has upheld its decisions exempt
ing baseball, it decided in 1857
that professional football is a
business operating in interstate
commerce and must be subjected
to antitrust regulation. This, of
course, opened serious questions
with respect to professional bas-
ketball and ice hockey, as well.
Since the Supreme Courts
decisions were confusing, clarity
ing legislation was required and
the House of Representatives has
taken the first step toward pro-
viding this Qualification. The
argument ragged over exactly
how the law should read to best
protect the public, the profess
sional club owners, and the play
ers.
A version was finally agreed
to which expressly exempted
from the antitrust laws prac-
tices which relate to the sports
aspects of all the professional
team sports. This would include
the equalization of competitive
playing strengths: the employ
ment, selection, or eligibility of
player contracts; the right to
operate within specified geo.
graphic areas; the regulation of
rights to broadcast and telecast
games; and the right to take
action to preserve public con-
fidence in sports contests. Com
mercial practices involving such
things as the granting of con-
cessions and the sale and pur-
chase of stadiums would be sub
ject to antitrust laws. The right
of players to join together for
the protection of their mutual
interests was also guaranteed.
This is a far milder bill than
had been proposed originally.
Future sessions of Congress may
hear more on this question since
tougher legislation has powerful
spokesmen in the House.
Transportation Problems
Transportation problems and
safety have received considerable
attention during the present ses-
sion of Congress. The recent ira
gic series of airplane collisions has
caused new concepts of flight
safety to be rushed to Capitol
Hill for action. Highway safety
| programs have also received
| priority attention New laws APP
| plying to the operation of small
boats are now in the works.
Perhaps the most far-reaching
legislation affecting mass trans
portation, however, is that APP
plying to the nations railroad
system. Despite the tremendous
contributions of other forms OF
| transport, our railroads remain
the backbone of the transporta-
ton in the nation. 1t is difficult
to overemphasize their impor-
tance to the functioning of ou1
economy in virtually every com
munity, let alone their impor-
tance to national defense in time
of emergency.
Within the past severa
months, Congressional committee
hearings have brought to light (
shocking record of difficultie.
which have pressed many rail
roads into most precarious fl
nancial circumstances and, il
some cases, threatened theil
ability to continue their service
To meet this emergency, Con
gress enacted legislation to as
sist. However, it does not ap
pear that the problems can be
actually solved at all satisfac
torily by this legislation. 1t is
at most, an emergency gesture.
In addition, the Federal gov
ernment does bear an importan'
responsibility to thoroughly re-
view the weird system of restric
tions and regulations imposed
upon railroads over the years
This should not mean moves to-
ward Federal subsidies. 1t means
that when present regulatory
policies are found to have lost
their meaning and have become
punitive and harmful, they
should be changed for the sake OF
reason and fairness. Then, the
railroad industry can work out
many of its own problems.