“Judges are like umpires.... And I will remember that it’s my job to call balls and strikes.”
Chief Jus ce [then Judge] John G. Roberts, Confirma on Hearing on the Nomina on of John G. Roberts, Jr. To Be Chief Jus ce of the United States, Senate Judiciary Commi ee, 109th Cong. 55 (September 12, 2005) Baseball is as American as the red, white, and blue flag. As a na onal pas me, it’s a part of our society’s fabric, changing over the years and reflec ng the mes—from home‐grown teams to professional franchises, Baseball’s Unofficial Anthem from contractual bondage to free agency, from discrimina on to inclusion. Take me out to the ball game, Take me out with the crowd; Yet it has provided a constant. No ma er the troubled me—world wars, Buy me some peanuts and Cracker Jack, Great Depression, na onal disasters—baseball has been there to give us I don't care if I never get back. something to cheer about. Baseball’s unofficial anthem (right) describes Let me root, root, root for the home team, the American rela onship with the sport. If they don't win, it's a shame.
For it's one, two, three strikes, you're out, The Eighth Circuit enjoys a rich role in baseball’s history. We are home to major and minor league teams and a host of Hall of Fame players. We are At the old ball game. the birthplace of the Negro Leagues and home to the Minneapolis (Lyrics by Jack Norworth, 1908) Millere es, a 1944 team in the All‐American Girls Professional Baseball League. And we are the soil of the modern farm system developed by Cardinals field manager Branch Rickey in 1919 to train players in minor St. Louis Browns playing the Chicago Cub in St. Louis ballpark, Robison Field, 1907 leagues for the majors. (Chicago Daily News collec on, Chicago History Museum; Library of Congress) Major and Minor League Teams in the 8th Circuit
Professional teams have come and gone here since the 1800s, while some have stayed. The Eighth Circuit is currently home plate to three major league and nine minor league teams.
Major League Teams Currently in 8th Circuit Team’s History St. Louis Cardinals, 1900–present St. Louis Perfectos, 1899; St. Louis Browns, 1892– 1898; St. Louis Browns (AA), 1883–1891; St. Louis Brown Stockings (AA), 1882* Minnesota Twins, 1961–present Washington Senators, 1901–1960 Kansas City Royals, 1969–present
*Disambigua on: The first St. Louis Brown Stockings were members of the Na onal Associa on in 1875 and charter members of the Na onal League in 1876–77 before folding. The Milwaukee Brewers moved to St. Louis in 1902, renaming themselves the St. Louis Browns. In 1954 they moved to Bal more to become the Orioles.
Minor League Teams Currently in 8th Circuit MinorLA = Minor league affilia ons, MajorLA = Major league affilia ons
ARKANSAS Arkansas Travelers, 1895–present Cedar Rapids Kernels, 1890–present Quad Ci es River Bandits, 1960–present Li le Rock, Arkansas Cedar Rapids, Iowa Davenport, Iowa Double‐A (1966–present) Single‐A (1890–present) Single‐A (1960–present) MinorLA: Texas League (1966–present), North MinorLA: Midwest League (1962–present), MinorLA: Midwest League (1960–present), Division Western Division Western Division MajorLA: Los Angeles Angels of Anaheim (2001– MajorLA: Los Angeles Angels of Anaheim (1993– MajorLA: St. Louis Cardinals (2005–present) present) present) MISSOURI Northwest Arkansas Naturals, 1976–present Clinton LumberKings, 1954–present Springfield Cardinals, 2005–present Springdale, Arkansas Clinton, Iowa Springfield, Missouri Double‐A (1987–present) Single‐A (1954–present) Double‐A MinorLA: Texas League (1987–present), North MinorLA: Midwest League (1954–present), MinorLA: Texas League (2005–present), North Division Western Division Division MajorLA: Kansas City Royals (1995–present) MajorLA: Sea le Mariners (2009–present) MajorLA: St. Louis Cardinals (2005–present)
IOWA Iowa Cubs, 1969–present NEBRASKA Burlington Bees, 1924–present Des Moines, Iowa Omaha Royals, 1969–present Burlington, Iowa Triple‐A (1969–present) Omaha, Nebraska MinorLA: Midwest League (1962–present), Western MinorLA: Pacific Coast League (1998–present), Triple‐A (1969–Present) Division American Conference ‐ North Division MinorLA: Pacific Coast League (1998–Present), MajorLA: Kansas City Royals (2001–present) MajorLA: Chicago Cubs (1981–present) American Conference ‐ North Division MajorLA: Kansas City Royals (1969–Present) Judges seem to have an affinity for baseball. According to Ross E. compliance with sportsman‐like behavior, much as laws are wri en Davies, law professor at George Mason University, federal and to ensure compliance with good societal behavior. state judicial opinions refer to baseball more than any other sport (Baseball Research Journal, Fall 2009). Supreme Court Jus ces share a well‐storied devo on to baseball. Eighth Circuit Jus ces Alito and Blackmun are no excep on. Perhaps it’s because baseball and Anglo‐American law share English roots. Baseball began in England as a gentlemen’s sport The Eighth Circuit’s judges are fans too. In fact, among our judges with a sense of fair play and jus ce. Rules were wri en to ensure are former professional baseball players and rela ves of the greats.
8th Circuit Justices 8th Circuit All Stars Eighth Circuit Jus ce Samuel Alito, a long‐ me Philadelphia Eighth Circuit Phillies fan, once dreamed of Court of Appeals being baseball commissioner. Judges Richard S. His chambers is decorated and Morris S. with Phillies memorabilia, Arnold are first including a replica of the cousins to Connie Phillies’ 2008 world Mack III, grandson championship flag. In 1994 he of baseball legend a ended Phillies Phantasy Connie Mack Camp where he got to play (1862–1956). ball with Phillies players and They are related was awarded the Silver Glove through Morris Award as the best fielder in Sheppard, U.S. a endance. Senator from Alito baseball card from Texas from 1913– Phillies Phantasy Camp 1941 and Eighth Circuit Jus ce Harry grandfather to the three. Blackmun of Minnesota was Above: Connie Mack, 1887 (Library an avid Minnesota Twins fan. of Congress) Above right: Judge Richard S. He authored Flood v. Kuhn, Arnold famous for its sen mental Right: Judge Morris S. Arnold tribute to baseball which chronicles the sport’s history and names many of the U.S. District Judge Jimm Larry greats. As the dra opinion Hendren, Western District of was circulated among the Arkansas, was a minor league jus ces, they noted which of catcher in the St. Louis Cardinal their favorites had been Organiza on at Keokuk, Iowa; omi ed. To sa sfy his Daytona Beach, Florida; and colleagues, Blackmun revised Dothan, Alabama. the list to 88 names. A er the opinion was published, an astute law clerk pointed out In honor of Flood v. Kuhn, Green Bag editors that the New York Giants’ U.S. Bankruptcy Judge Kathy Surra ‐ fashioned Blackmun’s bobblehead with bat and ball and a baseball cap in the Twin’s Mel O was missing. States, Eastern District of Missouri, is a colors. Blackmun exclaimed, “I’ll cousin to Alfred "Slick" Surra . Slick was Among Blackmun’s never forgive myself.” an ou ielder for the Kansas City Monarchs judicial papers is a note from 1949–1951 passed supposedly from under Buck O’Neil Jus ce Po er Stewart, a and was chosen to devoted Cincinna Reds barnstorm with fan, to Blackmun during Satchel Paige. He was oral argument the week also one of the of the Na onal League original founders of playoffs in 1973: “V.P. the Negro Leagues Agnew just resigned!! Baseball Museum in Mets 2, Reds 0.” Kansas City.
It has been said that baseball rules are like statutes, the strike zone is like the Cons tu on, and judges are like umpires.
“Judges are like “While not rules of umpires.... And I will “It’s like the Cons tu on….The strike zone law or equity, baseball remember that it’s my is a living, breathing document.” rules are like penal Umpire Gary Cederstrom job to call balls and statutes, specifying strikes.” offenses and Umpire Tim Tschida on the strike zone, seemingly corresponding well‐defined in the baseball rulebook: punishments.” “What it says is very clear. And we’ve
Chief Jus ce [then Judge] John G. Roberts, s ll been figh ng for 25 or 30 years
Confirma on Hearing on the Nomina on of
John G. Roberts, Jr. To Be Chief Jus ce of the over what it means.” Jared Tobin Finkelstein, Commentary, In United States, Senate Judiciary Commi ee, Bruce Weber, The Deciders: Umpires v. Judges, N.Y. Times, July 12, re Bre : The S cky Problem of Statutory 109th Cong. 55 (September 12, 2005) 2009 Construc on, 52 Fordham L. Rev. 430, 435 (1983‐1984)
Background images in quote boxes above courtesy of Chicago Daily News collec on, Chicago History Museum; Library of Congress.
Judges from the Eighth Circuit made these major “calls” in federal baseball law. Flood v. Kuhn, 407 U.S. 258 (1972)
St. Louis Cardinals centerfielder Curt Flood was no fied that he had been traded to the Philadelphia Phillies in 1969. He pe oned Baseball Commissioner Bowie Kuhn to be made a free agent but was denied his request. Flood filed an an trust suit against Kuhn that went to the Supreme Court. It challenged the Major League Baseball’s reserve system which enabled ball clubs to “reserve” their players under a perpetual series of one‐year contracts.
Jus ce Blackmun, formerly of the Eighth Circuit and wri ng for the Court, conceded that baseball’s longstanding an trust exemp on was Sample fantasy baseball site, fanduel.com, visited July 20, 2010. anomalous with other sports but upheld the exemp on as judicially imposed in Federal Baseball Club of Bal more, Inc. v. Na onal League C.B.C. Distribu on and Marke ng, Inc., v. Major of Professional Baseball Clubs, Inc., 259 U.S. 200 (1922) and Toolson v. League Baseball Advanced Media, 505 F.3d 818 New York Yankees, Inc., 346 U.S. 356 (1953). He declared that only (2007) and 443 F.Supp.2d 1077 (2006) Congress could end it. C.B.C. Distribu on and Marke ng (CBC) brought Congress ul mately heeded Blackmun’s words, enac ng free agency suit against Major League Baseball Advanced with the Curt Flood Act of 1998. Media in the Eastern District of Missouri for the right to use the names and performance sta s cs of major league baseball players in its online fantasy baseball products without being licensed.
U.S. Magistrate Judge Mary Ann Medler upheld that right. On appeal, Eighth Circuit Appeals Judge Morris S. Arnold, wri ng for a unanimous court, affirmed. The circuit court, unlike the district Above: No ce to Player of Release or Transfer, court, found that the use of names and sta s cs a form used to no fy Curt Flood that his contract was assigned to the Philadelphia for a commercial purpose was sufficient to baseball club, Oct. 8, 1969 (Na onal Archives) infringe on the players’ rights of publicity under Missouri law. It agreed with the district court, Le : Le er from Curt Flood to Bowie Kuhn, however, that “CBC's first amendment rights in sta ng that he had the right to consider offers offering its fantasy baseball products supersede from other baseball clubs before signing a contract, Dec. 24, 1969 (Na onal Archives) the players' rights of publicity.” The Negro Leagues were born on Eighth Circuit land in the early twen eth century, following years of par ally‐integrated and then segregated baseball.
African American players have been a part of baseball since the beginning of its rise in the United States. The emancipa on of African American people from slavery coincided with the increasing popularity of baseball in the 1860s through the 1880s.
Moses Fleetwood Walker (le , middle row) with Oberlin College’s first varsity baseball team, 1881. His In those early years, before major league organiza on of baseball, brother Welday “Weldy” Walker is in the top row, not all teams were segregated. Some teams had both black and second from right. (Oberlin College Archives) Some military teams remained integrated a er the white players. African Americans played on amateur, college, ban on African American players in the major leagues. Moses Fleetwood “Fleet” Walker was a scholar‐athlete The U.S.S. Maine ba leship’s baseball team included military, and company teams, many all‐black, some of which who played varsity baseball at Oberlin College and the pitcher William Lambert (back row, far right), c. 1898. would remain as ins tu ons for decades. Segrega on was University of Michigan. In 1883, he joined an integrated (Library of Congress Prints & Photographs Division) rampant but not universal. minor league team, the Toledo Blue Stockings. A year later, they joined the American Associa on and became a professional league. With that, Walker became the In 1887, the Interna onal League banned future contracts with first African American professional baseball player, black players, and by 1890 teams were fully segregated. As Jim along with his brother, Welday Walker, who was also Crow reached baseball, a gentlemen’s agreement among team on the team. His last professional game was in 1889, as African American players were no longer allowed in the owners ensured that African Americans were not allowed to play major leagues. on major or minor league teams.
All‐black professional teams had been developing concurrently, however, including the St. Louis Black Stockings, the St. Paul Gophers, and the Minneapolis Keystones. During the Great Migra on of the early twen eth century, baseball con nued to increase in popularity among African Americans, and some of the teams that appeared during these years would later become famous in the Negro Leagues. In 1909, the St. Paul Gophers beat the Chicago Leland Giants in the “World’s Colored Championship,” a prototype for the later Negro Leagues World Series.
In 1900, the Cuban League began admi ng black St. Paul Gophers, c. 1909 (Na onal Baseball Hall of players. This development did not go unno ced in the Fame Library, Cooperstown, New York) U.S., and many of the best African American players would go on to play on both Cuban League and Negro League teams. The Cuban League’s history of integra on contrasts starkly with that of professional baseball stateside. The Chicago Defender wrote of Rube Foster on October 4, 1919:
The Founding of Above: Rube Foster playing for
the Chicago Leland Giants, 1909
the Negro Leagues (Chicago Daily News collec on, Chicago History Museum; Library
of Congress) Historians consider the start of the Negro Leagues to be “It has been his dream for years to see men of February 13, 1920, when Andrew “Rube” Foster and a his Race have a circuit of their own. There was a group of baseball magnates met at a Kansas City, rumor that he would take his team to New York Missouri, YMCA and founded the Negro Na onal League. City and an offer was made to him to build a park . . . . But Mr. Foster wanted to be where he The newly‐formed league included the St. Louis Giants could do the most good to develop a permanent (later Stars) and the Kansas City Monarchs. Foster, a baseball circuit, and that was in the West, his notable player in the pre‐Negro Leagues era, had pitched hometown, where he is loved and admired and for the all‐black St. Paul Gophers on occasion. where he put baseball on the map.” The 1920s were a golden age for the Negro Leagues. The St. Louis Stars were aptly named, including among their lineup the extraordinary centerfielder James Thomas “Cool Papa” Bell, of whom Satchel Paige said, “He was so fast he could turn out the light and jump in bed before the room got dark.”
Barnstorming, in which teams traveled and played exhibi on games in front of large crowds, was a major feature of Negro League baseball. St. Louis Stars, 1928 (Negro Leagues Baseball Museum) Teams went from town to town, o en playing all‐white teams and winning. These exhibi on games drew thousands of fans. A er the Eastern Colored League was formed, the first Negro League World Below: Players for the Monarchs (le ) and Hilldale Giants (right) line up for the Negro League World Series, Oct. 11, 1924. The cap on states “Opening Game,” but the photograph was Series was held in 1924. The Kansas City Monarchs played the Hilldale Giants taken just before Game 5, a er the series had moved to Kansas City. (Library of Congress of Darby, Pennsylvania. The Monarchs won, five games to Hilldale’s four. Prints & Photographs Division)
Kansas City Monarchs, c. Like many organiza ons, the Leagues struggled during the 1950s (Negro Leagues Depression, but innova ve tac cs helped them flourish in the Baseball Museum) 1930s and 1940s. Barnstorming con nued to be popular, and audiences came to see clown teams, legi mate teams that also did tricks and entertainment to complement the ballgame. Meanwhile, independent teams like the Li le Rock Black Travelers played outside the Leagues.
1933 marked the first Negro Leagues East‐West Game, an all‐ star compe on played every year at Comiskey Park in
Chicago. It was soon considered more important than the “Slick” Surra , Negro League World Series, and in some years a racted close Kansas City to 50,000 fans. Monarchs ou ielder and Negro Leagues During this era, the Leagues produced some of their greatest Baseball Museum stars, such as Satchel Paige, who notably played for the great co‐founder Kansas City Monarchs in the 1940s, and a er integra on played for the St. Louis Browns. Satchel Paige pitching for the St. Louis Browns, 1952 (Photographed by Robert Lerner for LOOK magazine; Integration and Inclusion Library of Congress Prints & Photographs Division) “Everyone says, ‘Isn’t it a shame that Satchel Paige didn’t play Below: LOOK magazine ar cle on Branch Rickey’s signing of Jackie Robinson, Mar. 19, 1946 (Library of with all the great athletes of the In 1945, Brooklyn Dodgers manager Branch Rickey Congress Prints & Photographs Division) major leagues?’ But who’s to (formerly of the St. Louis Browns and Cardinals) sought say he didn’t, playing with us? out another Kansas City Monarchs player, Jackie Below: Jackie We played the white teams, and Robinson. Robinson was signed shortly therea er, and Robinson in uniform for the Kansas City we won most of the me. We baseball’s color barrier finally fell. The integra on of Monarchs, 1945 thought we were the best, but baseball was an influence on the burgeoning Civil Rights (Library of Congress nobody knew it but us. I feel Movement. The Negro Leagues, however, con nued to Prints & Photographs Division) sorry for all the white baseball operate through the 1950s, producing future major fans of that era, because they leaguers like Willie Mays and Hank Aaron. didn’t get to see us play. But
don’t feel sorry for any of us.” The Negro Leagues Baseball Museum was founded in
the early 1990s by a group of players who included John “Buck” O’Neil, former Alfred “Slick” Surra . The museum is located in Kansas Kansas City Monarchs player City, Missouri, home of Negro League Baseball, and and first African American coach features extensive mul media exhibits about the in major league baseball Leagues and their historical context. Lithograph of a man headed to a Vassar College’s first baseball team, the ballpark where the Boston Bloomer Resolutes, 1876 (Special Collec ons, In 1866, freshman students of Vassar College were the first women to Girls are playing against the "Local Vassar College Libraries) pick up bats and form teams. A number of collegiate women’s baseball Nine," 1904. (Library of Congress Prints teams followed, based on the Vassar model. However, several of these & Photographs Division) clubs lost their support a er mothers and doctors expressed concern over the risk of injury. In 1867, the Dolly Vardens of Philadelphia became the first professional black women’s team.
Two Philadelphia teams, the Red and Blue Stockings, were formed in 1883. These “Bloomer Girls” broke new ground, barnstorming across America and challenging local town, semi‐pro, and minor league men’s teams, and frequently winning. Though the teams chiefly consisted of women, each team’s roster included at least one male player. One such player was Roger Hornsby, who played for the Boston Bloomer Girls and would go on to become a star hi er for the St. Louis Cardinals.
Women’s teams con nued to form and increase in popularity, but the In addi on to being required to wear most striking development was the 1943 introduc on of the All‐ skirted uniforms, players in the All‐ American Girls Professional Baseball League (AAGPBL). Since so many American Girls Professional Baseball men had been dra ed for World War II, professional baseball’s ranks League a ended “charm school” and were depleted. Philip Wrigley, owner of the Chicago Cubs, came up received instruc ons on a beauty with the idea of an all‐women’s league. Hundreds of women tried out, rou ne and e que e. These extended and several teams were immediately introduced in the Midwest, from makeup ps to exhorta ons to use including the Minneapolis Millere es. The AAGPBL was very successful deodorant and care for one’s cu cles. during the war but dissolved in 1954. The charm school manual also stated, “We ask you to follow the rules of behavior for your own good as well as
Above: Helen Callaghan (later Helen Callaghan that of the future success of girls’ Candaele) played five seasons for the baseball.” Minneapolis Millere es. (Kerry Candaele)
Toni Stone
Toni Stone had dreamed of playing baseball since she was a child in the 1930s in St. Paul, Minnesota. When she confessed to a local priest that she wanted to run away to join a baseball team, he offered her a spot on the boys’ Minneapolis Millere es, AAGPBL, 1944 (Courtesy of the Center for History, South Bend, Indiana) parish team instead. As an African American woman, Stone was not eligible for the all‐white AAGPBL. She played in Though support for women’s athle cs increased a er the passage the Catholic League and on the of Title IX in 1972, women’s baseball never enjoyed the same level barnstorming circuit before she would of broad na onal support as it had during World War II. Women make history as a Negro Leaguer. have played college varsity baseball and girls have played in the Toni Stone playing for the Indianapolis Clowns (Negro Leagues Baseball Museum) Li le League, but female professional baseball players like Ila In 1953, Syd Pollock, owner of the Borders (who played for the St. Paul Saints and the Duluth‐ Indianapolis Clowns, was looking for a replacement for Hank Aaron, who had Superior Dukes) have had to look outside Minor and Major League recently gone on to MLB, someone who would be sure to bring in fans. He signed Baseball for success. Umpire Pam Postema reached the highest Toni Stone. Stone played while dealing with hos lity and harassment from male level in the minor leagues and umpired MLB spring training games players and journalists. She ba ed .364 in 1953, the fourth highest average in the a er being invited by commissioner Bart Giama , but saw her league. contract canceled a er Giama ’s death. In 1993, the Colorado
Silver Bullets became the first women’s professional baseball Stone’s contract was sold to the Kansas City Monarchs, and she played into 1954 team since the AAGPBL, but the team folded in 1997. but re red from the Negro Leagues shortly therea er, when it became obvious that the Leagues were ending. She would play and coach baseball well into her Other ins tu onal venues for women’s baseball have emerged, six es. Toni Stone loved to tell the story of the me she went to bat against and women do play on a na onal and interna onal level. None, Satchel Paige. “Hey, T, how do you like it?” he said. “It doesn’t ma er,” Stone however, have the support or visibility of the men’s Minor and replied, “just don’t hurt me.” She got a hit and laughed all the way to first base. Major League Baseball system.
Selected Bibliography
G B H Baseball Almanac ‐ The Official Baseball History Site. Web. 11 May 2010.
B L "Aside: The Common Law Origins of the Infield Fly Rule." University of Pennsylvania Law Review 123 (1975): 1474. Print. Irwin, Richard L. "A Historical Review of Li ga on in Baseball." Marque e Sports Law Journal 1 (1991): 283. Print. Minan, John H., and Kevin Cole. The Li le White Book of Baseball Law. Chicago, IL: American Bar Associa on, 2009. Print. Tobin Finkelstein, Jarod. "Commentary: In Re Bre : The S cky Problem of Statutory Construc on." Fordham Law Review 52 (1983‐1984): 430‐40. Print.
N L Holway, John, Buck O'Neil, Lloyd Johnson, and Rachel Borst. The Complete Book of Baseball's Negro Leagues: the Other Half of Baseball History. Fern Park, FL: Has ngs House, 2001. Print. Lester, Larry. Baseball's First Colored World Series: the 1924 Mee ng of the Hilldale Giants and Kansas City Monarchs. Jefferson, NC: McFarland, 2006. Print. "Negro Leagues Baseball EMuseum." Welcome to the K‐State College of Educa on. Web. 16 July 2010.
W B Ackmann, Martha. Curveball: the Remarkable Story of Toni Stone, the First Woman to Play Professional Baseball in the Negro League. Chicago, IL: Lawrence Hill, 2010. Print. All‐American Girls Professional Baseball League Players Associa on. Web. 11 May 2010.
Prepared by . . .