BASE BALL AND TRAP SHOOTING VOL. 64. NO. 22 PHILADELPHIA. JANUARY 3O, 1915 PRICE 5 CENTS TRUST CASE IN JUDGE'S HANDS The Issues in the Suit Brought By the Federal League Against the* Two Major Leagues of Organized Ball Well Threshed Out Before Judge K. M. Landis, Who Reserves His Decision . j-lHE Base Ball Trust Suit came to which was intended mainly for VM against I ^ "* I trial before Judge Kenesaw M. those enemies operating from within, though I I I Lapdis, in the United States Dis­ it was used also against the Federal League; trict Court, at Chicago, January the third was found in the rules regarding 20, with a host of lawyers, mag- contracts; the fourth in the alleged "black­ 5^ nates, and base ball notables of var­ list,'* and the fifth styling as "outlaws" and ious degree, present. The members "contract jumpers" its opponents. of the National Commission, Messrs. Herrmann, Johnson and Tener, were present, flanked by EXCESSIVE COMMISSION POWER counsel, which included George Wharion 1'ep- The National Agreement's rule that it is in­ per and Samuel L. Clement, of Philadelphia;' dissoluble except by unanimous vote admits .Judge Williams, of New York; attorneys of but one fair deduction, acording to Addi- Oalvinum v 111 andiuiu. -Kinkead,r\. - (ii i\cuu, ' ofVL- ' Cincinnati;v/i*i^iuiiaii<" ' of Chi-and«u» soii, first, that it provides against competi­ George W. Miller itnd John Healy, of Chi­ tion from within; second, that players may bo cago. President Gilmore, R. B. Ward an<l held as they come and go, and third", that the William K. Robertson represented the Kcd- supply of players may be controlled. Because the Agreement gives the National Commission the right to penalize violators of its rules ; Rives it the power to change or add rules, and also the right to judge differences between. clubs and players, of leagues, Addington de­ commerce; that the individual defendants clared it possessed legislative, judicial and be enjoined from interfering with players now executive functions. under contract to the Federal League; that RESTRICTION OF PLAYER LIBERTY contracts with players made under the Nation­ al Agreement he declared null and void; and Addington took issue with the affidavit in thiit the National Agreement and the National which Herrmann intimated that reservation, Commission be dissolved. Organized Ball's of players was u matter of individual con­ answer was a general denial of the charges tract. He insisted th-mt the National Agree­ that it is a Trust within the meaning of the ment covered reservations in addition to the Shenuan law: and the specific defense was individual contracts. "A ball player is never based on Section G of the Clayton act recently a free agent," he said. "If he progresses at passed by Congress, which reads: "That the all it is by being bought, traded or drafted. labor of a human being is not a commodity or Even when a club releases him he is not a article of commerce.'' The defendants con- free ngent. The contract which fixes his lend that as Organized Ball deals only in la­ wages does not hold when he is transferred to bor it cannot violate the anti-trust law. The the minors.' ' Addington cited the cases of charge that \Vceghman, Ward and Gilmore arc Al Sweitzer, released by the St. Louis Ameri­ not altruistic in bringing their suit, was cans to Memphis ; Pfeister, of the Cubs, re­ made, and evidence presented to show that leased to Milwaukee, and others. He declared Ward and Weeghraan sought to gain admis­ that the power of the National Commission, sion to Organized Ball by buying the New was absolute and wielded without mercy until York Americans and the Chicago Nationals, the Players' Fraternity worked reforms. respectively, and only failing in this, did they DRAFTING AND FARMING PLAYERS try to have tlip National Commission declared Although the old practice of ' 'farming'* a trust. Following is a report of the pro­ players has been ostensibly abandoned, the ceedings day by day: lawyer said it had been succeeded by a prac­ tice which worked out in practically the same The Arraignment of Organized Ball way. "Through it all the player is hapless," Before a crowd of spectators that filled the he said, "and the system which makes him so United States District Court and spread over strikes at the very root of American institu­ flay­ the wide corridors, the Federal League, on tions." Attorney Addington particularly Wednesday, January 2p. opened its anti-trust ed the draft rule. He termed it "gambling, suit against the three highest bodies of Or­ speculating an 1 a pernicious practice striking ganized Ball. Both sides waved the technical at the Tery heart of our American institu­ question of jurisdiction raised by Judge Lan­ tions." "By means of it," he declared, "the dis and counsel for both parties declared their COL. JACOB C. RUPPERT major leagues send one player to the minors willingness to stand on their written appear­ to bo "farmed out," and then by August 15 Next President of the New York American League Club either get a better player for him or lake the ances. The principal points of attack in the with Captain Hu«4on. re­ opening address of Keene H. Addington were Col. Jacob 0. Ruppert. at New York nty, who, in conjunction same man back.' ' Mr. Addington said that cently purchased the New York ' America1) I-eague flub. Is a roan of great wealth and many since the organization of the Federal League the power of the National Commission, which activities, and Ills entrance Into base bill was at the prompting of a lifelong and consistent the Federal League attorney described as it had been observed that the National Com­ love for sports of all kinds. But as a business proposition also, Mr. Uuppert mil doubtless sot been much more liberal in grart- judicial, executive and legislative, and the his money's worth, for long experience as the manager of one of the biggest brewing industries mission had rules of the National Agreement, under which of the State and country has made him an acute business man. Twenty yearn ago Col. Rup­ ing the appeals of players. He pointed out the American and National Leagues and the pert took up horse racing and put JiOO.CCO in thoroughbreds, which ho got out again, as he that in 1913, 51 appeals by players out of a National Commission maintain relations with bought shrewdly and managed well. Be an ' his father are the owners of the biggest and total of 7ti were denied by the Commission. the minor leagues were cited to show the ex­ best equipped stud of trotters in the East the Hudson lUfcr Fami. near Pouahkecpaie. In ' 'Last year,' ' said Addington, ' 'when the tent of that power. addition. Cot Ruppert owns himself tb? most considerable kennel of St. Bernards in tha Federals were stronger, only 21 were denied, cost him $*300. Ool. Taippert'* experience ATTACKS INSTRUMENT OF POWER Kaat. one of his stud iloi*. Scottish Prince, having while 26 were granted." as op owner of nico horses began in 1391 and extended over a period of ;»ix yeaj-s. He took ATTACKS WAIVER RULE Addington cited features of the National part in racing in its golden aye, Uie conpctitors for Its honors and distinction^ being men Agreement, decisions of the National Com­ of national fame and honor, who took ra'iiig seriously aa a great ?port. Mr. Ruppert's friends At the afternoon session Addington mission, and general practices of base ball are Unanimously of opinion that he will make as big a success tn his base ball venture as in a large portion of his address to an attack on all of his other undertakings. The career of Col. Ruppert has been a very interesting one the waiver and draft rules and practices. He authorities to show that the game is govern­ of Uie great FUippert enterprise ed by a group having almost absolute power, orer a period of years. Me has risen to be the active head declared the waiver rule vested control of the from Uie humblest of beginnings, having worked hl» way from the lowest nmg of the ladder. players not alone in the club he serves, but with authority to make laws, jndge of infrac­ He was br>rn in New York City on Augu.it '. 1867, the son of Jacob and Anna (Oilligt Rup­ tions of the laws, and impose penalties for in­ also in other clubs. His chance of becoming pert. The subject of this sketch is interested in several laiigre enterprises other than the to Add ing- fractions. Addington declared the National Ruppeit Brewery, among which is the A*U>ri* Silk Works, of which lie is president. The a free agent is slight, according Agreement provided a series of weapons for Yorkrille Bank numbers hint among it« dtrertors. < He is also a dlrwtor of the Ortnan Hos­ ton, since it requires action of many different use against the "enemies of Organized Ball," pital and other organIzatifjnH. His eluba arc the Catholic. Lamb*, l-arrhmonl Yacht. Jockey. entities. Addington charged that the waiver among whom it placed, he said, any persons New Yorl; Yacht. Sleepy Hollow, New York Athletic. Lotos, and Manhattan Clubs; gie Lieder- method is used as a means of humiliating or who went against its rules. The first weapon, kranz and Arioti societies, etc. disciplining a player and then brought in the be said, was the 4 Nat ion a I Agreement itself, charge mjde in an affidavit by Mordecai »sed to keep in line the parties to it; the sec- Brown that when President Murphy, of the tad WM the rule regarding territorial rights,* Chicago National!, sold him to Louisville, || SPORTING LIFE JANUARY 30, 1915 was with the agreement that Brown nerer fendants already drawn into the courtroom.