Page:Lippincotts Monthly Magazine-40.djvu/329

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IS THE BASE-BALL PLAYER A CHATTEL?
315

and finally got their full pay; but the others lost the month's wages. But now, the most extraordinary part of all, after formally releasing the men, the same clubs claimed and were conceded the right of reserving them for the following year.

The third step was of a more serious nature; for, though no violation of contract, it was the beginning of the present odious system of buying and selling players. As the pecuniary returns of the game increased, the value of the individual player was enhanced: the strength or weakness of one position made a difference of thousands in receipts, and this set the astute managerial mind at work. Some scheme must be devised by which these gaps might be filled. It finally dawned upon him that this continuing claim upon the player's services was much akin to a right of property. Why, then, might this not be bought and sold, as are other rights of a similar nature?

Having found a purchaser, it would be only necessary to obtain the player's consent and the sale might be made. The result was a series of deals by which players were disposed of in this manner. Since the player's consent was obtained, it may be said that he was in no wise injured; but there were really two serious dangers. The first was that the club would be tempted to force the player's consent in one of the many ways at its disposal,—which, in fact, was frequently the case; and the second was in the part which the reserve-rule played in the transaction. If the buying club received a claim for the remaining term of the player's contract only, the price would be regulated accordingly and the deal perfectly legitimate. But a fictitious value was always given, because the buying club bought not only the player's services for the unexpired term of his contract, but the right to reserve or sell him again. It is not, then, the ordinary assignment of a legal contract-claim for future service which makes the price, but the anticipated operation of the reserve-rule. The rule is, therefore, being used not as a means of retaining the services of a player, but for increasing his value for the purpose of sale. This is a clear perversion of the original intent of the rule. The assertion of any such claim at the time of its adoption would have killed it then and there. The clubs claimed that the right to retain the services of a valuable player was necessary for the conservation of the game, and with that understanding the players tacitly acquiesced in the seizure. They never received any consideration for the concession; and when the Chicago Club sells Kelly for ten thousand dollars it simply makes that sum out of Kelly, for which it has never given him the slightest consideration. Kelly received his salary from Chicago (or such part as was not taken out in fines), and earned every dollar of it several times over, and yet the Chicago Club