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world and bring us on a collision course can emerge unscathed from another steel ther party would be required to accept with another depression. strike.
the recommendations. I feel very much flattered that the These stands at the 1-foot line are Third. Authorize the President to seek Senator approves of what I have done, dramatic but they are exceedingly dan appointment by a Federal court of a but, above and beyond that, I welcome a gerous. For the fact is that existing law special receiver to operate the struck strong ally such as the Senator from gives the President very few alternatives facilities to the extent necessary to proIndiana in what must be a most con- when faced with such a labor crisis. tect the national health and safety. sidered course of action which would Shall he invoke the Taft-Hartley Act This bill leaves unchanged the 80-day take, in my judgment, a great deal of and again postpone the crisis, hoping injunction provisions of the act-it support from outside of Britain to help that in the next 80 days the parties will merely adds additional remedies if all in this very grave crisis in which our accomplish what they could not during else fails. oldest, and in many ways, most produc- the last 80? That is a possibility, but if Under this proposal, the parties are tive ally, finds itself enmeshed.
the 80 days run out and the dispute is left free to bargain as long as they deem By no means is it true that Britain not settled, the Government of the
it necessary in order to reach a freely cannot help itself a great deal. However, United States will then be utterly pow- bargained settlement. If receivership it will need help from others and from erless under existing law to avoid a re- becomes necessary, both parties operate the United States.
sumption of the national emergency, and under a disability, for the union forfeits It seems to me that the United States there will be no effective means of pro- the right to strike, and the employer would help itself as well as the rest of tecting the public interest once the strike forfeits possession of his facilities. Both the free world by a vivid cognizance of is resumed.
have an added incentive to settle. The what is at stake. I hope that before very Or shall we temporize, as we did in the Federal Government has suggested what long, with the help of such distinguished 1963 rail crisis, by legislating an ad hoc a proper settlement would be, but the Senators as my colleague the Senator solution closely akin to compulsory arbi- parties are still free either to take that from Indiana, there will be a consensus tration? That, of course, is the prec- suggestion or reject it and bargain for and a crystallization of what the United edent with which we may be faced, but something else. In short, this proposal States needs to do in terms of helping it is surely most unsatisfactory. The is designed to make our existing instituthe United Kingdom.
rail solution itself has proved far from tions function more adequately with a Mr. HARTKE. Mr. President, I thank adequate, and if it becomes a precedent, minimum of Government decisionmakthe distinguished Senator from New compulsory arbitration may well sup- ing, but with a maximum of Government York for a penetrating analysis of the plant free collective bargaining--a re
concern and protection for the public problem, an analysis which deserves the sult which both labor and management interest. consideration not only of all Senators, would strongly oppose.
I cannot help bearing in mind and callbut also of the administration. This Or shall we just wait and see how bad ing to the attention of the Senate that suggestion comes from a member of the the situation will really become, hoping we are about to begin a debate on repeal opposition, one who is not of the same that we will be lucky again and the prob- of section 14(b) of the Taft-Hartley Act political persuasion as the administra- lem will somehow go away? Surely, we to give more rights to trade unions. I am tion.
have been lucky so far, for in 18 years for the repeal of section 14(b), but repeal Our proposal demonstrates an aware- we have rarely had to face the expiration of section 14(b) of the Taft-Hartley Act ness of the fact that we cannot put the of a cooling off period knowing that should not stand alone—there should be problem aside merely because we happen when the strike resumes, the President other amendments to it. And one of the to be riding a high plane of prosperity at will be powerless to protect the public leading ones, complex as it is, should be home.
interest. In 1963, when all the cooling a procedure in the Taft-Hartley Act to I point out one other factor that the off periods under the Railway Labor Act enable the Nation to deal fairly and efSenator from New York has made very had expired, we found ourselves in just fectively with national emergency plain. I hope that everybody under- that position, and the Congress, as a
strikes. stands the position that the Senator last resort, imposed a kind of compul
Yesterday I sent a telegram to the from Minnesota (Mr. MCCARTHY] and I sory arbitration. We took the problem President urging him to send a special are pursuing.
away from the parties at the bargaining message to the Congress calling for reviIt is our purpose to make sure that the table and let a third party write the con
sion of the emergency labor dispute protask of Britain will be no more difficult. tract for them. tract for them. We can do that again,
visions of the Taft-Hartley Act along the They have a responsibility to look after but only if we are prepared to begin to lines I have just discussed. I earnestly their own affairs. We should do nothing give up free collective bargaining, at hope he will act upon my suggestion. to make their position more difficult. If least in basic industries.
But we need not wait, for the need for possible, we should do everything we can
Fortunately, there is another answer- legislation is clear, and the time for acto help them alleviate the serious eco
and a good one—if we will only estab- tion is short. nomic problem which they are experienc- lish the proper procedures now so that
After all the legislation we have ening so that it does not come home to roost we are not forced to temporize when a acted this year to insure that our econwith us.
crisis becomes acute in a basic national omy will continue to expand and to Mr. JAVITS. Mr. President, I thank industry.
provide greater opportunities for all our the Senator from Indiana.
Last June I introduced a bill, S. 2135, people, surely we ought not to leave the which would give the President new and Federal Government powerless to pro
critically necessary powers to protect the tect the very prosperity which we have STEEL LABOR CRISIS SHOWS NEED public interest in labor disputes of a
all sought to build. I would hope, thereFOR PROMPT REVISION OF TAFT- national character, without in any way
fore, that the Labor Committees of both depriving the parties of the power to Houses of the Congress will schedule HARTLEY EMERGENCY LABOR
write their own collective-bargaining prompt hearings on this badly needed DISPUTE MACHINERY agreements. This proposed legislation
revision of our labor laws. Mr. JAVITS. Mr. President, I should would:
I close with the following personal aflike to say a word about the strike emer- First. Authorize the President to ap
firmation. gency in the steel industry. There is no point a board of inquiry to make public
I do not yield to anyone in being a question that the country is indebted to recommendations for a settlement based the President for his personal interces on factfinding. Under existing law, a
friend of organized labor. I have shown sion and for a stay of 8 days and a new board of inquiry appointed under the that on a thousand battlefields. I believe opportunity to seek to settle the strike. Taft-Hartley Act may make no recom
that I am a better friend of organized Yet despite yesterday's 8-day reprieve, mendations.
labor by giving the Government the rethe country is still faced with a labor Second. Authorize the President to sponsibility and the authority to keep the dispute of national emergency propor- order a 30-day freeze, during which both country operating rather than to give tions, for neither our military efforts in parties would be required to bargain upon any group the power to immobilize the Vietnam nor the health of our economy the recommendations—even though nei- Nation in its essential responsibilities, as in the war in Vietnam, and in its eco- In obtaining this reprieve and, unfor- Mr. MANSFIELD. I yield. nomic responsibilities respecting the tunately, at this point it is only a reprieve, Mr. JAVITS. I compliment the mabalance of payments, trade, and domestic the President has provided an essential jority leader on inviting attention—as employment.
breathing spell to the spokesmen of in- only one with the prestige of his high Accordingly, I beg of the trade unions dustry and labor. They will have, in position in Government can—to this vital and Members of Congress, and citizens these 8 days, an additional opportunity to problem. generally, to think about this situation fulfill their responsibilities not only to Everything I have said as to the need very carefully. It comes at an odd time, the segment of the American people for for Congress to prepare for this matter when we are considering repeal of sec- whom they speak but also to all Ameri
whom they speak but also to all Ameri- is entirely consistent with what the mation 14(b) of the Taft-Hartley Act. cans. The leadership of labor and man- jority leader has stated, in which I fully
I believe that the responsibility for agement in the steel industry are to be join and with which I fully identify the public interest beckons Congress in complimented for responding to the myself. the next 8 days. I hope that Members President's request which was made on
I also express the hope that the maof Congress will not sit with their hands behalf of the entire Nation.
jority leader may give thought and confolded and again find themselves in the It is recognized that a steel strike at sideration to the possibility of what embarrassing position of not knowing this time would deal a damaging blow to Congress can do to arm itself better what to do, and doing something wrong our prosperity and also to the defense of in order to meet these situations. at the end of a trying crisis, as happened the dollar.
At the same time, I thoroughly conin the railroad strike.
Close to 1 million men would immedi
cur with the majority leader in the praise Mr. MANSFIELD. Mr. President- - ately become idle.
to which the President is properly enThe PRESIDING OFFICER (Mr. Hundreds of thousands more would
titled, and in the expectation that those LAUSCHE in the chair). The Senator join in idleness as users of steel run out on both sides of this issue will see their from Montana is recognized.
of inventories. While steel inventories patriotic duty and do it within the next Mr. MANSFIELD. Mr. President, last are large overall, the lack of particular
are large overall, the lack of particular 8 days, by coming to some agreementSunday morning the Nation witnessed kinds of steel in particular places can even if they have to yield a point here the end of a devastating and destructive bottleneck major segments of produc
and there. maritime strike. I do not know how tion. I recall that Dr. Arthur Burns, who Mr. MANSFIELD. I appreciate the many hundreds of millions of dollars was Chairman of the Council of Eco
remarks of the distinguished Senator were lost during the duration of that nomic Advisers under President Eisen
from New York. I am sure that labor strike. I do not know how much was hower, said that the steel strike of 1959
knows it has no better friend than the lost by the shipping companies; but I do was a major cause of the 1960 recession.
Senator from New York. As he has said, know that the damage was tremendous We cannot have that again. What we
and said truthfully, he has fought labor's and very likely will not be made up by want and need, as the President said at battles on a thousand battlefields. His either side to the argument for many the leadership breakfast meeting this
record speaks for itself. Any suggestion years to come-if ever. morning, is a fair and just and noninfla
he makes is worthy of consideration, as At the present time, the President has tionary settlement.
is any suggestion made by any Senator. two problems of major concern. One is Mr. President, I ask unanimous con
I am delighted that he took the initiathe situation in Vietnam, which occupies sent to have printed in the RECORD a
tive this afternoon to give some of his practically every waking moment, and I statement issued by the President per
energies and abilities to a serious discusam sure disturbs him in his sleep as well. taining to this situation.
sion of this problem and its potentials, The other is the possibility of a steel There being no objection, the state
not only now but also in the years ahead. strike which would affect not only the ment was ordered to be printed in the
As always, the Senator from New York steel industry and its affiliates, but also RECORD, as follows:
has contributed in a way which makes other segments of the economy as well.
STATEMENT BY THE PRESIDENT ON THE sense and which is worthy of every The interests of the Nation, in this
consideration. instance, as in all others, must come
(In the White House Theater)
Mr. President, I suggest the absence first. I am delighted that the President
My fellow Americans, I have been meeting of a quorum. saw fit to dispatch to Pittsburgh last with Mr. I. W. Abel, president of the United The PRESIDING OFFICER. The Saturday the distinguished senior Sena- Steel Workers of America, and Mr. Conrad
clerk will call the roll. tor from Oregon [Mr. MORSE), one of the Cooper, the executive vice president of the
The legislative clerk proceeded to call most able, if not the ablest mediator of United States Steel Corp., Secretary of Labor
the roll. mediators, conciliators, and arbitrators Willard Wirtz, and the Secretary of Com
merce, the Honorable John Connor. in this Nation.
Mr. MANSFIELD. Mr. President, I This morning I requested that there be no ask unanimous consent that the order It is my hope that on the basis of the shutdown of operations and that production for the quorum call be rescinded. report made by the Senator from Oregon by the steel industry continue during the The PRESIDING OFFICER. Without and his colleague, Under Secretary of negotiations by the parties.
objection, it is so ordered. Commerce Leroy Collins, and on the In response to my request, the union and basis of the President's call for repre- company representatives have agreed to post
APPLICATION OF THE ANTITRUST sentatives of management and labor in pone the imminent shutdown for 8 days. the steel industry to meet here in Wash- During this period they will continue their LAWS AND THE FEDERAL TRADE
negotiations in Washington. The next meetington, these representatives will stay in
COMMISSION ACT TO ORGANIZED session in this city until the differences ing will be held at 10 o'clock tonight.
PROFESSIONAL TEAM SPORTS I am confident that all Americans appreare settled equitably and with justice to ciate this response by the union and by the
The Senate resumed the consideration both sides.
company representatives. Their decision has of the bill (S. 950), to make the antiYesterday, the President took action to certainly been made in the public interest. trust laws and the Federal Trade Comforestall a shutdown in the steel indus- I am sure that as they return to their nego- mission Act applicable to the organized try. He was able to secure a postpone- tiations this evening, they will be aware of
professional team sports of baseball, ment of an imminent closure for 8 days and woman in this country of ours, and to the importance of their efforts to every man
football, basketball, and hockey and to by prevailing upon Mr. Abel of the Steel the health and the vitality of our economy
limit the applicability of such laws so Workers, and Mr. Cooper representing and the security of America all around the
as to exempt certain aspects of the the industry, to continue negotiations. world.
organized professional team sports of In securing this reprieve, the President Gentlemen, this postponement will serve baseball, football, basketball,
and has performed an outstanding service for your country's national interest, and I am hockey, and for other purposes. the Nation. Steel is the kingpin of the very proud of each of you for the contribution Mr. HART. Mr. President. I ask economy. A prolonged shutdown in its that you and your organizations have made.
unanimous consent that the committee production would have the most serious
Thank you very much.
amendment beginning on page 3, line consequences to the Nation both in its
Mr. JAVITS. Mr. President, will the 24, and running through page 5 be internal affairs and external relations. Senator from Montana yield?
The PRESIDING OFFICER. Is amendments numbered 1 and 2 be con- Mr. HART. Is the Senator from Wisthere objection? The Chair hears sidered en bloc.
sonsin reassured on his opportunity to none, and the amendment is agreed to. The PRESIDING OFFICER. With- offer an amendment before the several The amendment, agreed to, is as agreed to, is as out objection, it is so ordered.
amendments are disposed of? follows:
The question is on agreeing to these Mr. PROXMIRE. The amendment And, on page 3, line 24, after “Sec. 6.", to committee amendments en bloc.
which I intended to offer affects lines 14 strike out "Nothing in this Act shall be
Mr. ERVIN. Mr. President, may I and 15 on page 2. Therefore, it would deemed to amend or otherwise affect the inquire what the committee amend- not be covered by this amendment. I Act of September 30, 1961 (75 Stat. 732).” and ments numbered 1 and 2 are?
am satisfied. insert "Section 3 of the Act of September 30, Mr. HART. They are
are the Ervin
Mr. ERVIN. Amendment No. 1 is on 1961 (75 Stat. 732), is amended to read as amendment, which, technically, is cast page 1, line 3, following the word follows:
in number one and number two form, "That," to insert: “(a) except as other“ 'SEC. 3. Section 1 of this Act shall not and which, in effect, in the amendment wise provided by subsection (b),”. Is apply to any joint agreement described in
which the committee considered to be that correct? section 1 of this Act which permits the telecasting of all or a substantial part of any the Ervin amendment.
Mr. HART. Is the Senator inquiring professional football game on any Friday
Mr. PROXMIRE. Mr. President, will whether that is amendment No. 1? after 6 o'clock post meridian or on any the Senator yield at that point?
Mr. ERVIN. Yes. Saturday during the period beginning on the Mr. HART. I yield. second Friday in September and ending on
Mr. HART. That is amendment No. 1.
Mr. PROXMIRE. As I understand, the the second Saturday in December in any Senator from Michigan is asking unani
Mr. ERVIN. I have no objection to year from any telecasting station located within seventy-five miles of the game site mous consent to have the amendments voting en bloc on amendments No. 1 and
No. 2. of any intercollegiate or interscholastic footconsidered en bloc. Would that waive
The PRESIDING OFFICER. The ball contest scheduled to be played on such the right of a Senator to offer an amenda date if
ment that might affect this particular question is on agreeing to committee "'(1) such intercollegiate football con- language?
amendments numbered 1 and 2. test is between institutions of higher learn- Mr. HART. I understand that it would
Mr. ERVIN. Mr. President, perhaps ing, both of which confer degrees upon not.
the Senator from Michigan would like students following completion of sufficient
The PRESIDING OFFICER. These to explain his position on committee credit hours to equal a four-year course, or "'(2) in the case of an interscholastic amendments will be considered en bloc, amendments numbered 1 and 2 to the
bill. Then I will wish to explain my football contest, such contest is between but they are open to amendments of
position on committee fered from the floor. secondary schools, both of which are
amendments accredited or certified under the laws of the Mr. PROXMIRE. Like original text? numbered 1 and 2. State or States in which they are situated Mr. ERVIN. Mr. President, I wish to
Mr. HART. Mr. President, very briefly and offer courses continuing through the clarify the record. As I understand let me outline the objectives that the twelfth grade
grade of the standard school the Senator from Michigan, there are professional team sports bill seeks to curriculum, or the equivalent, and
before us two amendments, numbered achieve. "(3) such intercollegiate or interscho
one and two. The Senator refers to The situation is as follows: Profeslastic football contest and such game site the amendment which begins at line 18 sional baseball, because of a Supreme were announced through publication in a daily newspaper of general circulation prior
on page 2, and ends on line 6 of page 3. Court decision in the early 1920's, is not to March 1 of such year as being regularly Is that correct?
subject to the antitrust laws as other scheduled for such day and place.';"
Mr. HART. It is my understanding professional team sports are by virtue of Mr. HART. Mr. President, a parliathat that would be amendment num- court decision.
court decision. In later decisions, the mentary inquiry.
bered two. The committee amendment Supreme Court acknowledged the apThe PRESIDING OFFICER. The Sen- numbered one consists of the language parent inequity and the clear inconsist
that can be found in italics on line 3 ency involved. However, the Court has ator will state it. of page 1.
declined to reverse the early 1920's case, Mr. HART. What is the pending
The PRESIDING OFFICER. The citing the fact that organized baseball, question? Senator is correct.
in reliance on that exemption, had strucThe PRESIDING OFFICER. The
Mr. ERVIN. In further clarification, tured itself and had pursued a course of pending question is on the first commit. I wonder if we could have unanimous conduct which that decision clearly protee amendment, which the clerk will
consent that amendment No.2, as desig- tected and treated as exempt from antistate.
nated by the Senator from Michigan, be- trust reach. The LEGISLATIVE CLERK. On page 1, ginning at line 18 on page 2, and ending
But no such decision has been availline 3, after the word “That,”, to in; at line 6 on page 3, be printed in the sert “(a) except as otherwise provided RECORD at this point.
able to professional football, which in re
cent years has greatly expanded. Nor by subsection (b),"; on page 2, after
The PRESIDING OFFICER. Is there did the Court apply the old Federal baseline 17, to insert a new subparagraph, objection? The Chair hears none, and ball case to give immunity to professional as follows: it is so ordered.
basketball or hockey. (b) The exemption conferred by subsection (a) shall not apply to any agreement, in the RECORD is as follows:
The amendment ordered to be printed In the period of years that has inter
vened, the feeling has developed in the plan, or arrangement under which any club administering a professional sport team may
On page 2, after line 17, to insert a new Congress that two objectives are desirhave an exclusive or preferred right to nesubparagraph, as follows:
able, both of which this bill would gotiate for the services of any college stu
“(b) The exemption conferred by subsec- achieve. dent if such agreement, plan, or arrange
tion (a) shall not apply to any agreement, First, baseball should be subject to the ment would permit such club to enter into plan, or arrangement under which any club
antitrust laws. There is no basis, either a professional athletic contract with any
administering a professional sport team may
in theory or in fact, why baseball should student who has matriculated, at a fourtiate for the services of any college student
hold a privileged position in relation to year college granting degrees, before the
if such agreement, plan, or arrangement other organized professional team sports. earlier of the following dates: (1) the date would permit such club to enter into a Second, there are specific and tradiof the conclusion of the fourth academic professional athletic contract with any stuyear following his matriculation, or (2) the
dent who has matriculated, at a four-year tional essential sports aspects of these date of the conclusion, during the fourth college granting degrees, before the earlier
college granting degrees, before the earlier sports which should be exempt from the academic year following his matriculation, of the following dates: (1) the date of the
antitrust law to enable these professional at the college at which he first matriculated, conclusion of the fourth academic year fol- team sports to operate in the best interof the scheduled intercollegiate season of lowing his matriculation, or (2) the date of
lowing his matriculation, or (2) the date of ests of the general public. Those tradithe professional sport to which he has been
the conclusion, during the fourth academic tional areas which we feel should be exsigned.
year following his matriculation, at the col-
empt, and which this bill would permit to Mr. HART. Mr. President, I ask scheduled intercollegiate season of the pro
be exempt, are the equalization of comunanimous consent that the committee fessional sport to which he has been signed.” petitive playing strengths—the draft
system—the employment, selection, eligi- the player to get out of school. Rather, September 1 until June. There is nothbility, and assignment of player con- I think all of us should seek to insure ing in my amendment to prohibit that. tracts-particularly the reserve clause- that such men remain in college under Mr. JAVITS. Except that they could the right to operate within specific geo- terms consistent with the maintenance not be dealt with in terms of receiving graphic areas, and rules that insure the of stability and competitive team balance scholarships as soon as they had matricpreservation of public confidence in the in the league.
ulated. honesty of the sports contest. This last Mr. JAVITS. Mr. President, will the Mr. ERVIN. I agree that the right to exemption would permit the continued Senator yield?
negotiate would not be impaired. operation of what is popularly known as Mr. HART. I yield to the Senator Mr. JAVITS. They would not be given the czar, the Commissioner. from New York.
scholarships unless there were commitThese exemptions would insure the Mr. JAVITS. Mr. President, I would ments in return that they would enter maintenance of a reasonably good bal- like first to identify myself with Sena- professional sports. ance in competitive structure of these tors who are in opposition to the amend- Mr. HART. In addition, if the club is sports, protect the interests of the public ment. I point out that the amendment not permitted to draft them, it will not and their confidence in the honesty and was adopted in committee based on our be in a position to provide funds for the integrity of the game, and increase the great respect for the Senator from North scholarship and education. On that pleasure that is derived from a reason- Carolina [Mr. ERVIN). It was also ex- basis, I hope the Ervin amendment will ably well-balance league operation. The pressed that we would all have an op- be rejected. bill also permits protection of the rights portunity to look into the question, and Mr. MAGNUSON. Mr. President, beof the players.
the Senator would understand if these is fore the vote, I wish to ask the Senator Mr. President, this is by no means the sues were raised on the floor. Knowing from Michigan a question regarding the first time that the Congress has sought him as I do, I am sure he would be the bill. I believe I know the answer, but the to achieve these objectives; and there is first to encourage full and free debate RECORD should show it as coming from a rather extensive chronological outline on the issue. That is what I would like, members of the committee. of these several efforts contained in the too. I state this by way of addition to Is it correct to say that this proposed report from the Committee on the Judi- the statement of the Senator from Mich- legislation deals with what the Senator ciary on this bill. For those who are in- igan (Mr. HART].
from Michigan termed team sports? terested, it is to be found beginning at It has been pointed out that organized Mr. HART. That is correct. the bottom of page 6, and continuing baseball has an effective and worthwhile Mr. MAGNUSON. The bill is quite through page 11.
college scholarship program, in which important, and it is one in which the Mr. President, it is our hope that this some 400 major league prospects are Senator from Michigan has a deep insession of Congress will see the passage guaranteed $1,000 a semester in all, for terest. of this bill which reflects a great many eight semesters, to pursue a college edu- The real problem in sports in this days of hearings, and the efforts of sey- cation.
country involves the entire field of proeral prior Congresses.
It is felt by those in organized baseball, fessional boxing. As I recall, the SenaOn balance, it is our feeling that the who have expressed their views that the
who have expressed their views that the tor introduced a bill or bills on this subbill responds effectively to the need to organized baseball scholarship program ject. The House of Representatives protect the public, to insure the mainte- would be inhibited as a result of the finally passed a bill, which is somewhat nance of a highly competitive system of amendment.
different from some of the other versions, team sports, and to insure protection of That is an additional fact which I and it was referred to the Committee on the interests of the several persons in- think should properly appear in the con- Commerce. volved in the games. sideration of the amendment.
The question is: Would this particular The pending question is on agreeing to Mr. HART. I thank the Senator from bill relating to team sports, which I am committee admendments Nos. 1 and 2, New York.
highly in favor of, have any particular which were offered by the distinguished Mr. ERVIN. Mr. President, will the bearing on the proposed legislation dealSenator from North Carolina [Mr. ER- Senator yield for a question?
ing with the sports of professional boxVIN). Those amendments, in short, Mr. HART. I yield.
ing, if I may call it a sport? would permit the exemptions to be en- Mr. ERVIN. How would this interfere Mr. HART. The direct and immedijoyed by the league and the members with the college scholarships?
ate answer to the concern voiced by the thereof only if it was agreed that there Mr. JAVITS. Mr. President, will the Senator from Washington is no. This would be no draft arrangements with Senator yield to allow me to answer that bill does not reach professional boxing. respect to players who had matriculated question ?
I am aware of the long-term interest at a college. To draft such an individ- Mr. HART. I yield.
of the Senator from Washington in the ual would be permitted only at the con- Mr. JAVITS. It is felt by those who problems that confront Congress with clusion of the fourth academic year fol- award the scholarships, namely, orga- respect to boxing. I know, as we all do, lowing his matriculation, or the date of nized baseball, that the standard which of the many days he contributed in years the end of the sport for which he was is spoken of as matriculation, involving past attempting to unravel the problems drafted, if that should occur earlier. one who has matriculated under a 4-year in amateur competition both in this
Mr. President, I hope that the amend- college degree, would operate in such a country and abroad. ments will not be agreed to. On balance,
On balance, way as to inhibit the present practice The pending bill would not solve the the draft system has made good sense. with respect to awarding scholarships. problem of boxing, and would not solve Those engaged in professional football It is felt that the amendment would have
It is felt that the amendment would have the problem the Senator from Washingand professional basketball, by their own the effect of deferring young athletic ton is attempting to solve; namely, How rules, have agreed that they will not seek prospects from matriculating in college. can the United States field an Olympic to reach any man while in college. Base- Mr. ERVIN. Those who sign up to team that will win all the time? ball, in the last year, has undertaken a play baseball have this opportunity un- Mr. MAGNUSON. I thank the Senacommon draft which reaches the man in der the professional scholarship system, tor. college, or who may be going to college. but the only chance they have to go to Mr. ERVIN. This is a most peculiar To limit the draft as the Ervin amend- college under the contract is after the
college under the contract is after the bill in that it undertakes, as the Senment proposes, in the long run, would season closes in October until early ator from Michigan said, to bring orgaunbalance rather than contribute to the spring.
nized baseball under the antitrust laws. competitive balance of the leagues. Mr. JAVITS. That would be true if Then, after having brought them under Clearly, the rich would grow richer and the man were playing or were committed the antitrust laws, it would proceed to the poor, poorer; and the quality of the to play during the time he was going to take them out from under the antitrust game would suffer. His amendment school. But as I understand the schol
school. But as I understand the schol- laws in most of the important aspects might, indeed, encourage what I know arship, that would not necessarily ensue.
arship, that would not necessarily ensue. of their commercial affairs. the Senator from North Carolina and all Mr. ERVIN. There is nothing in the This country was supposed to be the rest of us would hope to see avoided- bill to prevent them from accepting founded upon freedom. One of the asa broader raid, or greater persuasion to scholarships and letting them go from
scholarships and letting them go from pects of freedom is the freedom of contract. Under the existing law, we have professional baseball, football, basketball, more aware than any of us of the injusfreedom of contract. The Supreme or hockey team from signing up any col- tice of third parties imposing upon colCourt of the United States used to say lege player it wished to sign.
legians a denial of bargaining rights. that one of the liberties granted to My amendment would provide that a Also, many are appalled at the pressures Americans by the fifth amendment was college player possessing athletic skill which a professional baseball team the right to engage in freedom of con- could sign with any team that would sign brings to bear when that team knows it tract, and that one of the freedoms pro- him, could negotiate with every team en- must sign a boy within 6 months or lose tected against impairment by the States gaged in the sport in which his skill lay the rights to negotiate with him forever. by the provisions of the 14th amend- and could sell his skill to the highest Although the amendment would apply ment to the effect that no person bidder.
to professional baseball, football, hockey, should be deprived of life, liberty, or The highest value of civilization is and basketball, baseball is the only proproperty without due process of law, freedom. By this amendment I seek to fessional sport which has expressed to was the right of freedom of contract. preserve freedom of contract for the me any opposition to my amendment.
The pending bill would not affect those benefit of college students who possess This is because football and basketball, freedoms as to lawyers. Lawyers would athletic skill until these students have under their own league rules, forbid the still have the right to make free con- had an opportunity to obtain their edu- drafting of boys prior to completion of tracts and to sell their legal services for cation.
their college eligibility. Baseball, on the what they were worth. The same thing
I am confident that a simple explana- other hand, drafts players after their would apply to doctors, businessmen, and tion of the purpose and effect of the sophomore year. wage earners.
amendment will suffice to silence any ob- While the football draft is limited to But the bill proposes to rob every manjection which may have arisen because each league, and there is competition in America who possesses skill in base- of misinformation.
among the teams in the National, Amerball, football, basketball, or hockey of
S. 950 would provide exemptions from ican, and Canadian Football Leagues for
the the right to sell his skill to the highest
antitrust laws for professional the services of players, major league bidder on a free market and negotiate sports-exemptions which no other busi- baseball and its common draft constia contract with anybody who desires to ness in the country enjoys. I am aware tute a total monopoly to the boy who purchase his athletic skill.
of the fact that it is claimed that such wishes to play professionally. The pending bill would authorize proexemptions are necessary if a high level
If the Los Angeles Angels draft a North fessional baseball , football, basketball, of competition in sports is to be main- Carolina boy, that athlete must either
tained. and hockey clubs to enter into an agree
move 3,000 miles and play for the salary ment under which persons possessing skill
One of these exemptions given to foot- offered, or he must sit and wait 6 months, of an athletic nature in the field in which ball, basketball, baseball and hockey, is hoping that another club with a more they were engaged for the purpose of the right for the clubs to meet and de- attractive
offer will draft him. making money could be allocated among cide among themselves that only one
That is according to the present practhemselves, by an agreement made by
team has the right to negotiate with an tice, which the bill would legalize, despite them, in the absence of the persons to individual. As one sportswriter has said, our boast that this country believes in
this is like the newspaper profession freedom. be affected by the agreement and with
deciding that a college journalism graduout their knowledge, and consent. Only
Baseball claims that this system is one team could negotiate a contract with ate could either work for the newspaper necessary to maintain competition
and in Anchorage, Alaska, at the salary of- assist the second division teams. It is a particular person.
A college boy, possessing skill in base- fered, or not work at all. This, of course, claimed that the money which baseball ball, would have his right to negotiate a ducements which the professionals offer
saves is purely secondary. This, of free contract on a free market and sell
course, is nonsense. his skill to the highest bidder denied him for talent may be kept at a minimum. by an agreement made by the persons able practice may be generally, it is my system until 1965 never
dampened my inWhatever the merits of this question- sional baseball, and the lack of a draft
For 50 years, I have followed profesengaged in baseball for a profit. Under this agreement, only one team give up their education to play as prostrong opinion that boys in college who
terest. Competition has always been could be permitted to negotiate with the fessionals should have the opportunity draft. In the American League, there
keen in the National League without the boy. He would have to sign a contract to negotiate with all teams in order to has indeed been some evidence of New with that team or be denied the right to secure for themselves the most attractive York Yankee domination; and I have engage in baseball as a profession for a
offer. Therefore, I introduced an livelihood. My amendment, which was adopted by Committee, which would withdraw the amendment, adopted by the Judiciary grown used to Yankee domination in
baseball as well as politics. However, the the committee—by a narrow margin, I antitrust exemption allowing exclusive two teams who finished next to last and confess-would provide that those who rights to negotiate with college players last in the American League last year, are exempt from the antitrust laws in during their 4 years of school.
Washington and Kansas City, both voted their moneymaking activities by this bill
My amendment in no way would pro- against the draft. Both these teams who could not adopt an agreement that would hibit teams from signing college players; need new talent so much, want to bid be applicable to college students until the rather, it would prohibit the profes- for every promising star-not just the students had completed their 4 years or sionals from agreeing that only one team 1 in 20 that the draft allows
them. Also, had played the last collegiate game in the participating in a sport would have the it is ironic that a draft would be insport in which their skill lay. right to negotiate with a player. Its sole
stituted in the year that the Yankees It was said by those who advocate the purpose is to insure freedom of contract finally crumbled—now mired in sixth bill—and I am not referring necessarily to those who give up their general educa- place—having lost as many games as to Senators, but to the lobbyists for the tion in order to enter the business of pro
they have won. bill, that the bill would prevent a pro- fessional sports. This amendment has
It is, therefore, clear that the true reafessional baseball team from signing a
the support of the National Collegiate son and only reason for the institution of college player. There is no subtance to Athletic Association and many of the col- a draft after many long years without it, that claim.
leges of this country. In North Carolina is the pocketbooks of the owners. All my amendment would do would be alone, three universities and two colleges A moment ago I asked the able and disto provide that students would still have have endorsed the amendment. In addi- tinguished Senator from New York how the same rights that they have under the tion, the National High School Federa- my amendment would affect the soexisting law; and, while the bill would tion has endorsed this proposal.
called scholarship program instituted by exempt professional sports from the anti- The question is often raised as to why some professional baseball teams. That trust laws, my amendment would exempt the colleges are supporting this amend- charge has been made, and nobody has college players from a draft during the ment since it would not prohibit the stu- given me an answer as to how the amendtime they were pursuing their education. dent from signing a freely negotiated ment would affect it, and I challenge
There is nothing contained in my contract. The answer, of course, is their the assertion that this amendment would amendment which would prevent any concern for their students. They are affect it in any degree.