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Michigan and the Senator from Wis- I do not believe there would be equality on agreeing to the amendment of the consin.
of skills if one team is so poor that it Senator from Wisconsin (Mr. PROXMIRE). The Senator from Michigan opposed will have to pay salaries on a substan- On this question the yeas and nays have my amendment and recommends the tially lower plane than those of another been ordered; and the clerk will call passage of the bill on the theory that we team which receives a lion's share of the the roll. should deprive all individuals in the television receipts.
The legislative clerk called the roll. United States possessing athletic skill in I am going to be consistent. I am not Mr. LONG of Louisiana. I announce these four areas of sports of the freedom going to blow both hot and cold. I am that the Senator from Alaska [Mr. BARTof contract in order to promote equality going to blow on both occasions in behalf LETT), the Senator from Idaho (Mr. among the teams in the various leagues. of the retention of freedom.
CHURCH), the Senator from Tennessee The Senator from Wisconsin makes Mr. PROXMIRE. I answer the Sena- [Mr. GORE], the Senator from Ohio [Mr. the point, as I understand it, among tor from Michigan by saying that his
tor from Michigan by saying that his LAUSCHE), the Senator from Wyoming other things, that in order to have equal- prime objection to the amendment is that [Mr. McGEE), the Senator from Virginia ity among the teams in the leagues there it would regulate or limit direct profits. (Mr. ROBERTSON), the Senator from Florought to be equality in the provision for
The Senator from Michigan has had, ida (Mr. SMATHERS], the Senator from revenues, particularly those from televi- perhaps, more association with baseball Maryland (Mr. TYDINGS], and the Sension advertising. The proponents of the than anybody else. He knows it does not ator from Ohio (Mr. YOUNG], are absent bill say “No”; they do not want equality take a great deal of business acumen, on official business. in division of television receipts, because good judgment, or business competence I also announce that the Senator from that would call upon Congress to regu- to obtain television profits when a team Virginia [Mr. BYRD] and the Senator late the right of contract among busi- is given, by the league, a franchise such from Minnesota [Mr. MCCARTHY], are nessmen to operate the clubs and thus, as the Atlanta Braves will have. They necessarily absent. deprive them of their freedom of will have a monopoly of all television re- I further announce that, if present and contract. ceipts in a particular area.
voting, the Senator from Virginia [Mr. All this reminds me of Aesop's fable
One could have the greatest business BYRD), the Senator from Wyoming [Mr. about the man who went into the woods acumen in the world and could not make McGEE], the Senator from Virginia (Mr. on a very cold day and saw a satyr. The
money with the Milwaukee Braves.
Milwaukee Braves. ROBERTSON), the Senator from Florida man blew on his hands in the cold. The Why? Because television cannot be sold [Mr. SMATHERS], the Senator from Marysatyr said, “Why do you blow on your outside of Milwaukee. It is physically land [Mr. TYDINGS], and the Senator hands in the cold?” The man said, “To impossible. They are limited by the from Ohio (Mr. YOUNG), would each vote make them warm."
Minnesota Twins on the north and the “nay.” The man took the satyr to his home Chicago teams on the south.
Mr. KUCHEL. I announce that the to a breakfast of hot porridge. The
The matter of negotiating a contract Senator from Iowa (Mr. HICKENLOOPER] satyr said, “Why are you blowing on the takes skill and judgment, but it is minor is necessarily absent. hot porridge?” The man said, “To make
compared with all the aspects that go The result was announced yeas 26, it cool.” The satyr said, “I am not going to stay into operating a successful business op- nays 62, as follows:
[No. 245 Leg.] and accept your hospitality. I refuse to eration in major league baseball.
To say that this amendment would accept the hospitality of a man who
YEAS-26 blows both hot and cold with the same regulate team profits seems to me, with
Jordan, Idaho MOSS all due respect, to be ridiculous. Most Allott
Mansfield Mundt breath."
Bennett McClellan Nelson
McGovern Pearson Congress deprive every person possessing this bill would itself give the TV terri
Byrd, W. Va. McIntyre Proxmire
Metcalf athletic skill in four different sports of torial franchise—the monopoly that
Thurmond his freedom of contract and make him guarantees the revenue and the profits. Clark
Mr. HRUSKA. Mr. President, in this
Dominick Monroney Young, N. Dak. an economic slave to those who own
Morse teams engaged in these four sports in connection I subscribe to the statement
NAYS-62 the hope of receiving commercial gain. and reasoning of the Senator from Michi
Muskie I shall have to confess that I was gan. I am one Senator who does blow
Neuberger moved, as I heard the pleas made for hot and cold. I believe most of us do Bash
Pell these clubs, to offer an amendment to not. Different circumstances and differ- Bible
Prouty give them the benefit of the poverty ent situations call for different treat- Boggs
Brewster ment. There is one way to eat soup when
Saltonstall Congress legislating how the skills of ath- But you do not blow on food when it con
Jordan, N.C. Scott letes are going to be apportioned among sists of a scoop of ice cream.
Kennedy, Mass. Simpson the league teams without their consent, The situations are not analogous at
Kennedy, N.Y. Smith
Sparkman and legislating how the receipts from the all. This situation, after all, is one which Dodd
Long, Mo. Stennis telecasts of the games shall be divided. has been treated in the football leagues Eastland
Long, La. Symington I will console the Senator from Michi- in the way in which they want it treated.
Ellender Magnuson Talmadge
McNamara Tower gan by saying that I shall vote with him In baseball they are treating it in their
Mondale Williams, N.J. on this amendment because the amend- way. In due time, they may come to see
Montoya Williams, Del. ment, I believe, does exactly the same the situation differently, if the proposal Fulbright Morton
Gruening Murphy thing the bill does: It robs people of the is as meritorious as outlined by the Senfreedom of contract. I am in favor of I am in favor of ator from Wisconsin.
NOT VOTING–12 retaining freedom of contract for the We should leave the matter as it is Bartlett Hickenlooper Robertson businessmen engaged in these sports for for another reason. It is more than high Byrd, Va. Lausche
McCarthy Tydings commercial purposes, as I was in favor time that a bill of this kind be enacted
Young, Ohio of keeping freedom of contract with the into law and that we should confer upon athletes. all professional sports teams a parallel
So Mr. PROXMIRE'S amendment was For that reason, I shall vote against and parity with reference to the anti- rejected.
Mr. HART. Mr. President, I move to the amendment of the Senator from trust laws. Wisconsin.
I feel that agreement to this amend- reconsider the vote by which the amendI believe in freedom. I agree with the ment might be an impediment and an ment was rejected.
Mr. MANSFIELD. Mr. President, I Senator from Wisconsin that if there is obstruction in that regard. to be equality of skills, there must be I urge the rejection of the amend- move to lay that motion on the table. equality of power, financially, to payment.
The motion to lay on the table was people for exerting their skills in these The PRESIDING OFFICER (Mr. Mc- agreed to. sports.
INTYRE in the chair). The question is Mr. ALLOTT obtained the floor.
Let me say at this time that the Senate Mr. President, I intend to support the Mr. DIRKSEN. Mr. President, will
can anticipate a "layover,” so to speak, sports bill because I feel that it is essen
from the conclusion of business Friday tial for the continued growth and prosthe distinguished Senator yield?
until noon on the following Tuesday. perity of professional team sports. I Mr. ALLOTT. I yield.
Mr. DOUGLAS. Mr. President, I had certainly agree that the leagues should be Mr. DIRKSEN. I should like to ask the majority leader about the remainder
understood, in an earlier statement made permitted, by agreement or plan, to of the day, and, incidentally, I should
by the majority leader, that the holiday equalize player strengths, provide for a like to ask the Senator from Colorado
would consist of Friday, Saturday, Sun- common means of selecting players, and day, and Monday.
operate within specific geographic areas. how long he is going to take and whether or not he will ask for a yea-and-nay
Mr. MANSFIELD. No. I never said In addition, professional sports should vote.
that. If I did, I was in error. I would be permitted to take such actions as are bet 10 cents that I did not say it.
necessary to preserve public confidence Mr. ALLOTT. In response to the in
Mr. DIRKSEN. Mr. President, I conquiry of the distinguished minority
in the honesty of sports contests.
cur in what the majority leader says. leader, I have an amendment which I
Mr. HOLLAND. Mr. President, will think is quite important, but it can be believe that the only modification of it the Senator from Colorado yield for a
question ? explained briefly. I plan to take about was that Friday could be a light day, and
Mr. ALLOTT. I yield. 5 minutes if I can have reasonable atten
there might not be any record votes late tion of a number of Senators. Then I in the day; but, other than that, I
Mr. HOLLAND. I was not able to hear
the Senator. Did he say that there will ask for a voice vote.
thought we were agreed on the end of Mr. DIRKSEN. Mr. President, I
business Friday and the holiday would would be a yea and nay vote, or merely a understand that the Senator from Kan- then begin and we would go over until voice vote?
Tuesday. sas (Mr. PEARSON] has an amendment. I
Mr. ALLOTT. I said that if I could should like to ask him how much time
Mr. MANSFIELD. Let me say—
get enough Senators to remain in the he needs.
Mr. DOUGLAS. This is the usual Chamber for a voice vote, I would not Mr. PEARSON. I shall take only 2 Labor Day holiday then?
ask for a yea and nay vote; but I wish or 3 minutes, and I shall not ask for Mr. MANSFIELD. It is the usual more than an empty Chamber to vote on
my amendment. I am sure that the a yea-and-nay vote.
Labor Day holiday, but we can anticipate Senator from Florida understands my Mr. JAVITS. Mr. President, may I ask having the higher education bill this
position. if there is to be a yea-and-nay vote on week, and either the immigration or the passage of the bill? farm bill. We are in difficulty on the guished Senator. I did not understand
Mr. HOLLAND. I thank the distinMr. MANSFIELD. Mr. President, so
other two. I assure the distinguished his statement before, due to the confusion far as I know, there will not be a yea
Senator from Illinois [Mr. DOUGLAS) in the Chamber. and-nay vote on passage of the bill, so that if there is no business, the Senate
Mr. ALLOTT. There was certainly I hope Senators will remain close to the
will not be in session, and we will not go enough confusion. floor. Senators who offer amendments through any formality. It depends on
Mr. President, I believe that the curare entitled to serious consideration of
what business there is before us. The rent bill, however, leaves open one facet their amendments.
best I can say, at this time, is from the of equalizing player strengths which If the bill should pass tonight, as apconclusion of business Friday until Tues
should be rectified, and I am introducing pears likely, there will be no further day noon.
an amendment to achieve that goal. My business tonight, but Calendar No. 627,
That is it.
amendment calls for a common draft beH.R. 3157, to amend the Railroad Re
tween or among professional sports tirement Act of 1937, will be laid before
In other the Senate and become the pending APPLICATION OF THE ANTITRUST
APPLICATION OF THE ANTITRUST leagues at the same level.
words, any two or three leagues playing business tomorrow after the morning hour.
COMMISSION ACT TO ORGANIZED draft instead of individual drafts for each In addition, tomorrow we will clear PROFESSIONAL TEAM SPORTS league. up odds and ends.
The Senate resumed the consideration The effect of my amendment would be Incidentally, I understand that the
of the bill (S. 950), to make the anti- to give the less wealthy teams equality higher education bill was reported unan- trust laws and the Federal Trade Com- with the more wealthy teams. Currently, imously by the committee today; but mission Act applicable to the organized for instance, a player may be drafted by the reports will not be in final form until professional team sports of baseball, a team in each league. Naturally, in midnight tomorrow. I have discussed I have discussed football, basketball, and hockey and to
most instances, the player will sign with the matter with the chairman of the
limit the applicability of such laws so that club which will pay him the most committee and the distinguished minor
as to exempt certain aspects of the or- money. Last fall, we saw untried and ity leader.
ganized professional team sports of base- untested players signing for phenomenal It is our anticipation that it will be ball, football, basketball, and hockey,
ball, football, basketball, and hockey, sums which the less wealthy teams just made the pending business tomorrow, to and for other purposes.
could not pay. Thus, the richer teams be taken up at the conclusion of morn
Mr. ALLOTT. Mr. President, I offer
Mr. President, I offer get richer in player personnel and the ing business on Thursday. the amendment which I send to the desk
poorer teams have to take the poorer Mr. JAVITS. If the Senator will yield and ask to have stated.
players. I would express the hope I am the
The PRESIDING OFFICER. The
I certainly do not wish to leave the ranking member on that committee-in- amendment will be stated for the infor
impression that I am opposed to these asmuch as we understood each other mation of the Senate.
young men getting well paid for their quite well in committee and with the La
The legislative clerk read as follows:
services. I wish them to be well paid, and bor Day holiday coming on, that it would
paid fully to the degree of their compe
On page 2, line 13, strike “contracts;" and be extremely helpful if Senators who had insert in lieu thereof the following:
tence. What I object to are the exhorbiin mind offering amendments on the
"contracts: Provided, That each person
tant salaries promised these young men, higher education bill would be gracious who participates as an employer in a plan of
as a result of team bidding against team, and kind enough to have them printed. selection of players or player contracts for when the young man has never particiThis would accelerate their considera- professional football shall permit all other pated in the sport professionally. If, tion, with the holiday coming up, as we persons so engaged in the same professional after proving himself, a young man can shall be up against meeting the deadline sport at the same level to participate in such get a huge salary or bonuses, I am in of, let us say, Friday. plan on an equitable basis;”
favor of it, but I do not believe that he Mr. MANSFIELD. I am sure that Mr. ALLOTT. Mr. President if we should be paid huge amounts of money Senators will pay strict attention to what can get a reasonable number of Senators for merely signing a contract. the Senator from New York has said and to remain in the Chamber for a voice Again, my amendment would do no will have their amendments, if any, vote on my amendment, I shall not ask more than provide equality in player seready. for a yea and nay vote.
lection for all professional sports teams playing at the same level. This would I do not contend for a moment that exemptions for these same sports from give the less wealthy teams in the vari- all of the transfers from city to city, these same laws. ous leagues an opportunity to hire better or from county to county have been Others have outlined the reasons why player personnel, thus making the teams against the best interests of sports or professional team sports should not be within each league and between leagues against the best interests of the public. expected to meet the same competitive equal.
However, if the Proxmire amendment standards that other businesses are exMr. HART. Mr. President, I would represented a flanking attack, my pected to meet. Why, in fact, these comhope very much that the amendment amendment represents a direct attack petitive standards could very well mean would not be agreed to. I believe that on what I believe to be a serious problem the end of professional team sports as although it would apply uniformly to all in today's professional sports and we know them today. I concur in these professional team sports, it is intended athletics and in the organization of reasons. to require the two professional football leagues, for there exists a problem to And yet, Mr. President, in concurring leagues, currently in existence as com- which I refer as "hop scotching" of with these reasons I must also voice my peting entities, to join together. I be- franchises from one section of the coun- views on the relationship that exists believe that this is a decision Congress try to another.
tween professional athletics and their should not arrive at at this time, and Specifically I believe serious consider- business activities, for professional team for that reason I hope that the Senate ation should be given to the removal of sports and big businesses to their ownwill reject the amendment.
subparagraph (3) in order to offer some ers—and becoming more and more so. Mr. HRUSKA. Mr. President, I shall protection to cities and the public. In my The people have, I believe, become speak briefly. I support the position of opinion, removal of this subparagraph alarmed at the recent trend toward the Senator from Michigan on this score. would not prohibit the removal of a fran- control of professional teams by diverIn committee, we have not considered chise for
chise for any legitimate reason and sified corporations. The leagues themthe amendment or anything that would would aid in the protection of munici- selves are also beginning to show an be comparable to it.
palities against overnight loss of their awareness of this problem as witnessed Let me say again that our concern is to professional athletic groups. Cities and by the recent ruling by the Commissioner fashion a bill and get it approved by the counties have, and in all probability will of one of the two major professional footSenate so that we may resolve a situa- continue, to erect through municipal ball leagues that henceforth purchasers tion long overdue, which needs the treat- bond issues and considerable private in- of franchises must have football as their ment of all professional team sports on a vestment, the necessary stadium facili- major interest and that diversified corparity basis insofar as the antitrust laws ties and requirements necessary for the porations are out as buyers. This aspect are concerned.
operation of professional athletic clubs. of big business was dramatically illusI do not believe that the effect of the They should, therefore, have some trated by the acquisition of 80 percent amendment proposed by the Senator guarantee of future security for their of the stock of the New York Yankees from Colorado would be any other than professional athletic groups, that exist baseball team by the Columbia Broadto lead to an obstruction toward that in various cities.
casting Co. result. For that reason, I hope that the I say to the Senator in charge of the By saying this I do not mean to single amendment will be rejected.
bill that I know it is late in the day, and out CBS for special damnation. HowMr. ALLOTT. Let me say in reply, it has been a very confusing day. I ever, I believe this does pinpoint one of that we are considering a team sports merely wish to say that the amendment our problem areas. Whether the purbill. My amendment would make it would strike paragraph 3 on page 2. chase be by CBS, NBC, ABC, or even by possible, throughout both football We discussed this matter privately a large advertising firm; we are faced leagues, to bid on an equal basis and get earlier today.
with the same possible legal consea common draft for these players.
Mr. HART. Mr. President, I hope quence—an interlocking interest that If we wish to make the big teams big- very much that at this late hour the could be, but is probably not, subject to ger all the time, then vote against the Senate will not strike what is really a the antitrust laws. amendment. If we wish to place it on critical and key element in the bill. Dur- This situation is the result of legal dea somewhat equal basis so that there can ing the debate many comments were cisions that have left professional basebe a common draft, and give these young made on the necessity for this aspect. ball outside the sphere of these laws. In men the opportunity to prove themselves Again, Mr. President, while none of us 1922 the Supreme Court in Federal Baseand draw the salaries and bonuses, then pretends that the product of the com- ball Club v. National League, 259 U.S. vote for my amendment.
mittee can be listed among those achieve- 200, ruled that organized baseball was The PRESIDING OFFICER. The ments which are perfect, I am satisfied not subject to the antitrust laws. Some question is on agreeing to the amend that the elimination of this aspect of 30 years later the Supreme Court upheld ment of the Senator from Colorado. the bill would have very serious reper- its ruling in deciding the case of Toolson The amendment was rejected.
cussions within a short period of time. v. New York Yankees, Inc., 346 U.S. 356 Mr. PEARSON. Mr. President, I call I hope that the amendment will be re- (1953). In the latter case, the Court, up my amendment and ask that it be jected.
with admirable restraint that is oftenstated.
Mr. HRUSKA. Mr. President, I join times lacking in their decisions, indiThe
PRESIDING OFFICER. The the Senator from Michigan in opposing cated that they were basing their ruling amendment will be stated for the in- the amendment. After all, the territo- on the principal of stare decisis and went formation of the Senate.
rial aspect of this bill is what imparts on to say that Congress had shown no The legislative clerk proceeded to state value to a franchise in organized pro- indication of including the business of the amendment. fessional team sports. Without it there baseball within the scope of the Federal
antitrust laws even though we had had Mr. PEARSON. Mr. President, I ask would be nothing but chaos and conunanimous consent that the reading of fusion. While it might, on the surface, the matter under consideration. the amendment be dispensed with.
be thought to correct a situation, it would In subsequent decisions, however, the The PRESIDING OFFICER. With
create complete chaos and confusion in Court held that other professional team
other areas. out objection, it is so ordered; and the ment be rejected.
I urge that the amend- sports were not entitled to this exempamendment will be printed in the REC
tion. The result is twofold. We have,
The PRESIDING OFFICER. ORD at this point.
The in the first place, discrimination between The amendment offered by Mr. PEAR
question is on agreeing to the amend- sports that operate substantially in the
ment offered by the Senator from Kan- same way. We also have this hazy area SON is as follows: sas.
of when baseball, in its purely business On page 2, strike out lines 14 and 15.
The amendment was rejected.
activities, could be subject to antitrust Mr. PEARSON. Mr. President, what Mr. MUNDT. Mr. President, this laws. Legislation is clearly needed. my amendment would do actually would proposed legislation is needed. It is This pending legislation would include strike from the bill the third subpara- needed to bring equality to our profes- business activities, but would specifically graph on page 2 which refers to "the sional team sports in respect to the anti- exempt certain types of activities which right to operate within specific geo- trust laws of this Nation. It is needed
It is needed have little or no commercial significance. graphic areas."
at the same time to provide necessary These activities include the equalization of competitive playing strengths, the em- baseball, basketball, football, or hockey,
"(1) such intercollegiate football contest ployment selection or eligibility of and who wishes to use such skill in an
is between institutions of higher learning, players or the reservation, selection or athletic career the economic slave of
both of which confer degrees upon students assignment of player contracts, the right those who are engaged in these sports
following completion of sufficient credit
hours to equal a four-year course, or to operate within specific geographic on a professional basis for commercial
“(2) in the case of an interscholastic footareas, and the preservation of public gain.
ball contest, such contest is between secondconfidence in the honesty in sports The PRESIDING OFFICER. The bill ary schools, both of which are accredited or contests.
having been read the third time, the certified under the laws of the State or States It would cover sales such as the recent question is, shall it pass?
in which they are situated and offer courses sale of the Yankees. This purchase The bill (S. 950) was passed, as
continuing through the twelfth grade of the could be considered a vertical acquisi
standard school curriculum,
the follows: tion of a major supplier by a customer,
S. 950 for CBS is in a position of bidding on
“(3) such intercollegiate or interscholastic An act to make the antitrust laws and the the league television contracts and at
football contest and such game site were anFederal Trade Commission Act applicable
nounced through publication in a daily the same time is one of the 10 American to the organized professional team sports
newspaper of general circulation prior to League baseball teams voting on accept- of baseball, football, basketball, and hockey March 1 of such year as being regularly ance of such bids. Such a situation may and to limit the applicability of such laws scheduled for such day and place." or may not have been in violation of
so as to exempt certain aspects of the antitrust laws but if this bill had been
organized professional team sports of base- Mr. HART. Mr. President, I move to
ball, football, basketball, and hockey, and reconsider the vote by which the bill was enacted years ago, the Department of
for other purposes Justice or the Federal Trade Commis
passed. sion would have been authorized to in
Be it enacted by the Senate and House Mr. HRUSKA. Mr. President, I move
of Representatives of the United States of vestigate to determine if antitrust im
to lay that motion on the table. America in Congress assembled, That the Act plications were involved. of July 2, 1890, as amended (26 Stat. 209);
The motion to table was agreed to. Mr. President, I do not believe that the Act of October 15, 1914, as amended (38
Mr. MANSFIELD. Mr. President, the professional team sports are opposed to Stat. 730); and the Federal Trade Commis- question of the applicability of the antihaving their purely business activities sion Act, as amended (38 Stat. 717), shall be trust laws to professional sports has been covered by the antitrust laws. In fact, applicable according to their terms to the
a knotty one which has troubled both in justice to CBS it should be pointed out organized professional team sports of base
the courts and the Congress for more ball, football, basketball, and hockey, exthat the president of the Columbia
than four decades. The problem has cept that neither such Act shall apply to any Broadcasting Co. has testified that he contract, agreement, rule, course of conduct,
involved weighing and evaluating esalso thought the antitrust laws should or other activity by, between, or among per
sential sports practices as distinguished be applicable to the business aspects of sons conducting, engaging, or participating from the business practices involved in team sports.
in any one of the organized professional team sports in the light of fundamental antiNor do I believe that it is wrong for sports of baseball, football, basketball, or trust principles. Today this body has Congress to pass a law covering this hockey to the extent to which such contract.
passed a bill which seeks to accomplish problem. This is a legitimate function agreement, rule, course of conduct, or activ
this goal. of the legislative branch and is a matter
ity relates to of governmental concern.
I congratulate the junior Senator from The public ing strengths; (1) the equalization of competitive play
Michigan (Mr. HART], the chief sponsor needs and deserves this protection.
(2) the employment, selection, or eligibil
of the measure, chairman of the AntiIt is, incidently, far better for us to
ity of players, or the reservation, selection, trust and Monopoly Subcommittee of the solve these problems by legislation such or assignment of player contracts;
Judiciary Committee, and able manager as this which lays down specific guide- (3) the right to operate within specific of the bill, for his skill in shepherding lines for the professional sports involved geographic areas; or
the Professional Sports Act of 1965 so that they can then run their own busi- (4) the preservation of public confidence
through the Senate. He did so with the ness, than it is for the Government to in the honesty in sports contests.
very able assistance from across the aisle become actively involved in the manage- SEC. 2. As used in this Act, "persons" means
of the senior Senator from Nebraska ment of a particular sport as is being
any individual, partnership, corporation, or proposed in the establishment of a fedunincorporated association or any combina
[Mr. HRUSKA). tion or association thereof.
But an equal measure of commendaerally appointed Boxing Commission.
SEC. 3. Nothing in this Act shall affect any
tion is due to those who so capably proI would hope that the Senate will not
cause of action commenced prior to the effec- posed and pressed their amendments, follow the lead of the other Chamber and
tive date hereof in respect to the organized both in committee and on the floor. I pass legislation creating such a commis- professional team sports of baseball, foot- refer especially to a skillful and distinsion, but the best way to avoid such po- ball, basketball, or hockey.
guished lawyer, the senior Senator from licing duties in the future for all sports SEC. 4. Nothing in this Act shall be con
North Carolina (Mr. ERVIN), the disand at the same time protect the public strued to deprive any players in the organized would seem to be passage of legislation professional team sports of baseball, football,
tinguished senior Senator from Wisconwhich would allow the professional team basketball, or hockey of any right to bargain
sin (Mr. PROXMIRE), and the distinsports to police themselves within the
collectively, or to engage in other associated guished Senator from Colorado [Mr. AL
activities for their mutual aid or protection. LOTT). general legal framework of such laws as
SEC. 5. Except as provided in section 1 of the antitrust law.
The skillful handling of this measure this Act, nothing contained in this Act shall I urge, therefore, the adoption of S.
and the spirited debate surrounding it be deemed to change, determine, or other
are a credit to this entire body. 950.
wise affect the applicability or nonapplicabilThe PRESIDING OFFICER. The bill ity of the antitrust laws to the organized
Mr. JAVITS. Mr. President, what has is open to further amendment. If there professional team sports of baseball, football,
been done here to revise the antitrust be no further amendment to be offered, basketball, or hockey.
laws will be of great benefit to profesthe question is on the engrossment and
SEC. 6. Section 3 of the Act of September sional sports and with respect to the the third reading of the bill.
30, 1961 (75 Stat. 732), is amended to read whole temper in which the sports are The bill was ordered to be engrossed as follows:
carried on in the United States. for a third reading, and was read the
“Sec. 3. Section 1 of this Act shall not apply
It is critically important to my city to any joint agreement described in section and State. I am delighted that it has third time.
1 of this Act which permits the telecasting Mr. ERVIN. Mr. President, I shall of all or a substantial part of any profes
been done finally. vote against the bill on passage for two sional football game on any Friday after 6
I congratulate the Senator from reasons. First, the bill makes it lawful o'clock post meridian or on any Saturday Michigan [Mr. HART], who has done a for persons who operate professional
during the period beginning on the second splendid job in piloting through the Senbaseball, football, basketball, or hockey
Friday in September and ending on the sec- ate intricate and difficult legislation, clubs to do things for which other Ameri
ond Saturday in December in any year from which will be of great value to millions
any cans are to be subjected to damages, fines, seventy-five miles of the game site of any
seventy-five miles of the game site of any of Americans, young and old alike, who or imprisonment.
intercollegiate or interscholastic football con- will thank him for having brought reguSecond, the bill makes every person in test scheduled to be played on such a date larity and order to what has often been the United States who possesses skill in if
the subject of uncertainty.
I also congratulate one of the ranking was considering whether to exempt base- Concerned for the morale and harsh Republican members of the committee ball from the antitrust laws.
conditions of the South Vietnamese [Mr. HRUSKA), who cooperated in the Casey was under questioning by Sena- soldiers, Mr. Anthony Ustjanauskas, of successful handling of the bill.
tor JOHN CARROLL, of Colorado. I quote Hartford, Conn., sent a sizable check to a short excerpt from that testimony: Ambassador Maxwell Taylor in Saigon.
Senator CARROLL. That was not the quesTRIBUTE TO CASEY STENGEL
He suggested that this money be used to tion I asked you, and I only asked you on buy gifts for the wounded soldiers of the Mr. WILLIAMS of New Jersey. Mr. your long experience
Vietnamese Army. President, I rise to pay tribute to one Mr. STENGEL. Yes, sir. I would not be in it Ambassador Taylor was impressed by of nature's noblemen, Casey Stengel. 48 years if it was not all right.
this idea, and with the money purchased Time and physical infirmity have accom
Senator CARROLL. I understand that.
transistor radios for distribution among
Mr. STENGEL. Well, then, why wouldn't it plished what combative opponents, in
the wounded South Vietnamese in Can stay that? transigent umpires, and heckling fans
Senator CARROLL. In your long experi- Tho Military Hospital. These radios, could not accomplish for over half a
which help to ease the tedious and paincentury. The "Ole Perfesser" is retiring Mr. STENGEL. Yes.
ridden hours, were gratefully received from the playing field-unbeaten, but Senator CARROLL. Do you feel—you have by the hospital and its patients. unable to continue taking a fully active had experience through the years
This gift, an expression of American part in the game.
Mr. STENGEL. That is true.
Senator CARROLL. With the draft system,
appreciation for the courageous fight
which the South Vietnamese are waging, not know him, is the peerless leader of you think
you could still exist under existing
received considerable coverage and the practically peerless New York Mets. law without changing the law?
attention in various Connecticut newsHe is a man who, over a period of 75 Mr. STENGEL. I think it is run better than papers. years, has acquired a vast tolerance for it has ever been run in baseball, for every It met with spontaneous public apthe vicissitudes of life. As a player and department.
Senator CARROLL. Then I come back to the then a manager, he has experienced the
proval, and soon Mr. Ustjanauskas was
receiving inquiries from many who sublime and the ridiculous. He reached principal question. This is the real question before this body.
wished to take part in this effort. the pinnacle of his career in winning five
Mr. STENGEL. All right.
Money and checks began to come in, world's championships in a row with the
Senator CARROLL. Then what is the need and a special bank account and the seryNew York Yankees. With his graceful for legislation, if they are getting along all ices of an attorney were needed to hangift for placing what might be embitter- right.
dle these funds. ing defeat for smaller men in its proper Mr. STENGEL. I didn't ask for the legisla
It was then decided that a committee perspective, he has tickled the funnybone tion. [Laughter.] of baseball fans on many occasions.
Senator CARROLL. Your answer is a very might be formed to expand the initial Though some may think that the Kefauver put to you. good one, and that is the question Senator idea on a larger scale. As a result, the
American Friendship Committee for amazing Mets have taxed his sense of
Mr. STENGEL. That is right.
South Vietnam was established as a nonhumor to the utmost, it was the old Senator CARROLL. That is the question Sen- profit organization on July 22, 1965. Brooklyn Dodgers who brought out the ator O’Mahoney put. most ingenious in Casey. They were not
Mr. STENGEL. Right.
Mr. Ustjanauskas serves as secretary
of the committee. Dr. Emanuel Marcus, only an unusual baseball team, they
Casey brought one of his young Yankee a reserve colonel now with the Veterans' were, individually and collectively, as un- ballplayers with him, Mickey Mantle. Administration, is president; George usual—and I use that word advisedly—a Mickey had long been under the wise Sherman, an attorney, is vice president; bunch of characters as ever were assem- tutoring of the Ole Perfesser.
and Raymond Woolson, a bank official, bled in a dugout.
And when he was asked his opinion of is treasurer. But Casey, with his rich sense of hu- the antitrust laws in reference to base- The contributions made by interested mor, topped them all. One day, while ball, he showed that the lessons had been citizens are credited to a special account taking a verbal shellacking from the learned. His reply was:
and sent directly to the U.S. Ambassador crowd, he doffed his cap to the assembled multitude—and a bird flew out,
My views are just about the same as in Saigon. Decisions as to the purCasey's.
chases are made there, and the gifts are effectively silencing his hecklers. I tell this revealing little anecdote, not
Mr. President, with the kind of resil- then distributed to wounded South Viet
namese soldiers. just to illustrate what an amusing and ience and joy of living Casey has shown
Because there has been such a heartenjoyable character Casey is, but also with the great contributions he has made to illustrate what a shrewd handler of in the past I know that he will continue ening public response to this program, people the Ole Perfesser is. to make contributions to baseball and the committee now hopes to expand
their efforts to include gifts of used With a nimble mind and a lively to the American scene as a vice presiimagination, Casey has devised many dent of the Mets, working with young clothing, and also to help promote simi
lar programs in other States and comways of dealing with many people and people on the west coast.
munities. situations during his years in baseball. He handled an angry crowd or a friendly
Americans are aware of and underTHE AMERICAN FRIENDSHIP COM- stand the brutal toll of this critical consportswriter with equal ease. But, per
MITTEE FOR SOUTH VIETNAM haps, his greatest achievement has been
fict, and the people of South Vietnam in his handling of young people. Casey
Mr. DODD. Mr. President, the feel- appreciate the growing desire of our citihas established a reputation as the finest ing and compassion of Americans for
zens to help. The patriotic and humane developer of young ballplayers in the the plight of the people of South Viet
efforts of individuals and groups, such business. He teaches his lessons in many nam continues to impress me tremen
as Mr. Ustjanauskas' committee and the different ways—by example, with a wink dously. While our Government and Virginia Jaycees, are meaningful, tangior a nod-or with that unique command Armed Forces help to fight Communist ble contributions to the fight for freedom
in southeast Asia. of the English language which has been aggression in southeast Asia, private termed Stengelese—a now widely ac- citizens have responded with aid and
It is a great source of pride to me that cepted synonym for artfully scrambled assistance for the people caught in this the citizens of Connecticut have demonsyntax. bitter struggle.
strated in this way their concern for Casey has contributed in many ways In June, I spoke on the Senate floor the needs of others. to the game of baseball and to contem- about “Operation Friendship” and the
I would commend and encourage the porary American life.
motorcade of Virginia Jaycees who took initiative and good will of all those He even made his contribution to the food, clothing, and supplies to Fort throughout the Nation who have taken deliberations of this body, back on July 9, Bragg for shipment to South Vietnam. part in these voluntary assistance pro1958. He testified before the Subcom- Today I would like to bring to your grams. Obviously, this could have a mittee on Antitrust and Monopoly of the attention another good will effort under- very real and important effect on the Judiciary Committee, when the Congress taken by private citizens.
outcome of the present struggle.