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Baseball itself claims, or asserts, that by the American Association of College Base- The survey results clearly indicate that this amendment would somehow dam- ball Coaches (AACBC) and the National unless a college student-athlete is considage the admirable scholarship program
Collegiate Athletic Association (NCAA). It ered talented enough to merit a substantial under which a high school or col
not only affords a comparison of college base- bonus contract or at least is signed to a lege student who signs a professional ally weighs the merits of a student-athlete
ball and professional baseball, but it factu- major league contract, he has a slight chance
ally weighs the merits of a student-athlete of eventually reaching the major leagues. contract is given college tuition by the forgoing a college education for the un
A total of 224 (55.6 percent of 403) signed club who signs him. This scholarship certainties of a career in professional baseball. class B or lower classification contracts. Not program was in effect several years prior It is heartening to those identified with or one reached the majors; in fact, 168 or 75 to this year's draft, the first in baseball interested in college athletics to observe the percent dropped out of professional baseball history, and there is absolutely nothing growth of baseball as an intercollegiate sport.
growth of baseball as an intercollegiate sport. before progressing beyond the classification in the amendment which would prevent The expansion is occurring at a time when in which they signed. Only 4 of the reits continuation. If a boy has the desire
professional baseball is confronted with the maining 56 (1.7 percent of the original 224) and intellectual curiosity to complete his
shifting of franchises to stimulate interest progressed as far as AAA.
It is interesting to note that of the remaineducation a little at the time during system.
ing 179 who signed class A contracts or betthose periods of vacation he is allowed
Those who are impressed by the payment ter, 99 were seniors, 43 juniors, 14 sophofrom his profession, he is to be com- of super bonuses to a comparatively few
mores, 19 freshmen. There were four whose mended. However, this would be a rare prospects should be sobered somewhat by the
classes were not specified. This indicates individual, for the season runs from facts in this report as to what happens to the
that the longer a student remained in school
the more valuable he became. vast majority of student-athletes who atspring training to late September and
From this even October. During the winter tempt a professional baseball career in pref- group came the 20 major league players; i.e.,
11.2 percent of the 179 achieved their goal. months professional rookie leagues are erence to a college education.
The survey also disclosed that the athlete maintained by the majors in Florida spe
who signs a nonbonus contract has a 50 to cifically for the young players of college Ninety-two percent of the member institu- 1 chance of reaching the majors if he signs age. And, as I shall point out in more tions of the NCAA sponsored baseball on an a major league contract; from an A to AAA detail in a moment, most boys who leave intercollegiate basis during the 1957 season.
contract his chances are approximately 400 college to play professionally, never re
This represents an increase of 6 percent over to 1; as indicated, his chances are nil if he
1954 when 86 percent of the NCAA member- becomes a party to a class B, C, or D contract. turn, despite the scholarship program.
ship conducted intercollegiate baseball. The A college product who signs a bonus conRecently I have been asked why the
433 participating NCAA member institutions tract has a 4-to-1 chance of reaching the special attention to the college student. provide equipment, facilities, coaching and majors. Forty-seven of the 403 players In these days of annual bills appropriat- competition for more than 15,000 student- (11.7 percent) received bonuses to sign. ing more and more for Federal aid to athletes.
Twelve (25.5 percent of 47) were in the major higher education, at a time when we all
leagues in 1957; 22 (46.8 percent) were out realize that education is important not In 1953, 36 minor leagues of all classifica
of baseball and 14 were scattered between tions finished the season. only for the economic well-being of the
In the spring of
Class AAA and class B teams. individual, but also to the future of the 1958, 24 minor leagues (a decrease of 33 per
VALUE OF COLLEGE EDUCATION Nation, the answer should be clear. It
cent from the 1953 figure) started the sea- In 1954–55, 30 percent of college-age boys
son. As of last month (August), the same is inconceivable that we would enact leg
and girls in this Nation attended college. 24 leagues involving 173 clubs were in The educational statisticians predict that as islation which the colleges feel encouroperation.
of 1971-72, 50 percent of college-age young ages young men to give up their educa
The total number of players in profes- people will seek higher education. tion during the same session of Congress sional baseball in 1958, including the 400 in The survey shows that 81 percent of colwe give massive aid to the same colleges. the major leagues, is less than 4,000.
lege freshmen and 77 percent of sophomores But if we are to enact such legislation,
signing professional contracts withdraw perlet us make certain we preserve the free- NCAA colleges and universities provided education for a highly speculative career in
manently from college, thus sacrificing their dom of contract for those who leave 448 first-class diamonds in 1954. A survey of baseball. college. 1957 facilities shows that NCAA members
It has been reported that a college educaStudies have shown that a college have 562 baseball fields. In 3 years, the aver
tion is valued in excess of $100,000. This is education is worth $100,000 in lifetime age per institution has increased from 1.09
based on a survey which shows that the to 1.27. It should be noted that these fields earnings to the individual. Studies have
average college graduate earns 88 percent are cared for by the regular building and also shown that while fewer than 5 per
more than the average high school gradgrounds departments of the institutions and cent of those who leave college to play
uate-or a total of more than $100,000 durare complemented by ample dressing rooms ing a lifetime. professional baseball ever reach the and locker space.
The value of a college education can only major leagues and have a meaningful
increase. baseball career, more than two-thirds
Further testimony to intercollegiate basenever return to finish their education. It is my strong opinion that when a college ball's growth is the fact that in 1957, NCAA
(From the Milwaukee (Wis.) Journal, member universities and colleges played
June 9, 1965] student gives up so much for so little
10,950 games. In 1954, NCAA institutions to enter professional baseball, the least reported 8,944 games. This represents an
BASEBALL STILL THINKS FIRST OF ITSELF we can do is grant him the freedom to average increase of more than 3 games per
(By Oliver E. Kuechle) contract and seek the best offer.
institution—1957: an average of 24.8 games; Why can't baseball leave kids still in school I strongly urge that my amendment 1954: an average of 21.7 games per college. alone? Why must it tempt them with bonus be adopted.
money not to go to school? The free agent Mr. President, I ask unanimous con- More than 850 coaches are employed at the
draft, introduced at a joint major league sent that the following items be in- 433 NCAA members which conduct inter- meeting in New York Tuesday, may one day
collegiate serted at this point in the RECORD: "A
save baseball from its wild, ruinous bidding
15,000 studentathletes. Over 85 percent of these coaches
of the past, although this remains to be Summary of Intercollegiate Baseball and are employed on a full-time basis.
seen, but once more it places its own selfish Its Relationship to Professional Base
welfare above the welfare of the boy. ball," and the article, “Baseball Still
Of the first 20 young men drafted Tuesday, Thinks First of Itself” from the Mil- The Nation's colleges have a multimillion and these are the men baseball under its waukee Journal, June 9, 1965, and the dollar investment in baseball, considering rules of the draft must sign to major league article, “Smell Detected in Pro Football”
only equipment and real estate value. In contracts, 15 were 17 or 18 year olds who had from the Washington Post of August 17,
addition, the NCAA membership annually just received their high school diplomas, 4
spends more than $5 million on the sport. others were 18 or 19 year olds who had just 1965.
CHANCE OF SUCCESS IN PROFESSIONAL There being no objection, the material
completed their sophomore year in college BASEBALL
and 1 was a 21 year old who had just comwas ordered to be printed in the RECORD,
pleted his junior year. as follows:
This study included a sampling of college baseball players (403) who signed profes
Why interrupt education? Baseball is not
sional baseball contracts during the 1947-57 that important except to itself.
Of the 403 college players, 20 (4.96 percent) Admittedly, not all of the high school boys INTRODUCTION
were playing in the major leagues in 1957. picked were of college timber or were even The information contained in this sum- of the 20, 12 signed bonus contracts and of a mind to continue on to college, and if mary was obtained from surveys conducted 8 were nonbonus players.
baseball approaches such boys there can be
no quarrel. A job in baseball with a bonus The scandalous tales concern the cases Those who are engaged in operating is better than a job parking cars with no where booze and broads were used as bait professional teams undoubtedly regard bonus. Admittedly, a high school boy who to trap college boys into compromising posi
to trap college boys into compromising posi- them as sports, but they are not engaged wants to go on may still say "no" to the tions where they could be blackmailed into game's blandishments although only a boy signing contracts.
in altruistic operations; they are enwith his feet on the ground (or a parent)
All last winter, the football grapevine gaged in moneymaking operations. I can say the “no” to a $100,000 bonus. Ad- brought stories of cloak-and-dagger opera
brought stories of cloak-and-dagger opera- respectfully submit that we ought to see mittedly a higher education, by itself, does tions as the National League and American to it that the college players retain the not guarantee a richer, fuller, and better League competed for talent. Stanley Frank freedom of contract which belongs to all
, adult life although there are very interest- retells a number of these yarns, perhaps de- other Americans, at least while they reing statistics on this.
liberately mixing details of some cases to pro- main in college. If teams wish to have In principal, though, baseball's tempta- tect the young men involved.
a draft, let them draft under this bill tions are still wrong. You don't interrupt At best, the stories tell about kids being after the boys have completed their edua boy's education for a game. In a day when
snatched off campuses and held incommunieducation has come to mean more than ever, cado in motels until they have been drafted
cation. Or, if they are not willing to when a boy without education often has two and signed.
negotiate for the boys on the free marstrikes on him in later life, you don't lure
At worst, they tell of instances where boys ket, let us allow a boy to get the highest him from the classroom.
were primed with liquor and housed with price he can get for his skill. And baseball indiscriminately tries to. accommodating ladies until, at some hour
closing discussion on the NOT SO
like 4 a.m.. they would be invited under amendment, I would like to call for the The argument is often advanced: "Let the threat of exposure to accept an offer from
yeas and nays. I do not know whether kid take the money. It's hard to come by. a pro team.
there is a sufficient number of Senators He can always go back to school.”
Befuddled by grog and burdened by an present to order them. It is an argument insidiously false. The uneasy conscience, a young man does not
With the assurance of my friend from facts don't support it at all.
necessarily make the best deal he can for his
services. The National Collegiate Athletic Associa
Michigan that he will join with me in tion made a study a few years ago of college One story, at least, has a happy ending such a request, I yield the floor. boys who interrupted their education to go A kid who had been trapped got back to col- Mr. HART. I assure the Senator that into baseball. Know how many never re- lege, found out how much more a teammate I will join in seeking to obtain the yeas turned to school whatever their intention? was getting from the other league, and hired and nays on his amendment. Eighty-one percent of the college freshmen a lawyer. The pro team that had collared
The PRESIDING OFFICER (Mr. never did and 77 percent of the college soph- him quickly upped the price rather than let SPARKMAN in the chair). The question
is omores. They were through with formal the truth be told in court.
on agreeing to the amendment of the education.
These tales have been kicked around so In the same study, the NCAA sought to freely it is inconceivable that they have
Senator from North Carolina [Mr.
ERVIN). learn what success in baseball awaits the failed to reach the ears of Pete Rozelle and college boy who in the period from 1947 Joe Foss. Up to now, however, neither the
Mr. HRUSKA. Mr. President, I rise through 1957, chose to go into baseball. Less commissioner of the National League nor the reluctantly. It is not often that my colthan 5 percent stuck in the big leagues, commissioner of the American has taken cogcommissioner of the American has taken cog- league from North Carolina and I find
I 4.96 percent to be exact. nizance of the situation publicly.
ourselves at a different point of view in WHY?
They're going to have to take cognizance a matter of this kind. There are few There comes to mind here what both Joe of it, for without firm action upstairs, con
issues of any kind on which we differ. DiMaggio and Ted Williams separately said ditions are going to get worse. The inter
However, in this instance I believe there after their playing days were over. "If I had league war has escalated, as the political
are sound reasons why we should not go to do it over,” each observed in effect, "I writers say, into total war. If the struggle would get an education first and play base
goes on, the belligerents will find new and along with the Ervin amendment and ball later." dirtier ways to operate.
why it should be rejected. Each quit school to play baseball. Each It is a sorry situation, sorriest because it
I start by saying that the purpose of became a superstar. Each has financial se
need not exist. There is no reason except the bill is to exempt certain aspects, specurity today. But each also obviously feels
for the stubbornness of a few men why two cifically including the "Reserve Clause an adult void.
leagues cannot coexist peacefully in this and Drafting of Players” of organized The average bonus baby, today, after a country, cheating only a little for the fun
professional team sports of baseball, little flurry perhaps, winds up in the dwinof it.
basketball, football, and hockey, from dling minors. And the average bonus baby
Human nature isn't going to change. the antitrust laws. finds that what once was held up so tempt. Either these guys make peace, or they buy
We know the history of the antitrust ingly to him shrinks unbelievably fast after themselves a scandal that will make a few taxes.
bets by a few players look like good, clean laws. Briefly, in 1953, the Supreme Court Why can't baseball leave kids alone until fun at a Boy Scout's jamboree.
of the United States in the Toolson case their college years are over or they have
followed the Supreme Court decision of
Mr. ERVIN. Mr. President, I have 1922, which held that baseball was in flunked?
heard only three arguments made effect, exempt from the antitrust laws.
against my amendment. One was that However, in 1957 the Supreme Court in [From the Washington (D.C.) Post, Aug. it would prevent professional teams from Radovic against National Football League 17, 1965) signing a college player. I think I have
ruled that professional football was subSMELL DETECTED IN PRO FOOTBALL
demonstrated by my argument that (By Red Smith) that argument is totally lacking in sub- ject to the antitrust laws, thus placing
professional basketball and professional NEW YORK, August 16.—Stanley Frank, who stance. The only thing my amendment hockey under the antitrust laws. Beused to be a newspaperman himself, has a would do would be to assure college playpiece in the September issue of True called ers during their continuance in college introduced in the Senate and the House
ginning with 1957 a series of bills were "The Dirtiest Scandal in Sports.” The situa- of the right to sell their services to the of Representatives to exempt profestion he describes has not been a public scan- highest bidder for cash and to negotiate sional football, baseball, basketball, and dal because the public hasn't been aware of it. But the tales he tells are scandalous and with each business employing profes
hockey from certain aspects of the antithey are dirty. They are also true. sional players.
trust laws; namely, the draft system, the The piece describes some of the methods As to the argument about the profesused last fall by professional football clubs sional scholarship system, I think I have preservation of public confidence in the
reserve clause, geographic areas, and competing for the services of top college play- fully answered it. ers.
honesty of sports contests. Also in
The third objection is that the amendSomebody knows about the pros violating ment applies to college players, and not fessional team sports from antitrust laws
cluded was a provision to exempt protheir own rules and breaking promises to the to high school players. It is a peculiar in negotiating television contracts by the colleges by signing undergraduates secretly before they were through with amateur com
thing that Senators who oppose the ap- respective leagues. petition. Nobody got wildly excited about plication of the amendment to college
This year S. 950 was introduced on it, except the coaches and athletic directors students are concerned about the failure February 2, 1965, and I was one of the of schools directly affected, because it was to include high school students. For common knowledge that this sort of cheating their information, if my amendment is Illinois (Mr. DIRKSEN] had suggested an
For cosponsors of the bill. The Senator from had been going on for years, even back in the days when the National League had the field adopted, I will send to the desk another amendment to S. 950 which would have to itself and didn't have to bid against amendment to the bill to include high put into the bill the new rules and reguanother league. school players as well.
lations enacted by professional football rules which would have prohibited pro- However, I am particularly concerned There being no objection, the excerpts fessional football from signing a college about this particular wording in the Sen- were ordered to be printed in the RECORD, football player to a professional football ator's letter:
as follows: contract prior to the completion of the
One of these exemptions given to football, On page 328 of the printed hearings, Tuescollege football season during the fourth basketball, baseball, and hockey, is the right
basketball, baseball, and hockey, is the right day, February 22, 1958, William Howton, star year of matriculation in college. He for the teams to meet and decide among player of the Green Bay Packers and presispecifically left out professional base- themselves that only one team has the right themselves that only one team has the right dent of the National Football League Play
ers Association, stated, and I quote: ball, basketball, and hockey because their to negotiate with an individual. This, of
course, is done so that bonuses and other systems of drafting players are such that inducements which the professionals offer
"I appreciate the opportunity to appear
before this committee as representative of to include them in the amendment might for talent may be kept at a minimum. It is the players association, to present our views seriously damage the drafting of players. also claimed that this action in restraint of
also claimed that this action in restraint of regarding the problems of antitrust laws The distinguished senior Senator from trade helps even out the chances of various as related to professional team sports. North Carolina [Mr. ERVIN] introduced teams which compete in a sport.
"After much thought and careful considan amendment approved by the Judi
Whatever the merits of this practice may eration we of the players association realize
that due to the unique and somewhat peciary Committee which would go to all be generally, it is my strong opinion that four professional sports, football, basket- to play as professionals should have the op- sional team sports, that the clubowners are
boys in college who give up their education culiar aspects in the operation of profesball, baseball, and hockey.
portunity to negotiate with all teams in order vulnerable to antitrust attacks. I have been receiving calls from staffs to secure for themselves the most attractive "We feel that some legislation should be of various Members of Congress and of offer. Therefore, I introduced an amend- enacted to partially relieve the club owners college and university athletic staffs as ment, adopted by the Judiciary Committee, from their present position. That is to say, to the confusion as to the impact of the which would withdraw the antitrust exemp- for the good of professional team sports as Ervin amendment on the professional tion allowing exclusive rights to negotiate a whole, legal privilege should be allowed
with college players during their 4 years of team sports bill.
concerning the player draft and reserve college. My amendment in no way prohibits College football coaches and athletic teams from signing college players; rather,
clause, with which this committee is no
doubt very familiar." directors have been urging the adoption it prohibits the professionals from agreeing He stated further (p. 329): of the Ervin amendment because they that not but one team participating in a
“We recognize the player draft and rebelieve it would prohibit raiding of col- sport has the right to negotiate wih a player.
serve clause actually puts us in an adverse lege football players whereas Senator Its sole purpose is to insure freedom of
bargaining position with our clubs, but for ERVIN's letter clearly states that the purcontract to those who give up their general
the good of the sport we are happy to go education in order to enter the business of pose of his amendment is to protect a col
along with the relaxation of laws pertaining professional sports. This provision has the lege baseball player—who may also play support of the National Collegiate Athletic
to them since they are beneficial to all.
Otherwise successful teams would dominate football or other college sports by en- Association and a great many of the colleges the game and the weaker ones would die on abling him to negotiate with more than of this country.
the vine." one major league baseball team prior to Because my amendment has been widely
On page 331, he stated further: his completion of his collegiate athletic misinterpreted, I felt this letter of clarifica
"Mr. Dixon. Were you paid anything by career. The present major league free tion would be helpful. I earnestly hope that
Green Bay at that time? agent draft requires that the drafted you will give it your careful consideration and will vote to retain it.
“Mr. HOWTON. I was drafted by the Green college player negotiate with only the
Bay Packers in 1952. At that time, I beteam that drafted him and if the terms After reciting some of the background came the property of the Packers, and I reare not acceptable, he would then be sub- and history and necessity for the amend- ceived no money upon signing a contract, jected to a free agent draft 6 months ment, the Senator from North Carolina and my first check from the Packers came later. goes on to say:
after the first league game which is about
the last Sunday in September. The meaning of this is that Senator Therefore, I introduced an amendment,
“Mr. Dixon. How do the players feel about ERVIN'S amendment would encourage adopted by the Judiciary Committee, which
this system? Do they feel that it is equicollege baseball players who may also would withdraw the antitrust exemption table? be competing in other collegiate sports allowing exclusive rights to negotiate with
"Mr. HOWTON. We realize that it eliminates to leave college and enter professional college players during their 4 years of col
our ability to bargain with the clubowners lege. My amendment in no way prohibits baseball in his first second, third, or
and it appears to be in violation of the antifourth year of college matriculation. In prohibits the professionals from agreeing teams from signing college players; rather, it
trust laws because it is in restraint of free
trade. this event, definitely that player would that not but one team participating in a be lost to the college football team or sport has the right to negotiate with a player.
"But it appears to be the lifeblood of pro
fessional football, also.” other college sports for the balance of Its sole purpose is to insure freedom of conhis collegiate career. tract to those who give up their general edu
On page 340, Lester Richter, football star
of the Los Angeles Rams, stated as follows: It should be remembered that the pur- cation in order to enter the business of professional sports.
"Mr. RICHTER. Senator Kefauver, I, as a pose of the original Dirksen amendment
player in the National Football League, am was to prohibit the raiding of college Mr. President, the reason I signal this one of over 400 football players representing football players, primarily when in the quote is that the Dirksen amendment the league, feel that the legislation that is past few years the National Football was designed to prohibit professional now before this subcommittee is important League and the American Football football from signing a college football
to the welfare and lasting existence of the
National Football League. League were trying to outbid each other player before the 4 years of college foot
"As a player, I can foresee greater things in obtaining the best college football ball eligibility were completed. There
in the development of professional football players. Since the Ervin amendment were instances of raiding of the college if the draft is protected. I feel the draft is does not prohibit the raiding of col- football players which caused concern a definite reason why the National Football legiate football players and other col- among college officials and Members of League has developed to the limits and legiate athletes but is only intended to Congress. However, my understanding heights that it has to this present day. nullify the major league free agent draft, of the Ervin amendment is that it could "The draft, although in many instances it this amendment would be inappropriate be interpreted to kill the free agent and might seem unfair, has balanced the league to meet the requests of the National Col- draft system employed in certain profes
in the 5 years I have been playing in the Nalegiate Athletic Association and the col- sional team sports which draft system evenly balanced football teams and I feel
tional Football League, to where we have 12 legiate football coaches who are attempt- has been declared to be the lifeblood of
that on a given Sunday when we play our ing to protect the raiding of their college professional team sports.
National Football League games, due to the players.
I ask unanimous consent to have outcome of this draft, we are drawing greater Recently, the distinguished Senator printed in the RECORD the language con- crowds than we ever have before. from North Carolina wrote a letter to tained in some of the official printed
"As an example, last year the Los Angeles all members of the Judiciary Committee, hearings of the past dealing with profes- Rams, which to my regret were, in a sense, and to all Members of the Senate, if I sional team sports, and dealing with this win, six-loss record, were the first football
a second division club finishing with a sixremember correctly, in which he set out subject of the draft system as it exists team in the history of professional football the position of his amendment which he in the sport as being the lifeblood of pro- and college football to draw over a million eloquently restated just a moment ago. fessional team sports.
people in 1 year through the turnstiles.
“I think this is due to the game itself, be- and never has the reserve clause. been four on one team that are in that same situacause we are playing better football because brought up among the ballplayers, as to some tion, they are all draftable. of the balance created by the draft. limitations.
“Senator KEFAUVER. I thought the rule "As far as the reserve clause, so-called, in "Senator KEFAUVER. Have you, in your 20 used to be that you could draft only one perfootball, it is much different from that of years' experience, ever been dissatisfied with son. Has that been changed? baseball, and I am not an expert. I do feel your salary or with the team where you were "Mr. Yost. That is right. That was that the reserve clause is necessary to pre- going to be sent to play?
changed in December of last year. serve the rights of what we have established “Mr. MUSIAL. No; I never have. Most ballto date.
players playing in the minor leagues, they "Senator CARROLL. Would you say a young "I, myself, would like to have the right to are satisfied with conditions, and their main man in high school who wants to be a major play a year and then turn around and bar- objective is to get to the big leagues, so I leaguer, when he signs up is not, or would gain with another club, and I know you have think they are satisfied.
you say that he is, thinking of money, or is two of the greatest players in the game today "Mr. MUSIAL. Other than the fact that we he thinking of perhaps a little fame and in Kyle Rote and Bill Howton, both of whom did not, as I said earlier, we did not discuss glory, too? I shudder every time we have to face them, the terms down at the Key West meeting. "Mr. Yost. Well, that could work both but they are players
I don't think the ballplayers knew too much ways. I know in my particular case, I didn't “Senator KEFAUVER. I do not imagine they about what was said down there at that time. think too much of money. I was concerned find it too pleasant facing you either.
"A little later on, after discussing these about playing big league baseball. "Mr. RICHTER. But they are players, where things with our Player Representatives Rob- “But at that time, they weren't giving out there are a few others in the league who erts and Yost, we felt it was not in the best the kind of bonuses that they are now, and have the ability and are of such stature interests of baseball to have the term, 'rea- I think a young fellow who has any talent that they could turn around and bargain sonably necessary' included in this particular almost has to be interested in the money freely with another club. bill."
angle, too. “This would, in turn, I think, create some Further a quotation of Robin Roberts, for- “Senator CARROLL. Is his contract always difficulties just the reverse of what the draft merly of the Philadelphia Phillies and the open to reconsideration to get more money? has done of balancing out the league. National League player representative, who I understand there has been some such testi"So, as the two main features of this on page 43 states:
mony? legislation exempting the two aspects that "The player representatives system in the "Mr. Yost. Yes; there is. we are discussing here, the reserve clause last 6 years-oh, I would say since 1952—has "Senator CARROLL. Every year? and the draft, as a player in the National become much more organized and much "Mr. Yost. As a matter of fact, it is open Football League, I am definitely for their more helpful to the ballplayer himself. The during the year, too. being deleted or refrain from being used in pension plan really came out of a strong "Senator CARROLL. Is this true in the minor the subject of antitrust laws.
player representatives system, and other leagues, also? “Senator KEFAUVER. You mean you are in benefits such as the minimum salary increase "Mr. Yost. Yes, sir; it is." favor of exempting them from the antitrust and other smaller things that have come up laws? have come through this meeting with the
Mr. HRUSKA. Mr. President, those “Mr. RICHTER. Yes, sir." club owners.”
excerpts from the testimony are from It would do well to quote from some of "Mr. CHUMBRIS. I have one here for clari- such players as William Howton of the the testimony from players in major league fication, Mr. Chairman.
Green Bay Packers, Lester Richter, footbaseball beginning with one of the greats “Mr. Roberts, on June 24, 1957, you ap- ball star of the Los Angeles Rams, Ted and one of the highest paid in baseball, peared before the House subcommittee, and Williams, formerly of the Boston Red Ted Williams, formerly of the Boston Red the chairman, Congressman CELLER, asked
Sox, and others—Stan Musial is among Sox who on p. 27 of the printed hearings you this question: of Wednesday, July 9, 1958, stated:
“Mr. Roberts, what are your views as to
them. They were interrogated at length, “After all, when you sign up in baseball, the unlimited clause? And your answer
and they testified along the lines sugas I understand it, you are their property was:
gested. then until they sell you, trade you, or re- "Mr. ROBERTS. I just said before the way
Mr. President, in later hearings on the lease you, and I think once you sign that, it is run now is the only way it has ever professional team sports bill, other witwhy, that's the way it goes for a ballplayer. been run. I think it has been thoroughly nesses, including the group of profes
“Senator KEFAUVER. Do you particularly examined and if they could come up with sional baseball, football, and basketball approve of that system?
something else, fine. I don't know myself league officials and players, have testi"Mr. WILLIAMS. Well, I personally don't and I don't think anybody else does, to be fied that the reserve clause and the draftsee how baseball could operate without the honest. reserve clause and still maintain the integ
"That is a summary of your views before
ing systems that they use in the respecrity of the game. the House committee.
tive professional sports are absolutely "I have looked at the legislation that you
"In appearing before us today, you made
necessary and that any action taken by are talking about, and the only reason that I would think there was a need for this leg- pression when you said, 'What is good for clause or the drafting of players would
a statement which may leave a wrong im- the Congress to upset either the reserve islation is to give baseball a chance to oper
the owners is good for the players.' ate as it has been operating. I know if I
be ruinous to the professional team had to do it all over again, I would do it views on the reserve clause than that one fected would be the players themselves.
"There is basically more reason to your sports and, thus, the most seriously afexactly the same way.
statement? "I think I have been awfully lucky, I know
In conclusion, professional team I have been lucky in baseball, and I know I
"Mr. ROBERTS. Yes, sir. I don't mean what have been treated wonderfully in baseball, is always good for the owners is always good sports, as testified to by the above witfor the players. We thought in this one par
nesses, must have the draft system and and I think the only reason for all this disticular instance, the reserve clause, that what
the reserve clause because they are "the cussion, as I understand it—and I am not a lawyer—is to give baseball a chance to is good for them in connection with the re
life blood of the professional team sport.” operate as it has operated and to give it a
serve clause and good for baseball will only We would all like to ensure the freedom chance not to be interfered with, because I
benefit the ballplayer in the long run. That of contract which would give the person think if it is, it is going to lose a lot of itsis what I meant by that statement."
the right to set the price for his services a lot of the wonderful things in it and a lot
The subcommittee also heard from Edward or for his wares but we know from exof the good things in it, and it is going to dis- Yost, star third baseman of the Senators and perience in certain business and profesrupt it by a lot of technicalities." the American League players representatives
sions there is not always that freedom. Another one of the greats, Stan Musial, who agreed with the testimony of Robin formerly of the St. Louis Cardinals told the Roberts and stated also, beginning at page 65: Farmers are told by the Government just committee on pages 35 and 37:
"Senator KEFAUVER. Do you have anything how many acres they can toil; oil people "Senator KEFAUVER. Do you still think, or else you want to add about this bill? Do you are told by the State just how much they do you not, that the reserve clause should feel the reserve clause has operated satisfac- can produce each month and also on an be limited to some number of years?
torily with your American League players? international level, how much oil they "Mr. MUSIAL. No; I do not. I think the "Mr. Yost. Yes, sir; I have had no com- can import into this Nation. Union reserve clause of baseball—most ballplayers plaints at all along those lines. You may members have delegated the right to understand the reserve clause when they sign hear of some now and then, but they are few negotiate for their wages to a committee. up.
and far between. "We have a better class of men coming into "Senator KEFAUVER. How about the draft
The above represents only one from baseball who know these various things provision?
each category of industry, agriculture, about baseball, the reserve clause, and the "Mr. Yost. If there is a fellow in your sys
and labor. workings of baseball, and when a young fel- tem that has played in the minor leagues for
It surely would not be freedom below signs up, why, he has an idea what he is 4 years, and you don't bring him up to the cause it would mean that without the getting into. We have our various meetings, parent club, he is draftable. If you have draft system-and it is functioning
pretty much as it has functioned hereto- approached the player, and they could Mr. HRUSKA. After he graduates fore--we would find that the more for- agree that only one team would ever from college, he can. tunate and more prosperous teams would make an offer to that particular player, Mr. BAYH. In the way in which they get the preference and get the better and he would have to take that contract are operating this year? players. But it would not be in the in- with that team or never play professional Mr. HRUSKA. As I understand, the terest either of confidence in the sport ball.
draft applies to either high school playnor in the interest of real competition. Mr. HRUSKA. That is not my under- ers, under the present system, or to col
It was the intent of the Members of standing. My understanding is that the lege students who have finished at least Congress in introducing the professional first team would get an opportunity to 2 years of college. team sports bills to exempt from the an- negotiate a contract with the player. Mr. BAYH. That is what I should like titrust laws the reserve clause and the Mr. ERVIN. Will the Senator read to have clarified. I should like to have right to draft players, a system which the bill at lines 11, 12, and 13? Where additional information on this point. has been in effect in professional team is there any such a limitation?
The Ervin amendment, as I understand, sports for many, many years. In asking Mr. HRUSKA. On what page of the applies only to the 4-year period in which the Senate Legislative Counsel's office to bill?
the athletes are in high school. The prepare amendments to prohibit raiding
Mr. ERVIN. On page 2. It states: Senator from North Carolina said that of the college athletes by professional teams, they prepared two versions, one, of players, or the reservation, selection, or would cover them in high school. This
The employment, selection, or eligibility later he would offer an amendment which applying only to football, to which I have assignment of player contracts.
deals with athletes who are subject to the referred earlier, and two, applying to all
draft. professional team sports which Senator
They could deny a man the right to
I wonder whether the Senator from Ervin introduced as the Ervin amend- negotiate with any other team or with Michigan would elucidate on this point. ment and adopted by the Senate Judici- more than one team.
Mr. HRUSKA. That is a conceivable the Senator's question, it goes to this
Mr. HART. If I correctly understand ary Committee. However, the Ervin amendment, as I have noted earlier, is result which could follow from that lan- point: What opportunity does a young not for the purpose of prohibiting raid- guage. I am talking about the arrange- man have who has been drafted by a ing of college players but in his own ment that prevails under the free-agent team in organized baseball under the free words:
system. That arrangement provides for agent draft, to negotiate with someone
a draft. The team at the bottom of the other than that team? My amendment in no way prohibits teams
Is that the signing college players; rather it prohibits list gets first chance to choose a player.
question? the professionals from agreeing that not but When it makes its choice, it enters into
Mr. BAYH. Yes. one team participating in a sport has the negotiations with the player. If success
ful, the parties arrive at an agreeable that is pending, offered in committee by right to negotiate with a player.
Mr. HART. I believe the amendment Thus, Senator Ervin's amendment figure for the purpose of entering into a the Senator from North Carolina (Mr. could, in effect, kill the free agent and contract. For example, it could be for
ERVIN), and the question which indicates draft system. If it is applied only to pro$105,000 with Mr. Mundy of the Kansas
the concern of the Senator from Indiana fessional baseball, it would discriminate City team. The deal is made. However,
[Mr. BAYH] brings us to the hard, direct against that professional sport alone but if the parties are unable to reach an
issue in this bill. The answer to the it goes further because it gives freedom agreement, another draft is held. At Senator's question is that under this bill
, of contract to boys who are signed before
draft lists and reserve clauses would be they complete their 4 years of college first draft was exercised, another
choice permitted to teams in organized profeseligibility but the amendment does not is made by the teams in the same way sional sports. As a consequence of that, give freedom of contract to college play- that the first draft was made. It may be the rules could
be such that a selected ers after said 4-year period of eligibility that the first team would again make nor to high school students who are qual- the draft. If so,
they would have an- player
would have no opportunity to bar
gain with other than the drafting team. ified to play professional baseball. other go-around. There is the oppor
Those of us who support that type of I urge the Members of Congress to de- tunity for that player to negotiate freely
antitrust exemption do so out of the feat the Ervin amendment.
as between himself and the team that Mr. ERVIN. Mr. President, will the drafts him. That is my understanding proach gives the best assurance of high
deep conviction that on balance this apSenator from Nebraska yield at that of how it works. point?
Mr. BAYH. Mr. President, will the of balanced competition provides the best
level, balanced competition. This kind The PRESIDING OFFICER (Mr. Senator yield ?
opportunity for a young man with proMUSKIE in the chair). Does the Sen- Mr. HRUSKA. I yield.
fessional athletic skill to obtain a salary ator from Nebraska yield to the Senator Mr. BAYH. I believe this point both
which may be the just envy of most from North Carolina ?
ers not only the Senator from North Car- Americans. The players represented Mr. HRUSKA. I am glad to yield to olina. This is a specific point on which I have said as much. They recognize that, the Senator from North Carolina.
should like to ask a question of the Sen- in the short haul, the man with the fast Mr. ERVIN. The 6-month provision ator from Nebraska, and perhaps of the breaking curve could do a better baris part of the present baseball draft sys- Senator from Michigan, also, to elabo- gaining job for himself if he were able tem. Under the pending bill, the pro- rate on this point. With respect to the to deal with 20 ball clubs. However, in fessionals could get together and draft first draft choice to which the Senator the long haul, they felt that their own persons in college of certain athletic has referred in his hypothetical exam- individual interest could best be served skills. ple with respect to Mr. Mundy, the only
by avoiding having the rich grow richer They could make an agreement that choice available to the athlete in the
and the poor drying up, with only two or no other team would ever negotiate with first instance is to deal with the club
three left to pay the man with the fast "A," if he did not sign the Detroit con- that has been given the right in the draft breaking curve. tract. agreement that was arrived at among the
That brings us to the issue as bluntly Mr. HRUSKA. Yes; they could if clubs; is that correct?
as we can put it, and the question of they agreed to do so.
Mr. HRUSKA. Yes.
determining between two competing Mr. ERVIN. That agreement could Mr. BAYH. Six months later another principles. As the Senator from Nebind the individual until the last trem- draft is held, and at that time the in- braska has said, freedom of contract is bling note of Gabriel's horn trembles dividual has an opportunity to deal with great. The maintenance of a system of into ultimate silence. another club. Is that correct?
professional team sports that enables a Mr. HRUSKA. Yes, to the last note; Mr. HRUSKA. That is correct.
number of clubs to pay substantial but it would be reached between the club Mr. BAYH. Is there ever a time under salaries is also desirable. To achieve the and the player.
the present draft arrangement or under latter we suggest that some limitation Mr. ERVIN. NO. That agreement the rules to which the Senator has re- be applied in the former. would be reached by the teams, and they ferred when there is an outright choice Mr. HRUSKA. May I ask the Senator would reach that agreement before they to deal with more than one club?
if there is not a second benefit? The