The Ottawa Journal from Ottawa, Ontario, Canada • Page 19

-1 May seek further action Supreme Court upholds baseball's reserve clause WASHINGTON (UP As could.be expected, ballplayers lined up on one side of the field and management on the other today following the (refusal of, the U.S. supreme court to act against baseball's antitrust exemption and the controversial reserve clause. There was also indication that further court action may 'come from the players. Perhaps the strongest reaction came from St Louis catcher Ted Simmons, who refused to sign his contract with the Cardinals earlier this: Simmons was obliged to play anyway when Cardinal management Invoked the newal clause. After hearing of the supreme court's decision on Monday, Simmons said In St.

Louis that if he was forced to play again under the same clause he would seek support of the major league players' association and perhaps in Over Howe trade TORONTO (CP) The Ontario Hockey Association "tabled" a reported agreement Monday night in which Lou- don offered to trade Mark Howe to their OHA Junior A Series rivals, Toronto Marlboros. The Major Junior A council of club owners, meeting behind closed doors, in effect told London owner Howard itiate suit to test the legality of the contract provision. WANTS TO SIGN "I want to sign my said Simmons, who. was offered $25,000 by the Cardinals but wanted $30,000. "Being a free agent is not ray intention right now.

If my contract is renewed again, I'd have reason to take action." By a 5-3 vote, the supreme court ruled Monday that professional baseball is immune from antitrust law, although conceding that the sport is now a "big business" engaged in interestate commerce. In the majority opinion delivered by Justice Harry A. Blackmun, the court said the anti-trust exemption "rests on a recognition and an accept-ance of baseball's unique characteristics and needs." This latest challenge of baseball's protective reserve clause had been brought by Darwin and Marlboros coach Frank Bonello to settle their own problems. The deal, offering the 16-year-old son of Gordie Howe, former National Hockey League great with Detroit Red Wings, to the Marlboros was drawn up May 16, the day before London selected Howe the midget-aged draft Signing the agreement were Flett returns to NHL Flyers PHILADELPHIA (AP) -R)ight winger Bill who jumped to the World Hockey Association, last month, returned to the National Hockey League today signing a three-year contract with Philadelphia Flyers. Keith Allen, general manager of the Flyers, said he expected no legal difficulties concerning the three-year contract Flett signed with New York Raiders of the WHA.

"BUI tells us that there was a clause In that contract which said they the Raiders had to deliver securities or money by a certain date or the agreement was null and void," Allen said. "They didn't" "We wanted to talk to Flett no matter what they (the Rai- ders. did. eW believe that he, Brent Hughes, and any of our other players who have aleg-edly signed with the WHA are still our property. We are pursuing all of them in a very aggressive manner." PENGUINS SIGN TWO PITTSBURGH (CP) John Lynch, 19-year-old defen-Generals of the Ontario Hock-ceman last year with Oshawa ey Association Junior A Series aggressive manner." was signed Monday by Pittsburgh Pengu'ns of the National Hockey League.

A Penguins spokesman said the 6-foot-2, 190-pound Lynch was the club's first draft choice in the recent amateur draft 'i' Curt Flood, who refused to re- port to the Philadelphia Phillies after being traded in 1970 by the Cardinals. Flood, brought a damage suit against the two major leagues on grounds of violating both federal and state antitrust laws, charging specific- ally that the reserve clause amounted to slavery. The baseball which was threatened by the possibility of overhauling its operations in dealing with players, was overjoyed at the decision. "The determination of the supreme court is helpful to all of us in professional sports in that the court has clearly restated its views on a number of important sports said baseball commissioner Bowie Kuhn. "I think the decision is constructive in its recognition that baseball has developed its present structure in re- OHA tells Darwin, Marlies to settle own problems London manager Doug Pratt, who was dismissed by Darwin this week, Marlboro general manager Tom Smythe and another Toronto official.

Darwin moved at the meeting Monday that the deal be voided. "We made a deal," said Bonello. "It was signed by both teams and as far as Fm concerned Mark Howe is a Marlboro." Toronto gave up two players in the deal from the OHA Junior champion Markham club Steve Larfgdon and Bruce Boudreau. Darwin late last week sought to use a technicality in the rules that forbid a pre-arranged selection by member clubs before the draft" If proven the player or players will become free from the selection and the club guilty of this will lose all its selections." If the Major Junior A council had accepted the language to veto, Toronto and London would have lost "every player they selected in the priority draft. 4 MEN'S AND BOYS' APPAREL STORES TO SERVE YOU liance on past court decisioa The decision opens the way for renewed collective bargaining on the reserve system after the 1972 season.

I am confident mat the players and the clubs are in the best position to determine for themselves what the form of the reserve system should be and that they will both take a most responsible view of their respective obligations to the public and to the game. "Any desirable changes should be the product of mutual agreement so that there will be assurance that all concerned are prepared to live with and support the result" CRONIN PLEASED American League president Joe Cronin said he was "very pleased" with the ruling. "I haven't had a chance to review the full opinion, but in my 47 years of experience in professional baseball, I never felt the terms of the uniform players' contract or the assignment of. my contract detracted from my human dignity," said Cronin, a hall of fame shortstop. "The reserve clause preserves the absolute integrity of the game, equalizes the competition and gives each club the opportunity to promote its very expensive player development program.

Calvin Griffith, owner of the Minnesota Twins, and Bob Short, owner of the Texas Rangers, also expressed their satisfaction. "Of course we're delighted with the verdict," said Griffith, and Short said he was "overjoyed for baseball, not that Flood Flood played for Short when his franchise still was in Washington before suddenly quitting the game. i Marvin Miller, executive director of the major league players' association, called upon congress to step into the matter. all other pro sports under the safeguard of the antitrust laws, the present. tate of the law is an 'aberration' that should be corrected by the congress," Miller said.

"We feel confident that the congress will accept the court's clear indication to act in this matter and we will be co-operating fully with the congress to achieve that OU'-NCAJLLERS HARDWARE COMPANY 'The Store of Personal Service' 122 Rideav St. 233-5601 Bodywork, Lamps and Rofttctort Engtnt Comportment Mirrors and Seating Gtexlng Material! Windshield Wiper and Oefrotter Lighting Equipment Operation Steering Column and Horn Steering Wheel Play and Jamming Service Brake Operation Parking Brake Operation Front Suspension, MtaollgniTMnt and Wear 1,670 1970 PLYMOUTH, Fury 1, 4 dr. AT, V-8, R. Blue with Matching Interior. 5601 $2,247 1 969 CORTINA, G.T.

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Finished in Green. 4771 6J. 2,039 The Ottawa Journal 19 "'HI WESTWICK SAYS: Close but no surprise Tuesday, June 20, 1972 It hardly seems possible that a majority of players ire surprised today over the United States Supreme Court ruling which rejected the effort of Curt Flood to abolish baseball's reserve clause. This was what it was all about in the attempt to challenge professional baseball's long-time exemption from the anti-trust laws. It's a decision that has been keenly awaited.

It's been subject to considerable conjecture, but in the long run even though there were three dissenting opinions the result could not have been a surprise to most people. It would seem almost certain, however, that some of the inequities in the system that has long ruled professional baseball may well be corrected before too long. There have been admitted inequities under the system, and there are faults too in football's less demanding regulations that permit the option clause. There probably always will be, but in the main even the Players' Association backing Flood's suit after his sale by the Cardinals couldn't be naive enough to feel that chaos mightn't result under certain other rules sought as a replacement There have been cases that have come to the notice of many people In sport including this corner that have aroused downright anger over the way some pro players have been treated. Major league heads in any sport undoubtedly have abused the privileges accorded them long ago.

NOT ALWAYS ONE-SIDED But it's been a twcvway street in many respects. You spot an abuse of their powers on the part of owners, and the' chances are good that a case promptly, will be uncovered where a certain type of player is equally unreasonable- in fads demands. In many cases the system in professional sport and even supposed amateurs is just about parallel with democracy. The latter may have its but it still appeals to enough people in the world (so far, at least), as the best system. We doubt that this decision will be hailed even by its supporters, or by the owners in big league ball, as a complete victory or complete vindication of the system.

It would be extremely dangerous if owners should even concede that this will be the last heard of it or that revisions aren't likely. For one thing, baseball's commissioner is only one whose remarks convey the Impression that he feels changes Should be initiated from within the ranks of baseball's brass. He mentions the hope of tackling the situation through collective bargaining, which is perhaps the only likely prospect but still not free of a few hazards. NOT ALL THAT UNITED While the Players' Association backed Flood and collectively have suffered a reverse, you're bound to' wonder whether they were as united in attacking the reserve clause as this suit might suggest. It probably isn't far from the truth to insist that many of the players don't feel that the reserve clause, for all the criticism, isn't a necessity: And many have learned to their sorrow that football's option clause hasnt been quite what it's been painted when It comes to actual operation.

Curt Flood has been a rather pathetic case in many respects despite his determination to press for "emancl- nation" of the professional baseball player. In the first place, as a $90,000 a year man, he didn't command as much sympathy as might have been the case of a player enjoying a lesser stipend. This may not have been grounds to question his sincerity, but it just seemed to many that tie wasn't being terribly "punished" in a trade that assured him the same salary. Then, of course, when Flood did make a comeback, the distractions had taken their toll. And the comeback never worked out for this extremely talented athlete.

WILL BE MODIFICATIONS -Right now we have the World Hockey Association being publicized as employing a system that will not include the reserve clause. Maybe the new group will make It work, though they don't pretend It will be entirely free of restrictions. It's often been the case when one supports the principle of the reserve clause, he's immediately accused of catering to the club owners, or the league heads. This dofsn't necessarily follow, As a matter of fact In many cases nothing could be further from the truth. It's merely' that nobody yet has figured a better system, and that's illustrated by the Supreme Court decision with its five to three result.

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