Clipping:Lehane case; interleague sales procedure; tension between the NL and AA

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Date Friday, March 14, 1890
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[reporting the Board of Arbitration meeting of 3/13] [ruling on the dispute between Columbus and New York for Mike Lehane] Columbus made out a strong case, showing in the evidence submitted that they were clearly entitled to the ex-Buffalo player’s services. It was shown that their negotiations for Lehane were carried on in the regular way, and that they violated no rules in securing the services of this player. Affidavits from Manager Buckenberger, of Columbus; Secretary Fitzgerald, of Buffalo, and Manager Leadley, of Detroit, were submitted in evidence, in addition to an agreement signed by Lehane to play with the Columbus team, and the correspondence bearing on the subject whici proved conclusively that the Buckeye club had a clear title to the tall first baseman. Columbus first purchased Lehane’s relese from Buffalo, which the affidavits of Messrs. Buckenberger and Fitzgerald proved. Then Columbus, being granted permission by Buffalo to do so, negotiated with Lehane through Mr. Leadley acting as agent and got the player to sign an agreement to make a contract with that club as soon as Buffalo gave him his release. On the strength of this promise Buffalo formally released Lehane.

No sooner had the release been promulgated before New York jumped in and induced Lehane to sign a League a contract. Mr. Day had not further evidence to offer than this contract, and, on this technicality, he tried to win the case. Messrs. Buckenberger and Cohen put forth argument to show that New York had no right to make a contract with Lehane, who was reserved by the Buffalo Club, and only released on condition that he would go to Columbus. They further submitted letters Lehane wrote to several frineds in which he informed them that this release had been purchased by Columbus, and in which he stated that he was glad to get out of the International League into fast company, and he felt sure Columbus would be a good place for him to go.

After Messrs. Day, Cohen and Buckenberger withdrew from the room the Board carefully weighed the evidence in the case, but could not agree, and a deadlock, so Manager Buckenberger stated last night, ensued. According to Mr. Buckenberger the Association members voted in favor of Columbus, while the League contingent stood up for New York.

The Association people used some plain words, and the League men say that they meant what they said.

A conference was held with Mr. Day, who being informed of how matters stood, and seeing that Columbus was clearly entitled to Lehane, he decided to withdraw his case and the Board decided that Lehane must go to Columbus. After the decision was made Mr. Cohen volunteered to repay Mr. Day any advances he may have made Lehane and the expenses he incurred in sending that player on the Southern trip with the New York Club. The Evening Item Philadelphia March 14, 1890

[editorial matter by “Veteran”] I feel pretty well convinced that some of the Association Clubs would have been pleased had the result of the Lehane case been different, as it would have given them a chance to get back at the League. It is an utter impossibility for two such organizations as the League and the Association to dwell together in unity, and the fight to the death between them is bound to come sooner or later. The Association cannot forget how it was knifed by the Leauge and when the chance comes it will bury the knife to the hilt in the League carcass. It is but human nature and no one can blame them. The Sunday Item Philadelphia March 16, 1890

[reporting on the Board of Arbitration meeting of 3/13/1890] [ruling on the claims of Columbus and New York for Lehane] The New York Club based its claim upon the player principally upon a technicality, Mr. Day holding that the Columbus' agreement with Lehane wa invalid, because it was given before the player had been released from Buffalo to Columbus. In support of his position Mr. Day cited the case of Mullane, some years ago, which was decided according to the view held by Mr. Day. The latter also claimed that the fact that Lehane was with the rest of the Buffalo players offered for sale to the League after the agreement with Columbus was made, showed that the Buffalo Club was in ignorance of Lehane's agreement. Mr. Day also produced a regular contract which Lehane had signed with the New York Club.

Mr. Buckenberger [manager of the Columbus Club] explained that Lehane's name was sent to the League with his knowledge, inasmuch as he was then still dickering with the player, although he had come to terms with the club.

After both sides had submitted their evidence a long argument took place on the legal points involved. The League members of the Board clung to the Mullane precedent and were strongly in favor of awarding the player to the New York Club. Secretary Phelps, however, disposed of the Mullane precedent by showing the difference between that case and the case under consideration. In the case under consideration three clubs—Toledo, St. Louis and Louisville—were involved, and it became necessary to make the decision that was rendered then to protect the equities of all parties. In the present case Mr. Phelps argued there were no intervening equities; the Columbus Club agreed to pay a certain price to the Buffalo Club for Lehane's release and a few days alter entered into the agreement with the player. No other club or party being interested in the matter between the time the release was purchased and the agreement signed, the deal was consummated and the agreement made valid, inasmuch as the New York Club did not enter the case until long after the agreement was made.

Mr. Von der Ahe agreed with Mr. Phelps, and a deadlock ensued which could not be broken. The League delegates talked and argued, but Phelps so strenuously maintained his position on legal and moral grounds, and Von der Ahe so steadily acted with him, that it was evident that the deadlock could not be broken without a compromise. Accordingly Colonel Rogers left the meeting room, and had a conference with Mr. Day. This conference lasted about twenty minutes, and at times the debate between the two gentlemen grew quite animated, but finally they came to an agreement. Both then entered the meeting, and in a few moments Manager Buckenberger emerged with a smiling face, and announced the Mr. Day had “waived his claims” to the player and the Board had awarded him to Columbus. The Sporting Life March 19, 1890

Source Evening Item Philadelphia
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Submitted by Richard Hershberger
Origin Initial Hershberger Clippings

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