NEW MAJOR LEAGUE AGREEMENT

 

An Agreement between the National League of Professional Base Ball Clubs and each of its eight constituent clubs, on the one part, and the American League of Professional Base Ball Clubs and each of its eight constituent clubs, of the other part.

 

 

Article I -- The Commissioner

 

Section 1.  The office of Commissioner is hereby created.

Sec. 2.  The functions of the Commissioner shall be as follows:

(a)  To investigate either upon complaint or upon his own initiative, any act, transaction or practice charged, alleged or suspected to be detrimental to the best interests of the national game of base ball; with authority to summon persons and to order the production of documents, and in case of refusal to appear or produce, to impose such penalties as are hereinafter provided.

(b)  To determine, after investigation, what preventive, remedial or punitive action is appropriate in the premises, and to take such action either against major leagues, major league clubs, or individuals, as the case may be.

(c)  To hear and determine finally any dispute between the major leagues which may be certified to him for determination by the president of either major league.

(d)  To hear and determine finally any dispute to which a player is a party, or any dispute concerning a player, which may be certified to him by either or any of the disputants.

(e)  To formulate, and from time to time announce, the rules of procedure to be observed by the Commissioner and all other parties in connection with the discharge of his duties.  Such rules shall always recognize the right of any party in interest to appear before the Commissioner and be heard and the right of the presidents of the two major leagues to appear and be heard upon any matter affecting the interests of the major leagues, or either of them.

Sec. 3.  In the case of conduct detrimental to base ball by major leagues, major league clubs, officers, employes or players, punitive action by the Commissioner may n any case take the form of a public reprimand.  In the case of a major league or club, the Commissioner may impose a fine not exceeding five thousand ($5,000) dollars for any one offense.  In the case of a major league club, punishment may extend to temporary deprivation of representation in joint meetings held under this Agreement.  In the case of any official or employe of a major league or of any major league club, punishment may extend to suspension or removal.  For such conduct a player may be declared by the Commissioner temporarily or permanently ineligible to play for any club which is a party to this Agreement.

Sec. 4.  In the case of conduct detrimental to base ball by organizations not parties to this Agreement, or by individuals not connected with any of the parties hereto, the Commissioner may pursue appropriate legal remedies, advocate remedial legislation and take such other steps as he may deem necessary and proper in the interests of the morale of the players and the honor of the game.

Sec. 5.  The Commissioner shall hold office for seven years and shall be eligible to succeed himself.  His compensation shall be fifty thousand dollars ($50,000) per annum.

Sec. 6  The first Commissioner under this Agreement shall be Kenesaw M. Landis.  Upon the expiration of his term, or upon his resignation or death during his term, his successor shall be chosen by a vote of the majority of the clubs composing the two major leagues.  In the event of failure to elect a successor within three months after the vacancy has arisen, either major league may request the President of the United States to designate a Commissioner, and the person when thus designated shall thereupon become Commissioner with the same effect as if named herein.

 

Article II -- The Advisory Council

 

Section 1.  The Advisory Council is hereby created, to be composed of the Commissioner and the president of each of the major leagues.  In case of a division of opinion within the council the decision of the Commissioner shall in all cases be controlling.

Sec. 2.  The Advisory Council shall forthwith submit to the major leagues the following proposals for adoption:

(a)  Rules to govern the playing of the World's Series games.

(b)  Rules to regulate all other contacts between the major leagues and all matters in which the major leagues have an interest.

(c)  Rules to determine the relationships between players and clubs and between clubs and clubs.  In all cases which concern players or their contracts, a standard form of player's contract, and such other formal documents as may from time to time be deemed desirable.

Sec. 3.  The Advisory Council may from time to time propose to the major leagues amend-ments to any of the foregoing rules, regulations or standard forms.

Sec. 4.  The Advisory council shall recommend to the major leagues from time to time the clerical and administrative expenditures necessary and proper for the discharge of the Commissioner's duties.

 

Article III -- The Secretary-Treasurer

 

Section 1.  The Commissioner shall appoint a secretary-treasurer, who shall hold office during the pleasure of the Advisory Council.  His duties shall be such as the Council shall from time to time determine.  His compensation shall be fixed by the Council subject to the approval of the major leagues.

 

Article IV -- Uniform Rules

 

Section 1.  Any rules, regulations or standard forms proposed as above by the Advisory Council shall, upon formal acceptance by the major leagues, become binding upon them and shall not thereafter be amended except by the concurrent action of both major leagues.  The authority of the Commissioner to determine finally a disagreement between major leagues shall extend to the case of a disagreement over a proposed amendment.

Sec. 2.  Amendments to rules, regulations or standard forms shall, after they have become operative, be subject to further amendment only as provided in Section 1 of this article.

 

Article V -- Joint Meetings

 

Section 1.  At all joint meetings of the two major leagues and of their constituent clubs the Commissioner shall preside.

Sec. 2.  Upon all questions of an inter-league nature or in any matter coming up to a joint meeting of the two major leagues the roll shall be called, and after voting by clubs in each league if there shall be a division, then the American League shall cast one vote and the National League another vote.  Should these two votes be at variance then the Commissioner shall cast the deciding vote.  There shall be no appeal therefrom.

Sec. 3.  Joint meetings of the major leagues and of their constituent clubs may be called by the Commissioner upon reasonable notice, whenever he is thereunto requested in writing by the president of either of the said leagues.

 

Article VI -- Finances

 

Section 1.  The expenses of the Advisory Council, including the salaries of the Commissioner and of the secretary-treasurer shall be paid by the major leagues, except to the extent that funds sufficient for the purpose are derived from games conducted under the auspices of the Council.

Sec. 2.  The major leagues, and each of their constituent clubs, shall, upon the demand of the Council, contribute, share and share alike, to meet any deficiency of revenue remaining after the application to expenses of all funds properly applicable thereto.

 

Article VII -- Submission to Jurisdiction of the Commission

 

Section 1.  The major leagues, and their constituent clubs, severally agree to be bound by the decisions of the Commissioner, and the discipline imposed by him under the provisions of this Agreement, and severally waive all right of recourse to the courts as would otherwise have existed in their favor.

Sec. 2.  The form of player's contract to be proposed by the major leagues by the Advisory Council, and all contracts between major leagues or clubs and their officers and employes, shall contain a clause by which the parties agree to submit themselves to the discipline of the Commissioner, and to accept his decisions rendered in accordance with this Agreement.

 

Article VII -- Duration of Agreement

 

Section 1.  This Agreement shall remain in force for twenty-five years.

 

Article IX -- Limitation on Amendments

 

Section 1.  Each of the parties hereto subscribes to this Agreement in consideration of the promises of all the others that no diminution or powers of the present or any succeeding Commissioner shall be made during his term of office.

 

Source:  1921 Reach Guide, pp. 41-42.


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