Interstate Commerce. What Constitutes Interstate Commerce. Professional Baseball

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<ul><li><p>Interstate Commerce. What Constitutes Interstate Commerce. Professional BaseballSource: Harvard Law Review, Vol. 34, No. 5 (Mar., 1921), p. 559Published by: The Harvard Law Review AssociationStable URL: .Accessed: 22/05/2014 17:12</p><p>Your use of the JSTOR archive indicates your acceptance of the Terms &amp; Conditions of Use, available at .</p><p> .JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range ofcontent in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new formsof scholarship. For more information about JSTOR, please contact</p><p> .</p><p>The Harvard Law Review Association is collaborating with JSTOR to digitize, preserve and extend access toHarvard Law Review.</p><p> </p><p>This content downloaded from on Thu, 22 May 2014 17:12:25 PMAll use subject to JSTOR Terms and Conditions</p><p></p></li><li><p>RECENT CASES 559 </p><p>March ii, I9I5, PULLING, MANUAL oF EMERG. LEGIS., Supp. III, 5I3. These reprisal orders, though entirely legal as against the enemy, are of no more than doubtful binding force upon the Prize Court in so far as they deprive neutrals of their rights under international law. See The Zamora, [I9I6] 2 A. C. 77, 90. If they do thus destroy the rights of neutrals, they are undoubtedly a fit subject for diplomatic protest. See "Note of Secy. of State to Ambassador W. H. Page," Oct. 2I, I9I5, IO AM. JOURN. INT. LAW, 73, 84. See also 52 LAW JOURN. I46; PAGE, WAR AND ALIEN ENE1IES, 2 ed., 57. </p><p>INTERSTATE COMMERCE -WHAT CONSTITUTES INTERSTATE COMMERCE PROFESSIONAL BASEBALL. - Action for damages under the Sherman Anti- Trust Act against the professional baseball leagues on the ground that they were, through their contracts with players, acting in restraint of interstate trade. Held, that professional baseball is not trade within the meaning of the Act. The National League of Professional Baseball Clubs, National Exhibition Co. et al. v. The Federal Baseball Club of Baltimore, Inc., 48 Wash. L. Rep. 8I9 (D. C.). </p><p>Congress has power to regulate commerce among the several states. See CONST., Art. i, ? 8. Early decisions under the commerce clause, seeking to determine what activities it included, seemed to embody a sale as the essence of interstate commerce. See Paul v. Virginia, 8 Wall. (U. S.) i68, I83. The fallacy of that view has been pointed out. See COOKE, THE COMMERCE CLAUSE IN THE FEDERAL CONSTITUTION, ?? 7-9. It has led to one palpably incorrect decision. See Smith v. Jackson, I03 Tenn. 673, 54 S. W. 98I. The federal power to regulate was crystallized in the Sherman Anti-Trust Act of I890, which prohibits the restraint of interstate commerce. See 26 STAT. AT L. 209; 3 U. S. S. A. 559. It has always been recognized that federal regulation was not intended to embrace every detail of interstate commercial activity. See Hooper v. California, I55 U. S. 648, 655. Thus, under the act, the presenta- tion of grand opera by a company on tour has not been considered interstate commerce. Metropolitan Opera Co. v. Hammerstein, I62 App. Div. 69I, I47 N. Y. Supp. 532. The same is true of producing plays in various states. People v. Klaw, 55 Misc. 72, io6 N. Y. Supp. 34I. The true criterion by which to test the act's applicability has been laid down by Judge Learned Hand: Is the in- terstate feature essential or incidental to the business involved? See Marienelli v. United Booking Offices, 227 Fed. I65, I70. That the interstate shipment of players and paraphernalia is perforce interstate commerce does not bring the leagues therefore within the act. In baseball, the game's the thing, not the transportation incidental thereto. American Baseball Club of Chicago v. Chase, 86 Misc. 44I, I49 N. Y. Supp. 6, accord. </p><p>JUDGMENT - SETTING ASIDE AND VACATING JUDGMENTS - NEGLIGENCE OF ATTORNEY. - A statute provides that a court may vacate a judgment taken against a party on account of his "mistake, inadvertence, surprise, or excus- able neglect." (BURNS IND. STATUTES, I94, ? 405.) The attorney for the defendant relied on information given him by another attorney and did not appear at the time fixed for trial. The trial was called in his absence and judgment was given by default. Immediately thereafter the defendant ap- peared, set out a meritorious defense, and applied to have the judgment va- cated. The application was overruled. Held, that the judgment be affirmed. Krill v. Carlson, I28 N. E. 6I2 (Ind.). </p><p>The majority of the courts in the United States regard the negligence of the attorney as the negligence of the client and refuse to vacate a judgment caused by the negligence of the attorney. Welch v. Challen, 3I Kan. 696, 3 Pac. 3I4; Kreite v. Kreite, 93 Ind. 583; Lindsey v. Goodman, 57 Okla. 408, I57 Pac. 344. See i BLACK, JUDGMENTS, 2 ed., ? 34I. In at least two jurisdictions, </p><p>This content downloaded from on Thu, 22 May 2014 17:12:25 PMAll use subject to JSTOR Terms and Conditions</p><p></p><p>Article Contentsp. 559</p><p>Issue Table of ContentsHarvard Law Review, Vol. 34, No. 5 (Mar., 1921), pp. 449-572Judge Holmes's Contributions to the Science of Law [pp. 449-453]Participation in a Breach of Trust [pp. 454-482]The Liability of an Inactive Co-Trustee [pp. 483-507]The Progress of the Law, 1919-1920 Estates and Future Interests [pp. 508-532]NotesLetters of Credit [pp. 533-536]Is Appreciation in Value of Property Income? [pp. 536-539]Repeal of Tax Exemptions, and the Contract Clause of the Federal Constitution [pp. 539-542]Jurisdiction to Impose a Personal Tax on One Not Domiciled but Present within the State [pp. 542-546]What does the Word Preference Mean as Used in 60 b, of the Bankruptcy Act? [pp. 547-549]Rights of Unborn Children in the Law of Torts [pp. 549-551]</p><p>Recent CasesAgency. Principal's Liability for Acts of Independent Contractor. Inherently Dangerous Undertakings [p. 551]Animals. Trespass on Realty by Animals. Trespass by Chickens [pp. 551-552]Bills and Notes. Checks. Acceptance by Telegraph [p. 552]Chattel Mortgages. Recording and Registry. Removal of Goods to Another State with Mortgagee's Consent [p. 553]Conflict of Laws. Recognition of Foreign Judgment. Rate of Interest [p. 553]Constitutional Law. Impairment of the Obligation of Contracts. Repeal of Tax Exemption Statute [pp. 553-554]Constitutional Law. Privileges and Immunities. Right to Reside Peacefully in a State [p. 554]Contracts. Anticipatory Breach. Place Where Cause of Action Arises [pp. 554-555]Contracts. Restraint of Trade. Validity of Restriction against Competition in Employment Contract [p. 555]Corporations. Corporate Powers and Their Exercise. Validity of Donations by a Chemical Company to Universities and Scientific Institutions [pp. 555-556]Deeds. Delivery, Acknowledgment, and Acceptance. Delivery to Grantee on a Condition Certain to Happen [p. 556]Estoppel. Estoppel In Pais. Whether Sovereign May be Estopped [pp. 556-557]False Pretenses. Promise Made with Intent not to Keep as a Misrepresentation of Fact [p. 557]Illegal Contracts. Contracts against Public Policy. Agreement to Arbitrate All Differences. Executed Award [pp. 557-558]International Law. Prize. Cargo of Neutral Vessels [pp. 558-559]Interstate Commerce. What Constitutes Interstate Commerce. Professional Baseball [p. 559]Judgment. Setting Aside and Vacating Judgments. Negligence of Attorney [pp. 559-560]Letters of Credit. Validity. Relation of the Buyer-Seller Contract to the Letter of Credit [p. 560]Limitation of Action. New Promise. Effect of Account Stated. Account Stated by Retention [pp. 560-561]Mandamus. Acts Subject to Mandamus. Injunction Improperly Denied May be Obtained by Mandamus [p. 561]Marriage. Validity. Common-Law Marriage. Mistake as to Existence of Prior Marriage between the Parties [pp. 561-562]Master and Servant. Workmen's Compensation. Illegal Employment. Liability of Charitable Institution [p. 562]Master and Servant. Workmen's Compensation Acts. Negligent Employer's Right to Reimbursement from Tortfeasor [pp. 562-563]Physicians and Surgeons. Liability of Physician for Negligence of Assistant [p. 563]Proximate Cause. Unforeseen Results. Suicide Caused by Insanity [pp. 563-564]Taxation. General Limitations on the Taxing Power. Personal Tax Imposed on Nonresident Present within the State [p. 564]Torts. Liability without Intent or Negligence. Operation of Defective Automobile [pp. 564-565]Vested, Contingent, and Future Interests. Contingent Remainders. Rearrangement and Preservation of Estates [p. 565]Waters and Watercourses. Natural Watercourses: Obstruction, Pollution, and Diversion. Embankment to Prevent Flooding [p. 566]</p><p>Book ReviewsReview: untitled [pp. 566-568]Review: untitled [pp. 568-569]Review: untitled [pp. 569-570]</p><p>Books Received [pp. 571-572]</p></li></ul>