A Well-Paid Slave (59 page)

11 Johnny made Curt a partner:
TSN
, 9/14/63, 7;
TSN
, 1/25/64, 9.

11 Johnny was stabbed:
OT
, 12/15/66;
OT
, 12/16/66, 1, 8;
OT
, 12/17/66, 25;
Ancestry.com
California Death Index
, 1940-1997.

11 Oakland police detectives: Jack Richardson interview;
OT
, 12/20/66, 16; Flood,
The Way It Is
, 122.

11 In 1967, Curt begged Marian: Flood,
The Way It Is
, 122-24.

11 Marian had taken: Ibid., 125-29.

-12 Carl had begun pocketing: Karen Brecher interview.

12 $300-a-day:
SGD
, 3/18/69, 1A, 8A;
SPD
, 3/17/69, 1A, 5A. Flood claimed that Carl was addicted to morphine, not heroin. Flood,
The Way It Is
, 131.

12 Carl and a convicted:
SGD
, 3/18/69, 1A, 8A;
SPD
, 3/17/69, 1A, 5A; Flood,
The Way It Is
, 131-32.

12 Carl's arrest:
SPD
, 4/8/69, 2C.

12 she could drink, swear: Allan Zerman interview.

12 Some people thought: Bill Jones interview; Rickie Riley interview.

12 Two days after the trade: Flood,
The Way It Is
, 189.

12 Even before his trade: Katz, “Life with the Cardinals,”
Sport
, 7/68, 57;
SPT
, 4/25/68, 1-C; Olsen, “In the Back of the Bus,”
SI
, 7/22/68, 34 (anonymous quotes criticizing reserve clause which appear to be from Flood, who was quoted earlier in the article).

12 Curt pondered: Flood,
The Way It Is
, 189.

12 “I went to Europe”:
NYP
, 3/20/69, 104.

12 Club 6: Ibid.;
Footwear
, 5/1/69, 27,
Independent
, 3/6/69, in Curt Flood
TSN
file;
SPD
, 3/2/69.

13 Even in Copenhagen:
PI
, 10/13/69, 25;
TSN
, 11/1/69, 17; TT, 56:3-57:9 (Flood); Flood,
The Way It Is
, 189.

13 Flood reiterated:
PI
, 10/13/69, 25; TT, 57:2-9 (Flood).

13 On November 7: TT, 57:19-58:18 (Flood);
PDN
, 11/8/69, 29;
PEB
, 11/9/69, sec. 3, 5.

13 They treated their players; “northernmost southern city”: Flood,
The Way It Is
, 188.

13 “the nigger here”: Parrott,
The Lords of Baseball
, 242. Parrott, the Dodgers' traveling secretary and publicist, is the only source for this allegation. He claims to have been on the phone with Branch Rickey during Rickey's conversation with Pennock.

13 Phillies owner Bob Carpenter: Robinson, “A Kentucky Colonel kept me in baseball,”
Look
, 2/8/55, 86.

13 Philadelphia manager Ben Chapman: Robinson,
Jackie Robinson: My Own Story
, 128, 145; Robinson, “A Kentucky Colonel kept me in baseball,”
Look
, 2/8/55, 86-87.

13 The Ben Franklin: Parrott,
The Lords of Baseball
, 243-45; Robinson, “A Kentucky Colonel kept me in baseball,”
Look
, 2/8/55, 87.

14 Quinn explained:
PDN
, 11/8/69, 29;
PEB
, 11/9/69, sec. 3, 5; TT, 57:19-58:18 (Flood).

14 Flood insisted:
PDN
, 11/8/69, 29;
PEB
, 11/9/69, sec. 3, 5; TT, 57:19-58:18 (Flood).

14 “It may be”:
PEB
, 11/9/69, sec. 3, 5;
TSN
, 11/29/69, 30.

14 “keep an open mind”:
PEB
, 11/9/69, sec. 3, 5.

14 “I don't think”: TT, 58:15-16 (Flood).

14 “Curt Nearly a Phil”:
PDN
, 11/8/69, 29.

14 if he had $1,000:
PEB
, 11/9/68, sec. 3, 5.

14 Two of Flood's former teammates; “the money”:
PDN
, 11/19/69, 61.

14 Flood liked Quinn: Flood,
The Way It Is
, 189-90;
PDN
, 11/19/69, 61.

14 Soon after he had returned: Allan Zerman interview; Flood,
The Way It Is
, 190.

15 Zerman had never seen: Allan Zerman interview.

15 “There is one other alternative”: Flood, “Why I Am Challenging Baseball,”
Sport
, 3/70, 10, in Thorn, ed.,
The Armchair Book of Baseball
, 130.

15 Flood was startled: Ibid.; Allan Zerman interview.

16 Marvin Miller was not expecting: Marvin Miller interview;
PEB
, 1/6/70, 49, in
TSN
, 1/24/70, 38; Miller,
A Whole Different Ball Game
, 169, 173-74.

16 Miller did not know: Miller,
A Whole Different Ball Game
, 170-71; Marvin Miller interview;
BAA
, 2/25/69, 14.

16 Miller could tell: Marvin Miller interview; Miller,
A Whole Different Ball Game
, 173-74.

16 “wouldn't bet”: Marvin Miller interview.

16 Flood asked Miller:
PEB
, 1/6/70, 49, in
TSN
, 1/24/70, 38; Flood,
The Way It Is
, 190; Miller,
A Whole Different Ball Game
, 169.

17 “J.C.” or “Don Quixote”; “He likes the impossible”:
NYP
, 2/26/69, 93.

17 The son of a ladies' garment: Miller,
A Whole Different Ball Game
, 11-18.

17 Giants public relations man: Ibid., 51-52; Boyle, “This Miller Admits He's a Grind,”
SI
, 3/11/74, 23. For the best profile of Miller, see Fimrik, “Marvin Miller,”
SI
, 3/3/80, 56-70.

17 He then began taking prelaw: Marvin Miller interview.

17 Miller spent the first 12 years: Ibid.; Boyle, “This Miller Admits He's a Grind,”
SI
, 3/11/74, 23, 25; Helyar,
Lords of the Realm
, 17-18; Miller,
A Whole Different Ball Game
, 19-21.

17 rudderless: Helyar,
Lords of the Realm
, 18.

18 Steelworkers Union: Its official name is the United Steelworkers of America, but it is commonly referred to as the Steelworkers Union.

18 For years: For the early history of the union, see Korr,
The End of Baseball As We Knew It
, 15-34; Lowenfish,
The Imperfect Diamond
, 139-53, 183-92; Helyar,
Lords of the Realm
, 9-14; Miller,
A Whole Different Ball Game
, 6-7, 40.

18 Miller came: Miller,
A Whole Different Ball Game
, 4, 31; Roberts, “The Game Deserves the Best,”
SI
, 2/24/69, 45-46.

18 “a strong man”: Boyle, “This Miller Admits He's a Grind,”
SI
, 3/11/74, 25.

18 Cannon balked: Dolson,
Jim Bunning
, 104-9; Korr,
The End of Baseball As We Knew It
, 28-31; Helyar,
Lords of the Realm
, 17.

18 “pencil-thin”; “shimmering blue”: Fimrik, “Marvin Miller,”
SI
, 3/3/80, 64.

18 Roberts begged: Miller,
A Whole Different Ball Game
, 40-41.

18 Miller denied: Marvin Miller interview.

18 the players voted, 489-136: The voters also included 120 coaches, managers, and trainers, who were not part of the association but were included in the pension plan. Ibid.

18 The player representatives informed Miller: Ibid.; Miller,
A Whole Different Ball Game
, 68-72; Korr,
The End of Baseball As We Knew It
, 47-50.

18 $344 in annual union dues: Prior to Miller's election, the players had been paying $344 a year to fund the pension plan until the owners agreed to fund it for them. The annual pension contribution became the players' union dues. The union dues were tax deductible, but the pension contribution was not, so Miller ended up saving the players money on the deal. Marvin Miller interview.

19 The 49-year-old Miller: Miller,
A Whole Different Ball Game
, 143.

19 He tackled issues: Ibid., 95-97; Helyar,
Lords of the Realm
, 29, 36; Korr,
The End of Baseball As We Knew It
, 68-75; “At Last, Professional Bargaining in Baseball,”
Sport
, 10/67, 98.

19 he showed the players: Helyar,
Lords of the Realm
, 91-101; Korr,
The End of Baseball As We Knew It
, 75-76; Miller,
A Whole Different Ball Game
, 99-101. 19 The promanagement sporting press: The leaders of the anti-Miller faction were the
Atlanta Journal
's Furman Bisher and the
New York Daily News
's Dick Young.
See AJ
, 2/25/69, 1-C;
NYDN
, 4/14/72, 81; Korr,
The End of Baseball As We Knew It
, 43-45. They later led the charge against Flood's lawsuit.

19 Miller's mission: Marvin Miller interview; Allan Zerman interview; Miller,
A Whole Different Ball Game
, 174-81.

19 Flood began: Miller,
A Whole Different Ball Game
, 174-75.

20 “[e]very contract, combination”; “trade or commerce”: 15 U.S.C. sec. 1. The Sherman Act also provides for triple damages and attorneys' fees. 15 U.S.C. sec. 15. In 1924, Congress supplemented the enforcement of the Sherman Act with the Clayton Act. 29 U.S.C. sec. 52.

20 The U.S. Constitution: This is known as the “Commerce Clause.” U.S. Const., art. I, sec. 8, cl. 3.

20 A District of Columbia jury: The jury verdict was $80,000. The jury also awarded the owners of the Baltimore Terrapins $24,000 in attorneys' fees. See Supreme Court Brief on Behalf of Plaintiff in Error in
Federal Baseball
, 2.

20 A federal appeals court: For the best explanation of the appeals court's decision, see White,
Creating the National Pastime
, 71-81.

20 “The business is giving”:
Federal Baseball Club of Baltimore, Inc. v. National League of Professional Baseball Clubs
, 259 U.S. 200, 208 (1922). For additional facts about
Federal Baseball
, see Supreme Court Records and Briefs for
Federal
Baseball
(on file with author); 269 F. 681 (D.C. Cir. 1921) (Court of Appeals decision).

20 The Court said that the transportation:
Federal Baseball
, 259 U.S., 208-9.

21 “loathe[d] and despise[d]”; “foolish law”: Howe, ed.,
Holmes-Laski Letters
, 249, 719.

21 A bookish, unathletic child: White,
Creating the National Pastime
, 80. A Holmes biographer described him as a “thin and awkward” child who “shrank from new things” and “did not learn how to skate or to ride.” Novick,
Honorable Justice
, 13. Another biographer said that Holmes “rowed ‘a good deal,' swam, shot, and fished.” Baker,
The Justice from Beacon Hill
, 56.

21 In Holmes's defense: McDonald, “Antitrust and Baseball: Stealing Holmes,”
J. of Sct. Hist.
, vol. 2 (1998), 107-15. McDonald's article is the best defense of Holmes.

21 a 29-year-old pitcher:
LAT
, 5/2/51, C2;
NYT
, 12/6/51, 56;
NYT
, 5/26/53, 1, 25;
NYT
, 10/11/53, E10;
NYT
, 10/14/53, 37;
NYT
, 11/10/53, 1, 40;
TSN
, 12/14/87, 60;
Toolson v. New York Yankees, Inc.
, 101 F. Supp. 90 (D.C. Cal. 1951); 200 F.2d 198 (9th Cir. 1952); 346 U.S. 356 (1953).

21 Toolson had signed:
SFC
, 2/16/70, 46.

21 ineligible list: 101 F. Supp., 93.

21 two other unsuccessful:
NYT
, 10/11/53, E10;
TSN
, 10/14/53, 21;
Kowalski v. Chandler
, 202 F.3d 413 (6th Cir. 1953);
Corbett v. Chandler
, 202 F.2d 428 (6th Cir. 1953).

22 “underlying issues”:
Toolson
, 346 U.S., 357.

22 “the greatest bait-and-switch”: McDonald, “Antitrust and Baseball: Stealing Holmes,”
J. of Sct. Hist.
, vol. 2 (1998), 100.

23 “Without reexamining”:
Toolson
, 346 U.S., 357 (emphasis added).

23 The second half of this final sentence; “to make it clear”: Warren asked Black to include the sentence instead of publishing a concurring opinion. Memo Warren to Black, 10/23/53, Warren Papers, Box 631, Folder “Per Curiam Nos. 18, 23, and 24”; Black Papers, Box 321, “Folder Nos. 18, 23, & 25 Oct. Term 1953
Toolson v. New York Yankees
.” See also Memo Black to Conference, 10/24/53 (informing the justices of the addition), ibid.; Burton Papers, Box 245, Folder 3.

23 as Justice Harold Burton:
Toolson
, 346 U.S., 357-65 (Burton J., dissenting).

23 Before and even after:
Philadelphia Ball Club v. Lajoie
, 202 Pa. 210, 51 A. 973 (1902);
American League Baseball Club v. Chase
, 86 Misc. 441, 149 N.Y.S. 6 (Sup. Ct. 1914);
Gardella v. Chandler
, 172 F.2d 402 (2d Cir. 1949); McDonald, “Antitrust and Baseball: Stealing Holmes,”
J. of Sct. Hist.
, vol. 2 (1998), 120-21.

23 Miller was not a lawyer: Marvin Miller interview.

23-24 Dick Moss, who had examined: Dick Moss interview.

24 A former assistant: Korr,
The End of Baseball As We Knew It
, 50-53; Helyar,
Lords of the Realm
, 32-33.

24 theatrical performances:
United States v. Shubert
, 348 U.S. 222 (1955) (theater);
United States v. International Boxing Club
, 348 U.S. 236 (1955) (boxing);
Radovich v. National Football League
, 352 U.S. 445 (1956) (football).

24 “was at best”: 352 U.S., 450.

24 “If this ruling”: Ibid., 452.

24 Miller predicted; “It's a million”; “But it would benefit”; “That's good enough”: Marvin Miller interview.

24 devil's advocate: Marvin Miller interview; Allan Zerman interview; Dick Moss interview. For other accounts of Miller's and Moss's initial meeting with Flood, see
PEB
, 1/6/70, 49, in
TSN
, 1/24/70, 38; Flood, “Why I Am Challenging Baseball,”
Sport
, 3/70, 10, in Thorn, ed.,
The Armchair Book of Baseball
, 130; Miller,
A Whole Different Ball Game
, 174-82; Flood,
The Way It Is
, 190-91; Golenbock,
The Spirit of St. Louis
, 510.