Authors: Brad Snyder

A Well-Paid Slave (70 page)

BOOK: A Well-Paid Slave

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217 Williams later criticized:
WP
, 3/26/71, D1;
TSN
, 4/10/71, 33.

217 Flood even took:
NYT
, 3/28/71, sec. 5, 3.

218 After the first few days; Maddox was constantly; During the nights when; “I've got”; “No”: Elliott Maddox interview.

218 “He is in baseball”:
LAT
, 3/26/71, pt. 3, 1, 12.

218 “One gained”:
WDN
, 4/29/70, 70.

218 “tarnished goods”:
BAA
, 2/20/71, 17.

218 “stormy petrel”: White, “Baseball's Roaming Son Back at âKid's Game' and Liking It,”
WES Sportsweek
, 11/22/70, S-14.

219 “What's it gotta”; “Don't you know”: Mann, “Ted Williams and Bob Short,”
Look
, 5/4/71, 72.

219 Flood met Mann; “[I] better”: Ibid., 72, 74.

219 he turned down:
WES
, 3/9/71, A-12.

219 “As long as”: Mann, “Ted Williams and Bob Short,”
Look
, 5/4/71, 72.

219 “They all”: Bernie Allen interview.

219 “Look!”:
LAT
, 3/26/71, pt. 3, 1, 12.

219 Flood read books: Paul Casanova interview.

220 “I was expecting”: Dick Billings interview.

220 “He was a speed”: Del Unser interview.

220 “You hear about”: Dick Bosman interview.

220 The day before the season: Orlando Cepeda interview.

220 “Hell, in those days”; A month before spring training: Frank Howard interview.

220 “He didn't spend”; Williams disapproved: Shelby Whitfield interview.

221 Williams also once spied: Bill Zeigler interview.

221 Flood's hitting:
WP
, 3/20/71, D1;
WP
, 3/22/71, D1;
WP
, 3/31/71, D1;
WP
, 4/1/71, K1.

221 He batted only:
WP
, 4/5/71, D5.

221 “I have a feeling”:
WDN
, 4/5/71, B-5.

221 “He's the guy”:
WP
, 4/6/71, D4.

221 “I'm just the same”; “was not out”:
BAA
, 4/10/71, 16.

221 the three-judge panel had affirmed:
Flood v. Kuhn
, 443 F.2d 264 (2d Cir. 1971).

222 “We readily acknowledge”; “so uniquely”; “[W]e do not consider”: Ibid., 268.

222 Moore had won:
NYT
, 2/18/57, 16; Gunther,
Learned Hand
, 648-49.

222 “impotent”; “it is of no moment”:
Gardella v. Chandler
, 172 F.2d 402, 409-10 (2d Cir. 1949) (Frank, J., concurring).

222 “In my opinion”:
Flood v. Kuhn
, 443 F.2d 272 (Moore, J., concurring).

222 “Baseball for almost”: Ibid., 268.

223 The Supreme Court in 1922: Ibid., 272.

223 “reservations”; “would limit”: Ibid., 273.

223 “We knew nothing”:
WP
, 4/8/71, C1.

223 “The Supreme Court”:
OT
, 4/8/71, 38.

223 “not even bothering”:
WP
, 4/15/71, D1;
CPD
, 4/16/71, 2-C.

223 lost the snap:
WES
, 4/12/71, A-23;
CPD
, 4/16/71, 2-C.

224 In the second inning:
WP
, 4/12/71, D1, D5;
NYT
, 4/12/71, 50;
WES
, 4/12/71, A-23; Dick Bosman interview.

224 Williams did not yell:
WES
, 4/12/71, A-23.

224 “You can't handle”: Tom McCraw interview.

224 Williams again said:
WP
, 4/12/71, D1, D4.

224 “Syphilitic”: Shelby Whitfield interview.

224 “I told him”:
BHT
, 4/14/71, 43.

224 but he refused:
BG
, 4/13/71, 26.

224 “I'm not sure”: Shelby Whitfield interview.

225 “Ted fucked”; “Ted's main goal”; “sideways livid”; “All Bob Short”; “Do you have”; “There was”: Denny McLain interview.

225 “That was the knife”; On the team's first extended road trip: Elliott Maddox interview.

225 One night in Cleveland; “He felt like”: Richie Scheinblum interview.

225 Flood finally returned:
WP
, 4/18/71, 41.

226 “I'm going”: Elliott Maddox interview.

226 Upon arriving in New York; “Let's talk”: Marvin Miller interview.

226 “He said”:
NYDN
, 4/29/71, 113. 226 Hate mail; “freaky letters”; “Dear Nigger”: Whitford, “Curt Flood,”
Sport
, 12/86, 106; Flood,
The Way It Is,
18; Curran, “Curt Flood and the Baseball Revolution,”
L.A. Weekly
, 4/1-7/94, 25; “Curt Flood,”
ESPN SportsCentury
(Pace).

226 “Whoever it was”: Whitford, “Curt Flood,”
Sport
, 12/86, 106.

226 McLain blamed: Denny McLain interview.

227 “My case bears”:
WP
, 5/2/71, 42.

227 “It's hard to focus”; “I don't remember”: Tom McCraw interview.

227 Before a home game; “Frank”; Howard told: Frank Howard interview.

227 The 6,597 fans:
WP
, 4/25/71, C1.

227-28 “You know”; “I try not”; “I don't know”:
MJ
, 4/25/71, sports sec., 3, 6.

228 He exploded: William Gildea interview.

228-29 Soon after he said; “They were trying”; “My problem is”: ; “How do”; “We had the”: Mike Epstein interview.

229 “Things are”; “Life is like”:
WES
, 4/28/71, C-1.

229 Baxter thought:
WP
, 4/28/71, D1; ibid.

229 dark sunglasses:
WP
, 4/28/71, D1.

229 Williams noticed: Ibid.;
BES
, 4/28/71, C10;
WDN
, 4/28/71, 72;
WES
, 4/28/71, C-1.

229 “Not too”; “yes”; “That's up to Ted”:
MS
, 4/28/71, 4D.

229 “Take care”; “Yeah”: Mike Epstein interview.

229 Flood intimated: Denny Riddleberger interview.

229 Flood kept: Ibid.;
SI
, 3/15/71, 26.

229 To Riddleberger; “Take care”: Denny Riddleberger interview.

230 Flood ate dinner; “some things”:
WP
, 4/28/71, D1;
WP
, 10/1/71, D1.

230 “He said everything”; “Cassie”: Paul Casanova interview. 230 Cox and Flood had agreed: Casey Cox interview. Cox now claims that it was lunch the next day, not dinner. Ibid.; McKenna, “The Forgotten Flood of 1971,”
Washington City Paper
, 4/30/04. His quotes at the time are to the contrary.
WP
, 4/28/71, D1;
BES
, 4/28/71, C10;
WP
, 10/1/71, D1.

230 Tim Cullen; “Tim”; “Thanks”: Tim Cullen interview.

230 “Where's Curt”; “I don't know”: Casey Cox interview.

230 Short called; “You've got”: Denny McLain interview.

230 McLain did not:
BES
, 4/28/71, C10.

230 Maddox was worried: Elliott Maddox interview.

231 A
New York Daily News
; “I'll throw you”:
NYDN
, 4/28/71, 100.

231 Short hastily called:
WP
, 4/28/71, D1.

231 At 4:55 p.m.; I TRIED: Telegram, Flood to Short, 4/27/71 (on file with author).

231 Short posted: Joe Camacho interview.

231 Only Maddox: Elliott Maddox interview; Tom McCraw interview; Denny McLain interview; Denny Riddleberger interview.

231 Maddox felt: Elliott Maddox interview.

231 He first tried: Phone Log, 4/28/71, Goldberg Papers, Box I-135, Folder 5.

231 Then, between 6:15 and 6:30:
PI
, 4/29/71, 31.

232 Reichler arrived; “By way”:
NYT
, 4/29/71, 53;
WP
, 4/29/71, D1.

232 “It's not baseball”: “Curt Flood's Troubles,”
Newsweek
, 5/10/71, 67;
NYDN
, 4/28/71, 100.

232 Flood told Reichler he had been thinking:
NYDN
, 4/28/71, 104.

232 For 20 minutes:
PI
, 4/29/71, 31.

232 “I know”; “No, no”:
NYT
, 4/29/71, 53.

232 settled into seat 3-F:
NYP
, 4/28/71, 86.

232 refusing a request:
WP
, 4/28/71, D1.

232 “big league”:
WES
, 4/28/71, C-3;
WDN
, 4/28/71, 72.

232 “good riddance”: Shelby Whitfield interview.

232 “was an act”:
NYP
, 4/29/71, 68.

232 racial lines; “[I]f you have”:
NYDN
, 4/29/71, 113.

232-33 “The Flood sympathizers”:
WES
, 4/29/71, E1.

233 “If he wins”:
WP
, 5/5/71, D1;
CST
, 5/5/71, 114.

233 Lieutenant Fred Grimes; “He's running”:
SPD
, 5/3/71, 2B.

233 mostly financial:
WP
, 5/5/71, D1;
CST
, 5/5/71, 114.

233 Two days before he left:
SPD
, 5/25/71, 2C.

233 Creditors had been hounding:
CT
, 5/12/71, F4.

233 He avoided them: Charlie Wangner interview.

233 Flood had been receiving:
WDN
, 4/29/71, 70;
NYDN
, 4/29/71, 113;
TSN
, 5/15/71, 5. Compare
TSN
, 8/4/73, 33 (placing the figure at “more than $40,000”).

233 A week before he left:
CDN
, 8/19/71, sec. 4, 45.

233 Short agreed:
OT
, 5/5/71, sports sec., 1, 45;
CT
, 5/12/71, F4.

233 Otherwise, Flood:
WP
, 5/5/71, D1;
CDN
, 8/19/71, sec. 4, 45.

234 Paul Porter had met:
TSN
, 4/17/71, 23.

234 Flood remembered; “It seems clear”:
CDN
, 8/19/71, sec. 4, 45. An exception

to Miller's comment was Dick Young, who acknowledged that Flood had re- fused to declare bankruptcy to preserve his lawsuit.
TSN
, 5/22/71, 14.

CHAPTER FOURTEEN

Page

235 It was later:
NYT
, 10/11/74, 1;
WP
, 10/13/74, A1;
WSJ
, 11/14/74, 8.

235 He forced: Peter Edelman interview; “Arthur J. Goldberg's Legacies to American Labor Relations,” 32
J. Marshall L. Rev
. 667, 679-80 (1999).

235 “I cannot be terribly”: Letter, Breyer to Goldberg, 11/30/70, Goldberg Papers, Box I-62, Folder 2.

235 Paul, Weiss support staffers:
NYT
, 12/19/76, F11; Jay Topkis interview.

236 Goldberg rented:
WP
, 8/4/71, C1.

236 He told Marvin: Dick Moss interview.

236 Of the more than 3,100: Report of the Study Group on the Caseload of the Supreme Court (Freund Report), 57 F.R.D. 573, 613 tbls. III & IV (1972). The number of cert petitions and cert grants excludes 133 death penalty petitions, all of which were granted because of the Court's 1972 decision declaring capital punishment unconstitutional.

236-37 Levitt knew; Levitt also knew; Goldberg often asked: Dan Levitt interview.

237 “A review”: Supreme Court Rule, 19(1), 398 U.S. 1009, 1030 (1970).

237 “Frequently”: O'Brien,
Storm Center
, 236, quoting T. Clark, “Internal Operations of the United States Supreme Court,” 43
Judicature
45, 48 (1959).

238 “a most frustrating”; “the vagaries”; “so uniquely”:
Flood v. Kuhn
, 443 F.2d 264, 268 (2d Cir. 1971).

238 “rectify”: Flood Cert Petition, 2, quoting
Moragne v. State Marine Lines, Inc.
, 398 U.S. 375, 403 (1970).

238 “undermined”; “creating”: Flood Cert Petition, 2-3.

239 “The issues”: Baseball Cert Opposition, 20.

239 no examination; “sudden”: Flood Reply Petition, 3.

239 These recommendations: During the 1971 term, one law clerk in each chamber wrote a cert memo about every case. The following year, six of the justices began to divide the cert petitions among themselves in what became known as the cert pool.

240 He wrote most of: Warren Papers, Box 631, Folder “Per Curiam Nos. 18, 23, and 24”; Burton Papers, Box 245, Folder 3.

240 He also dissented:
Boys Markets, Inc. v. Retail Clerks Union, Local 770
, 398 U.S. 235, 257-61 (1970) (Black, J., dissenting).

240 In his final years: Garrow, “Mental Decrepitude on the U.S. Supreme Court,” 67
U. Chi. L. Rev.
995, 1050-52 (2000).

240 Harlan had saved Muhammad Ali: Woodward and Armstrong,
The Brethren
, 136-39.

240 In an unsigned opinion:
Clay v. United States
, 403 U.S. 698 (1971) (per curiam). Thurgood Marshall, as a former lawyer for the NAACP Legal Defense and Educational Fund (which represented Ali), took no part in Ali's decision.

241 “It's what Justice Harlan”: Bingham and Wallace,
Muhammad Ali's Greatest Fight
, 249.

241 “If the situation”:
Radovich v. NFL
, 352 U.S., 445, 456 (1957) (Harlan, J., dissenting).

241 “ âpublic' ”:
Williams v. Florida
, 399 U.S. 78, 127 (1970), quoting another Harlan opinion,
Moragne v. State Marine Lines, Inc.
, 398 U.S. 375, 403 (1970) (citations omitted).

241 “We tried to shame”: Dan Levitt interview.

242 “Mr. Justice Douglas”: 400 U.S. 1001, 91 S. Ct. 462 (1971).

242 “professional athletes”:
NYT
, 1/19/71, 43.

242 The [NBA's] college player draft:
Haywood v. Nat'l Basketball Ass'n
, 401 U.S. 1204, 1205-6, 91 S. Ct. 672, 673-4 (1971) (citations omitted).

242-43 On Douglas, see Murphy,
Wild Bill
.

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