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first point is that we give a player who cern. Could the Senator from Michigan the time he plays the last college game is not outstandingly excellent a chance, or the Senator from Nebraska elucidate in the sport for which he signs. He can but we also secure a relative degree of a bit on why this is such a matter of get out of college at any time; he can rebalance among the teams. This will re- concern? If it is a matter of great finan- fuse to go to college at any time. My sult in a competitive arrangement: Is cial concern to the club, why did they go amendment does not change that. My not that inherent in the draft system? so long in history before seeking a amendment merely preserves the free
Mr. HART. It is fundamental to the change? This is the first year that the dom of contract. A college athlete, durmaintenance of athletic balance and baseball clubs have resorted to seeking ing the time he is in college or during proficiency. It will permit a team to such legislation.
the time he is not subject to a draft, can pay substantial wages.
If we had a situation in baseball such get his education at any time, and sign Mr. HRUSKA. I address myself to as we have in football, I think there a contract with anybody; but he would be the point that the Senator from Mich- would be a great deal more freedom of given a right to seek a contract on the igan has raised. This was illustrated in choice. I have not talked with the Sen- free market, where he would not be the testimony of Lester Richter, who was ator from North Carolina, but in base- limited to negotiating with any one team. formerly with the Los Angeles Rams. ball, they have drafts in each league, Mr. HRUSKA. Of course, that is He was asked about the reserve clause. which will put a boy in a better position another way of saying that the draft He was an outstanding athlete and, no to determine whether he wants to go to system as we know it, which gives an doubt, he protected himself. He said: one league or the other, or even into opportunity
opportunity to achieve balance in a I, myself, would like to have the right to
a Canadian league. What I am trying to league and gives all players, in the specplay a year and then turn around and bar- find is some way we can give some choice trum of good, excellent, and outstandgain with another club, and I know you have to that boy who wants to make his own ing, a chance, would be eliminated if two of the greatest players in the game to- choice.
the amendment is adopted. The draft day in Kyle Rote and Bill Newton, both
Mr. HRUSKA. This free agent draft is system is a means of affording every of whom I shudder every time we have to
a new rule, as I understand it, because player a fairly equitable chance to get face them, but they are players, where there are a few others in the league who have the
the big leagues have found a vast field into a big league, and also to achieve ability and are of such stature that they
for supply of recruits. In the old days, that second thing which is so important could turn around and bargain freely with
the clubs used to sign them up and send in baseball-some balance among the another club.
them to the minors. The minors are teams. This would, in turn, I think, create some sadly lacking in effectiveness for that I subscribe to the thinking expressed difficulties just the reverse of what the draft
purpose today. So a new mechanism a little while ago by the Senator from has done of balancing out the league. had to be created for the purpose of re- California. One of the best illustrations So, as the two main features of this legis
cruitment. It is that which is desirable of the value of the draft is the present lation exempting the two aspects that we are discussing here, the reserve clause and
in the free agent rule, and which is now state of the race in the National League the draft, as a player in the National Footbeing used.
today. There has been that leveling off ball League, I am definitely for their being I yield to the Senator from Michigan. which has made a tremendously fine deleted or refrain from being used in the Mr. HART. I think the Senator from competition in the game. subject of antitrust laws.
Nebraska has responded very effectively. Mr. PEARSON. If the Senator will In that way the player who does not
I think also that if the only reason for a yield further, I have not had an intelhave an outstanding excellence gets a free agent draft was to save baseball
ligible answer to my question, although chance, too. He would get a chance
money, they would have done it about I know the limitation is mine, as to along with the other fellow who gets a 81 years ago. But there are also other
whether, under the Ervin amendment, chance. Only the most successful team
reasons which make good sense to the all boys would be treated equally would get the most successful and outleague, the players, and the fans.
whether or not they decide to go to colstanding players, if it were not for the
Mr. PEARSON. Mr. President, will the lege, quit school at the high school level,
Senator yield? draft and reserve system. This is what
or quit school 2 years after they we are trying to preserve in the pending
Mr. HART. I am happy to yield to matriculate?
the Senator from Kansas. bill.
I am fearful—and I acknowledge Mr. BAYH. Mr. President, will the
Mr. PEARSON. I wish to go back to
again that perhaps I do not underSenator yield? the amendment of the Senator from
stand-that the effect of the amendMr. HRUSKA. I yield. North Carolina, and ask the Senator
ment would be a deterrent to the further Mr. BAYH. Let me first make the from Nebraska the following question:
education of students who have athletic record clear to my friends, the Senator
Under the amendment, if a young man, ability. from Michigan (Mr. HART) and the Sena student athlete, is completing his high
Mr. ERVIN. My amendment now beator from Nebraska [Mr. HRUSKA). I school education, and he has athletic tal
fore the Senate does not cover high find myself in somewhat of a quandary,
ent such that he intends to play pro- school players. If my amendment is which I need to have resolved between
fessional ball at some time, is he then adopted, then I propose to offer another now and the time a vote is taken. I do going to have to make a decision as to
going to have to make a decision as to amendment which would put high school
whether or not he goes to college or does players on exactly the same basis as not know exactly how I feel. That is the
not go to college? Because if he does college players. But there is nothing in reason I ask these questions. As far as I can see, we are dealing with
go for 1 or 2 years, there is no possi- my amendment which would prohibit two different points when we talk about bility of his playing professional sports
bility of his playing professional sports any boy at any time from entering a pro
until after 4 years following his ma- fessional athletic career. The only thing the reserve and the draft. It seems to me that when we talk about the reserves, triculation.
my amendment would do would be to we are talking about a man who has al
I put the question, with the consent provide that the men who are operating ready had a chance to make a determi
of the Senator from Nebraska to the Sen- teams for profit shall not be allowed to nation, to decide between two or three
ator from North Carolina.
meet in restraint of trade, and then different competing clubs, and once he has decided, then he is the so-called the Senator from North Carolina.
team and say that he must negotiate property of that club until they desire
Mr. ERVIN. There is nothing in my with that team and not negotiate with to trade him. But when we combine the amendment that would prevent anybody anybody else. draft and the reserve, we not only reat any time from choosing the best
Mr. PEARSON. Suppose the Senator's move any future choice he might have,
course for himself, or from signing a con- amendment is adopted and the proposed but we also remove any initial choice
tract with any club at any price on which high school amendment fails. Would that he might have. the parties can mutually agree.
we not then get into a situation in which The Senator from Michigan referred
All my amendment does is to provide athletic organizations and teams would to the financial ability of the clubs, that the exemption of these professional go to the high school boy and say, “Come which is something with which he has sports from the antitrust laws will not to sports, come now, and quit your colhad a great deal of personal experience. apply to any person who is a college stu- lege"? We are going to get into a lot of I think it is certainly a very valid con- dent during his first 4 years, or until redtape.
Mr. ERVIN. In fact, 55 percent of all not have its desired effect if this course owned a highly successful farm club boys who go into professional baseball were followed.
operated by George Weiss. now go out of high school and never see Mr. BAYH. Mr. President, will the
Over the years, the Yankees would college. Senator from Nebraska yield?
bring up new players from the farm club. It might be interesting to the Senator Mr. HRUSKA. I yield to the Senator
I yield to the Senator The situation became such that with the to see what happens to the college play- from Indiana.
Yankees continually winning the peners who forsake their education for a Mr. BAYH. I hesitate to interrupt the nant, the American League was almost a baseball career. A study of a sample of Senator from Nebraska again; but so lopsided league. 403 college baseball players who signed long as we are involved in a colloquy,
As to the individual benefits to be deprofessional contracts during the years will he indulge me the opportunity to ask rived from the scholarship, I could cite 1947 through 1957 showed that 20, or a question, which I think is pertinent, of
many instances in which boys would not 4.96 percent, were playing in major the Senator from North Carolina?
have had an opportunity to go to college leagues in 1957. Of the 20, 12 signed Mr. HRUSKA. By all means.
had it not been for the scholarship sysbonus contracts, and 8 were nonbonus Mr. BAYH. One other alternative tem. players. might be added, if I am not incorrect,
I am told I believe my information Mr. HRUSKA. To answer the Sena- to the proposal of the Senator from
is correct—that there is never encourtor from Kansas, the Ervin amendment Michigan. I should like to ask the
agement to have a boy drop out of colwould not prohibit the signing of college Senator from North Carolina what his
lege. The scholarship provides for a 4players. All it would do would be to thoughts are in this respect: What might
year period. The team giving the scholprohibit the professionals from agreeing happen or what would be the best thing
arship cannot retreat from the bargain, among themselves that only one team at that could happen to the boys under the
but the boy can. The boy can leave cola time would be allowed to negotiate with Ervin amendment would be that they a player in college. It would not prohibit would not sign up with a professional would not sign up with a professional scholarship is for 4 years. In many in
lege any time he wishes to do so. The the signing of players in college. That team until they entered college, then they
stances, the pressure has been to the conis the point that bears on the problem of could deal as free agents. This, it seems
trary: it has been to keep the boy in dropouts in which the Senator from to me, might tend to increase the rate of
college. Kansas has evidenced an interest.
college dropouts. In other words, the Mr. PEARSON. I ask the Senator the boys would know that they had a better
If we balance the good against the following question: The competition for bargaining agreement if they signed up.
harm, I believe that organized baseball
has rendered football players crosses national bound- Even if
a valuable service. I professional teams
know that when I was a young man, if aries. Our country is now competing wanted them, they could be limited to
I had not had an athletic scholarship, I with Canadian teams. Will a Canadian the one team that had drafted them.
never would have got to prep school, let team be in a better position to negotiate This would be contingent on the fact
alone college. with college athletes than the members of that the league would have to continue the National Football League? with the same sort of draft it now has.
Mr. ERVIN. There is no doubt that Mr. HRUSKA. I am not familiar with
all scholarships have been beneficial, and
Mr. ERVIN. I do not think it would the international aspects; however, I be- do anything to encourage college drop
have been so without exemption from
antitrust laws. lieve the National Football League and outs. I have an amendment that would
I believe professional baseball teams the American Football League have a set apply to high schools. It would permit of regulations by which their members high school students to be free agents,
can make a good case for the proposition are controlled. It gets at the business just as all other Americans are free
that if they are given a monopoly on ath
letic skills, and can say who will hire a of rating college football teams, such as agents. If the present amendment is those that engage in the post-season agreed to, I intend to offer one relating particular boy, and that nobody else is bowl games. to high school students, so as to take care
going to hire him they can make a Mr. PEARSON. It may not be a prob- of any difference between the two groups.
bigger profit. I believe the steel comlem, but the Canadian Football League I do not believe there would be any in
panies could make it appear that they
could get along better if they were eximposes a limitation on the number of crease in the number of dropouts. American players that can be used. Per- The professional baseball scholarship
empt from the antitrust laws.
Mr. MURPHY. The analogy is neither haps I am mistaken, but I do not believe programs are for boys who must leave there are any contractual relations be- college to go to spring training and then a fair one nor a good one. The Senator tween the American football leagues and must remain with the teams until the is discussing steel products; that is, the
fall season is over. They are the ones the Canadian League.
restricted use of a product. We are now Mr. HART. Mr. President, will the to whom there would be encouragement
to whom there would be encouragement talking about something basically ac
to drop out. As I said a moment ago, Senator from Nebraska yield?
cepted or generally accepted. The Mr. HRUSKA. I yield. two-thirds of the boys who leave college
motion pictures are entertainment. Mr. HART. The Senator from Kansas to play baseball never return to college. Mr. ERVIN. The steel companies have is correct. There is no working arrange
That is what has happened under the an interest in their product. They have ment between the American and Na present system.
to negotiate on the free market with the tional Football Leagues and the Canadian Mr. MURPHY. Mr. President, will the
men who work for them. I believe that Senator yield?
the professional sports are an example of League. As to the basic question raised by the
Mr. HRUSKA. I yield.
another type of commercial enterprise, Senator from Kansas: What would be Mr. MURPHY. Is it not true that boys
but they seek by this bill to deny other the effect on the future of someone's drop out of college for many reasons? people the freedom of contract, for their academic standing if the amendment Mr. ERVIN. That is correct.
own benefit. were agreed to? It is possible depend- Mr. MURPHY. Is it proper that we
Mr. MURPHY. The men employed in ing on the response from the leagues analyze the current baseball and football the steel industry do not have the right that the reaction could be to eliminate system in order to accommodate a situa
to negotiate individually. I submit that the draft by treating the men as free tion which results in a large number of
the unions negotiate for them. agents, and by intensively recruiting dropouts? Is it not also true that the
Mr. ERVIN. I must disagree with the and raiding them. In the short run, that present system of regulation has been
Senator from California on that point. would be good for the best college short- established for several reasons; namely,
The union may negotiate. The union stops. In the long run, it would be a the consideration of the audience, the seeks to obtain for them, however, the disadvantage to those who enjoy the consideration of the overall health of the highest price the labor market affords. game, to the clubs which operate the sport, and the consideration of keeping Mr. MURPHY. From a
a practical teams, and to the players of the future. competition close, so that there will be standpoint, he would have a problem. On the other hand the leagues could an interest in the sport?
Mr. ERVIN. I say to the Senator decide not to touch any man for 4 years Not so long ago a play entitled "Damn from California that it is a question as to after his entering class began in college. Yankees” was produced in New York. It what to attach the greater value: the Certainly, the Ervin amendment would related to the New York Yankees, which
related to the New York Yankees, which right of people engaged in commercial enterprise to deny to people whose serv- gether, and only one team would get a He seems to be saying that what is bad ices they want a free market for the draft choice.
while the athletes are in college is good after sale of those services, or the freedom of Mr. ERVIN. The reason that this sit- they graduate. The same invasion of pri
vate bargaining rights that is horrendous the individual to contract.
uation exists now in the sport of football while the athletes are in school becomes, in I stand on the side of freedom of the is a Supreme Court decision to the effect Senator ERVIN's view, permissible after a individual wherever the issue is drawn. that they are subject to the antitrust diploma is received. His amendment would
Mr. HRUSKA. Mr. President, this is laws. However, if the pending bill is approve their later loss of free bargaining predicated on the system of free agent passed, they can make the same kind of rights. and draft that we have now. If it is tem- agreement as the American and the Na
The pro football people have defended pered with, two results may flow from tional Baseball Leagues can.
their college draft, making the point that such action.
the draft pool is helpful to the weaker clubs
The baseball leagues have expressed in the league by giving them access to new First. The bill may be rejected. the opinion that this would place them
talent that brings about a speedier balance Second. If the free agent and draft under the antitrust laws, not because to the league. They have not dwelled on the system were abandoned, we would have they want to be there, but because they fact that the draft policy deprives the athchaos and confusion.
expect the Supreme Court to overrule the lete of a right to invite competitive bidding Mr. ERVIN. Perhaps, instead of pass- previous decision, and that would be one
and sign with the team of his own choice ing a bill to exempt the leagues from the decision that I believe the Supreme Court
after weighing all offers. antitrust laws, we should place them un- would be justified in overruling.
It is not pro football, however, that will der the antipoverty program.
be wounded by the Ervin amendment. Base
Baseball is quite a different sport now ball would take the biggest blow here, for Mr. HRUSKA. Mr. President, I ask than it was at the time Justice Holmes reasons obvious to both professional sports. for the yeas and nays.
wrote, in his opinion, that baseball was The pro football people couldn't care less The yeas and nays were not ordered.
not covered by the antitrust laws. Since that the Senator wants them restrained from Mr. MAGNUSON. Mr. President, I ask unanimous consent to have a rollcall that time, we have had the advent of signing players before they graduate. They
already have a well-spelled-out policy that radio and television broadcasting of vote on this particular amendment.
no player can be signed by any league team games from one State to another in The PRESIDING OFFICER. Is there
until his class graduates, including college interstate commerce. objection?
dropouts. Mr. CARLSON. Mr. President, re
I believe that the Supreme Court will The only manner in which the pro football
clubs could be affected by the Ervin amendserving the right to object, I believe that in baseball are afraid that it will happen overrule its decision. People interested
ment would be in the restraint on their preit is poor policy to grant a rollcall vote at any time and they want to be exempt.
graduation negotiations. By league rule by unanimous consent. I believe that is
they are not supposed to negotiate with very poor policy.
Mr. HRUSKA. Mr. President, I ask
collegians, anyway, until their football eligiMr. HART. Mr. President, reserving
unanimous consent that there be printed bility expires in December. The pros would the right to object, I share the concern at this point in the RECORD, an article by simply postpone their draft meetings until of the Senator from Kansas. Shirley Povich, printed in the Washing- June and find themselves admirably within
the law. Mr. MAGNUSON. Mr. President, I ton Post of August 13, 1965. withdraw my request. Sometimes, in an
There being no objection, the article
But baseball, which has proved a greater
lure to college dropouts, has no wait-untilemergency, we can save time by follow- was ordered to be printed in the RECORD,
graduation rule and draws much talent from ing such a procedure. as follows:
the campuses. Also, baseball likes to get Mr. HRUSKA. Mr. President, I yield
THIS MORNING WITH SHIRLEY POVICH them younger. The 17- and 18-year-old to the Senator from Indiana.
The sports bill that was getting along so football player is too tender for the pros, but Mr. BAYH. Mr. President, I should swimmingly in Congress has just been gaffed
this is at the age when baseball teams like
to muckle on to them. like to address one other question to the by Senator Sam J. ERVIN, who comes from North Carolina, a State that jumps with
The Ervin amendment is the more awkSenator from North Carolina. The Senator has mentioned freedom. the professional leagues are asking too much college football. The Senator is saying that ward for baseball, too, because that sport's
clubowners voted only recently to indulge Freedom is a question which concerns permissiveness in S. 950.
in the college draft after learning to envy me also. The Ervin amendment, as I This is the bill that has already been re
the gravy train that pro football set up for read it, would apply to all the sports ported favorably by the Judiciary Commit
itself. Like pro football, baseball was eager mentioned in the bill. tee and is expected to reach the Senate floor
to be done with its expensive competitive
bidding for talent and put the signings on Does the Senator from North Carolina later this week. It endows the organized
a pool basis. make a difference or discriminate in his football and baseball leagues with virtual
Earlier in the summer, the organized baseimmunity from antitrust legislation and thinking concerning freedom which presently exists as between a lad who is about that exempted baseball from Federal regulareinforces a 1922 Supreme Court decision
ball leagues which once took pride in giving
the school player at least an original choice to be drafted by a baseball team and a
of the team he would join, drafted 863 lad who is about to be drafted by a foot
But Senator ERVIN has said whoa, there,
young players virtually on a pro football ball team? too much is being conceded to the pros.
basis. The bulk of these were offered conMr. ERVIN. Mr. President, I see no The college people who have long been sore
tracts long before college graduation, and a difference between the two. It is a quesat the pro clubs for their vulturelike de
great many were high school players. scents on the campuses with tempting
That is another thing about the Ervin tion of freedom of contract in both cases. The Senator made a good point a while have found a forceful advocate in the Senoffers to go commercial with their skills,
amendment: It covers only college players.
It seems to say that pro teams who entice ago concerning baseball and football ator from North Carolina.
boys to drop out of college are bad, but teams. The football teams at least have
He has persuaded the same Judiciary Com
there is nothing naughty about encouraging competition among themselves for the mittee to accept the Ervin amendment to the
high school dropouts. Somehow, there is services of persons skilled in football. sports bill. It strikes hard at the so-called
something odd about the view from North
Carolina. Under this bill, that freedom could be draft rights of both professional football abolished.
and baseball which eliminate competitive Mr. CARLSON. Mr. President, there Mr. BAYH. Mr. President, the point individual bargaining rights of the college bidding and at the same time erase the
are Senators who have not as yet had I wanted to explore the thinking of the athletes who find themselves indentured to
the opportunity to receive the benefit of Senator on is that, in football, we now the selecting team, with no choice of their
reading the transcript of the hearings have the American, National, and Ca- own.
which took place before the committee. nadian Leagues. With respect to a pro- This is the power the pro football leagues, I have received a letter from the Big spective college or high school football particularly, have arrogated to themselves Eight Conference, Missouri Valley Interplayer—and it would have to be college and Senator ERVIN wants the freedom of con- collegiate Athletic Association, signed by now because, under the league rules, tract rights of the athletes protected. His
Wayne Duke, executive director.
This there is now a freedom of choice—any of amendment would strip pro teams of ex
conference includes Iowa State Univerclusive bargaining rights and their antitrust those three groups of teams could par- protection if they negotiate with players dur
sity, Kansas State University, Oklahoma ticipate. However, the thing that con- ing the 4 years they are in college. But it is
State University, the University of Colocerns me is that there would be only one a distressingly half-way measure that the rado, the University of Kansas, the Unileague, or two leagues considered to- Senator has introduced.
versity of Missouri, the University of Nebraska, and the University of Okla- No more graphic illustration of the prema- in Senate bill 950 at this time does not give homa. ture signing problem can be cited than the protection to the schools should clubs enter
into a television agreement individually and, I read from one paragraph of this one involving one of our own member institu
tions, the University of Oklahoma, whose therefore, could cause a tremendous impact letter as follows:
football team was virtually stripped of its key on the receipts and attendance at high school It is the concern of this office and the
personnel prior to the Gator Bowl football and college contests on Friday and Saturday member institutions of the conference that game last season.
nights. unless S. 950 is adopted as amended by Sena- The matter of ruinous, indiscriminate sign- We are hopeful that a proposed floor tors DIRKSEN and ERVIN, such bill will work ings of undergraduate student-athletes to amendment to S. 950 will place the same to the detriment of the Nation's interscholas- professional baseball contracts has always restraints that attach to packaging upon intic and intercollegiate competition.
been a problem to the development and main- dividual club arrangements, if a club were
tenance of a sound intercollegiate baseball the beneficiary of an antitrust exemption I have received a letter from Wade R.
program, and the new professional baseball for television purposes. Stinson, director of athletics at the Uni- draft, unless curtailed by passage of S. 950, We are also interested in the second versity of Kansas, Lawrence, Kans. I will accentuate this serious problem.
amendment of S. 950 as introduced by Senaread one sentence of this letter. It reads The seriousness of the television situation tor ERVIN, of North Carolina, and can be as follows:
was emphasized by the forceful reaction of identified as the Ervin amendment. This
the Nation's high schools when it became ap- amendment would put into law the substance Having a very vital interest in intercol
parent last fall that professional football con- of an agreement between colleges and prolegiate athletics, I strongly request your vote
fessional football regarding contract signings favoring the Ervin amendment and the pro- templated televising on Friday nights in opposed floor amendment, placing the same
position to the many high school games being of college students with eligibility remaining.
played on that traditional playing date. television “packaging" restraints upon in
We urge your support of these two measdividual club arrangements to Senate bill 950.
While S. 950, as reported to the Senate, does ures and, based on our contact with the
afford protection to the high schools and col- school administrators throughout Kansas, I have a letter from the Kansas State leges from telecasting of professional sports they are most interested in what steps will High School Activities Association, Inc.,
contests contracted on a league basis, it is my be taken by the Senate to give some protecwhich is signed by Brice B. Durbin, ex
understanding that an amendment will be tion to the school athletic programs. We
presented on the floor extending such protec- will be most appreciative of any action and ecutive secretary.
tion from telecasts arranged by individual help you can give in the solution of these I shall read two paragraphs of this let- clubs. This amendment will afford even two problems. ter. They read as follows: greater protection than that provided by the
Very cordially yours, We are hopeful that a proposed floor Dirksen amendment, and we urge your sup
BRICE B. DURBIN, amendment to S. 950 will place the same report of this additional proposal.
Executive Secretary. straints that attach to packaging upon in
Without these statutory responsibilities individual club ararngements, if a club were corporated in S. 950, the position of the
Mr. CARLSON. Mr. President, I the beneficiary of an antitrust exemption for school-college sports program as the back- asked that these letters be printed in the television purposes.
bone of American sports is seriously threat- RECORD because, after listening to some We are also interested in the second
ened. It is our hope that you will see fit to of this debate, I have been a little conamendment of S. 950 as introduced by Sena- support passage of the bill containing these cerned that we might do the wrong tor ERVIN, of North Carolina, and can be provisions.
thing if we did not agree to the Ervin identified as the Ervin amendment. This
Sincerely, amendment would put into law the sub
amendment. stance of an agreement between colleges and
Mr. HRUSKA. Mr. President, will the professional football regarding contract sign
Senator yield? ings of college students with eligibility
THE UNIVERSITY OF KANSAS,
Mr. CARLSON. I yield. remaining.
Lawrence, Kans., August 6, 1965. Mr. HRUSKA. Mr. President, I have Mr. President, I ask unanimous consent Senator FRANK CARLSON,
also received letters similar to those Senate Office Building, that the letters from which I have just
which have been read by the Senator Washington, D.C. read be printed at this point in the
DEAR SENATOR CARLSON: Having a very RECORD. vital interest in intercollegiate athletics I
Concern is expressed by coaches and There being no objection, the letters strongly request your vote favoring the Ervin athletic staffs and directors of universiwere ordered to be printed in the RECORD, amendment and the proposed floor amend- ties and colleges. However, that conas follows:
ment, placing the same television packaging cern is based on the fact that they un
restraints upon individual club arrangements derstand the Ervin amendment would BIG EIGHT CONFERENCE,
to Senate bill 950. MISSOURI VALLEY
prohibit the raiding of college students
We must continually be on guard for from the ranks of college students prior INTERCOLLEGIATE ATHLETIC ASSOCIATION,
amateur high school and intercollegiate
I again refer to the letter from the SenThe U.S. Senate,
All of us hope you will give these two ator from North Carolina in which he Washington, D.C.
amendments your favorable consideration. undertook to express to the Members of DEAR SENATOR CARLSON: While on a recent
this body what his amendment means. visit to the Senate Office Building, I stopped
WADE R. STINSON, by your office, without any advance notice,
In his letter, the Senator from North Director of Athletics.
Carolina stated: principally in the hope of making your acquaintance and also to submit views, infor
KANSAS STATE HIGH SCHOOL
My amendment in no way prohibits teams mally, relative to S. 950, which would grant
ACTIVITIES ASSOCIATION, INC.,
from signing college players. broad exemptions to the professional sports
Topeka, Kans., August 5, 1965. organizations. Senator FRANK CARLSON,
All it would mean is that it would proIt now becomes apparent that S. 950 will U.S. Senate,
vide that there cannot be any arrangecome to a vote shortly-possibly this week- Washington, D.C.
ment to have a limitation within the prompting this more formal expression of DEAR SENATOR CARLSON: Of considerable rules and regulations of the league views with respect to the bill on behalf of concern to the junior and senior high schools whereby a player, when he is signed up, the eight State universities which comprise in Kansas is Senate bill 950, as pending in would be prohibited from dealing with the Big Eight Conference.
the U.S. Senate at this time. This bill would all the teams in the league. It is the concern of this office and the mem- exempt certain aspects of the conduct of
That would not bear on the matter of ber institutions of the conference that unless professional sports such as the player-selecS. 950 is adopted as amended by Senators tion draft and from Senate antitrust laws. signing college players. It would not DIRKSEN and ERVIN, such bill will work to the We are interested in this measure only inso
prohibit the signing of college players. detriment of the Nation's interscholastic and far as exemption privileges might be exer- If that understanding had been clear in intercollegiate athletic programs.
cised to the detriment of the school and the minds of those who sent letters and Our concerns in this matter center largely college program. We are interested in sup- telegrams such as those to which I reupon privileges which might be granted to porting two amendments to the bill.
ferred, I am confident they would have permit (1) the premature signing of college One of these does not appear in the bill as lost interest in the Ervin amendment. student-athletes prior to the completion of it was reported to the fioor for the Judiciary
The success of the Ervin amendment their undergraduate program, and (2) the Committee. The schools in Kansas are quite televising of professional football games in concerned about the privileges granted pro
would mean the death knell to the draft direct conflict with interscholastic and inter- fessional team sports for television rights system. Make no mistake about that. collegiate competition.
through antitrust exemptions. The wording That is exactly what would happen.
Testimony has been taken, going back There being no objection, the letter
scholastic, intercollegiate and allied recrefor the last 4 or 5 years, from the play- was ordered to be printed in the RECORD,
ational and physical fitness programs. ers and the league representatives, to as follows:
We earnestly believe that intrusions upon
and disruptions of the school-college sports the effect that we must have a draft sys
INTERCOLLEGIATE CONFERENCE, system on the part of professional sports in tem and a free agent system in order to
Chicago, Ill., June 10, 1965.
the exercise of statutory privilege would be give the players at large a chance to get Hon. PHILIP A. HART,
contrary to the national interest and should on teams and in order to balance the Chairman, Antitrust and Monopoly Subcom
be carefully guarded against. teams within the league.
mittee, U.S. Senate, Washington, D.C. We visualize such intrusions and disrupMr. CARLSON. Mr. President, I say
DEAR SENATOR HART: In response to your tions occurring readily in two areas: (1) the to the distinguished Senator from Ne- thoughtful invitation, this statement of
signing of college athletes to professional braska that we are very proud of our
views with respect to S. 950 is submitted on sports contracts before they have had an op
behalf of the National Collegiate Athletic portunity to fulfill their educational objecathletic ability in the Midwest and in Association, an organization of 626 of the tives and before they have completed a Kansas. No one knows that better than Nation's universities, colleges, athletic con- normal period of collegiate sports eligibility; the distinguished Senator from Nefrom Ne- ferences, and associations.
and (2) the televising of professional footbraska, whose football team usually Our association is respectful of the role ball games to the detriment of in-person atromps on ours every year, or two, or which professional sports play in American tendance at and support for interscholastic three, and causes us some problems. culture, and are sympathetically aware of the and intercollegiate football games.
Our concerns in these matters were reHowever, in view of the statement of problems posed by the inconsistency in presthe Senator, I ask the distinguished sports of baseball, basketball, football and ently applicable law to the professional team corded with the Senate Judiciary Committee
and the Antitrust and Monopoly SubcomSenator from Nebraska, if I were to vote hockey. We wish to make clear that the mittee in connection with the consideration against the Ervin amendment, can the views we hold regarding the provisions of of S. 2391 in the 88th Congress, a measure Senator from Nebraska assure me that S. 950 are in no way opposed to the bill's virtually identical with S. 950. Amendour situation, as it has been mentioned purposes in providing uniform treatment, ments to S. 2391, designed to relieve those in the letters, would be protected?
under the antitrust statutes, for those sports. concerns, were introduced in committee by Mr. HRUSKA. Letters and telegrams
Nor are we necessarily opposed to the Senator DIRKSEN, and with some modificasuch as those to which the Senator from through exemption from applicability of the means of providing uniformity of treatment tion we urgently petition their attachment
to S. 950. Kansas [Mr. CARLSON) referred have not antitrust laws in the four areas specified in The Judiciary Committee, in reporting on been based on a proper understanding the bill.
S. 2391 August 4, 1964, indicated that it had of the Ervin amendment or the rest of We do feel that the Congress should ex- given sympathetic consideration to the the bill, because, flatly, there is no pro- amine closely, in the interests of the individ- amendments but that the contract signing hibition in the Ervin amendment against ual athletes concerned and possibly from a situation did not then "seem * *
to warthe signing of college players. That is constitutional standpoint, the propriety of rant congressional action" although the subwhat interests the athletic directors.
the so-called free agent player draft which committee would "follow closely the actions Mr. HART. Mr. President, earlier I
would in effect be legalized by the bill, since of the leagues and clubs in his regard"; and
it must operate to inhibit an individual's op- that action then on the television situation assured the Senator from North Carolina portunities to negotiate freely in contracting
portunities to negotiate freely in contracting “would be premature.” We submit that I would ask for the yeas and nays on for his services as a professional athlete. We events since the date of that report have his amendment.
recognize, however, that the question in- amply confirmed our alarms and fully I ask for the yeas and nays.
volved is essentially one of public policy to justify, if they do not compel, modification The yeas and nays were ordered. be determined by the Congress. We there- of S. 950 by inclusion of the substance of the
amendments proposed to S. 2391 last year. Mr. ERVIN. Mr. President, I am fore express no view, affirmatively or nega
The first amendment proposed would not rather astounded to hear it suggested tively, with respect to this feature of the bill in its general terms.
preclude operation of the free agent player that the colleges which favor my amend
Our views regarding S. 950 rest upon the draft. It would, however, make it a violation ment do not understand the proposal. fact that its essence is to grant broad exemp- of law to execute a contract for playing servI do not believe that is so. To show that tions from existing law, and upon the propo- ices, pursuant to negotiation rights acquired they do understand, I ask unanimous sition that when such privileges are to be by a professional club through the draft, with consent to have printed in the body of accorded it is appropriate, and essential, to a college student, under certain circumthe RECORD a letter from Duke Univerprovide corresponding requirements of re- stances. Those circumstances would be lim
ited to the signing of a contract with a stusity, signed by E. M. Cameron, director sponsibiliy in the public interest. of athletics, endorsing my amendment.
We submit that unless the bill is appro- dent for his playing services in a particular There being no objection, the letter sponsibility, privileges afforded professional priately amended to create a statutory re- sport before the end of his college's season
in that sport in the fourth year following was ordered to be printed in the RECORD, team sports under existing law and as pro- his matriculation in college. as follows:
posed by S. 950 can and would operate to the The thrust of such a measure would be DUKE UNIVERSITY,
detriment of the Nation's interscholastic and simply to protect against operation of the Durham, N.C., July 21, 1965. intercollegiate athletic program, and we sub- draft privilege to permit signing a student Hon. SAM J. ERVIN, Jr.,
mit that such detriment is contrary to the to a professional contract before he has comU.S. Senate, public interest.
pleted his normal or ordinary college eligibilWashington, D.C.
To qualify the latter statement, may we ity in the sport. Such a statutory provision DEAR SENATOR ERVIN: The educational com- digress here to describe that system briefly. would have precluded those numerous inmunity including all of the high schools, The tradition of the school-college sports stances of premature signings to professional junior colleges, and colleges are really in- program in the United States is unique football contracts last fall which were debted to you for your assistance on behalf among nations. (The Soviet track coach was graphically and tragically illustrated when of the amendments to S. 950.
recently quoted as saying "The U.S. chief it was necessary for the University of OklaWe are all observing your efforts with great advantage (in Olympic potential) is the homa to declare ineligible four members of interest and you have our unqualified sup- annual vast flow of fresh athletic forces its football team on the eve of a game after port.
from the schools.") The system is the back- it was learned they had previously signed Thank you again.
bone of American sports, amateur and pro- "undated" contracts for their professional Yours truly,
fessional The programs of the NCAA football services. E. M. CAMERON,
membership embrace formal intercollegiate These premature signings last fall were so Director of Athletics.
competition in 32 sports, involving 144,000 serious in their implications that the NCAA
participants. Additionally, some 33,500 male made direct appeals to the National Football Mr. ERVIN. Mr. President, I have a students engage in recreational club activi- League and to the American Football League copy of a letter which was addressed to ties sponsored by their institutions, and for assurances that such practices not recur. the able and distinguished Senator from some 1,161,000 students, or 85.7 percent of It should be a matter of record that pledges Michigan [Mr. HART), from William R. the male undergraduate enrollment, partici- to this effect, with stringent penalties upon Reed, chairman, NCAA Legislative Com- pate in 59 different intramural sports (1963 member clubs for any breach, have been mittee. He also represents the Big Tendata).
given by both professional football leagues.
Football, with college revenues amounting Illinois, Indiana, Iowa, Michigan, Michi
The point may be made that such pledges, State, Minnesota, Northwestern, vital force in this sports program. Both at
to approximately $71,500,000 annually, is a gan
to bar the same acts which the proposed
amendment would make unlawful, obviate Ohio State, Purdue, and Wisconsin- the high school and college level football the necessity of such legislation. We subwhich asks for an amendment of this provides a stimulus to the entire sports pro- mit to the contrary, that the agreements character. I ask unanimous consent to gram and to the vitality of campus life, and which have been executed between the prohave that printed in the RECORD.
is an important factor in financing the inter- fessional football leagues and the NCAA