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only confirm the reasonableness and de- nition of obligations which should be re- PROHIBITION OF OBSTRUCTION sirability of statutory provision to the same quired of the benefited party.
OF PERFORMANCE OF DUTY BY effect.
Respectfully submitted, It is no reflection upon the good faith or
WILLIAM R. REED,
THE ARMED FORCES intentions of those in professional football
Chairman, NCAA Legislative Committee. Mr. LAUSCHE. Mr. President, I regret who are parties to the recent agreements to
Mr. ERVIN. Also, Mr. President, I that I am not going to speak on the subobserve that there is nothing in them which
wish to say to my good friend the senior ject which is pending before the Senate is necessarily binding upon a future generation of professional football's manage
Senator from Kansas that I have a letter at the present time, but it is my underment; or to recall that the events giving signed by Wayne Duke, executive direc- standing that at 3 o'clock nongermane rise to these agreements were in violation of tor of the Big Eight Conference, Mis- matters are allowed to be placed before pledges given the Congress and the public by souri Valley Intercollegiate Athletic As
the Senate. an earlier commissioner of professional foot- sociation, who endorses this amendment. Mr. President, I introduce for approball. In short, it must be recognized the Mr. President, we
we might as well priate reference a bill declaring it to be agreements are not necessarily permanent
understand fully what we are do- a felony against the United States for or inviolable. Furthermore, the agreements referred to are limited to the sport of foot
ing. Those who are engaged in operat- any person to interfere with or impede ball and we submit that the principles in
ing the college athletic programs under- the flow of transportation of personnel, volved are equally valid and applicable to stand what is involved. Under the bill equipment or property of the military any other team sport which does or may they would be in danger of being raided forces of the United States. Conviction exercise antitrust exemptions to conduct a by teams with immunity from the anti- for such an offense would subject the ofplayer draft to establish contract negotia- trust laws. It is said it may not happen. fender to a fine of not more than $10,000, tion rights with college students.
It already has happened with respect to or imprisonment of not more than 10 The second amendment would perfect cer
football in the case of one of the great years, or both. I ask unanimous contain provisions of Public Law 87-331 (75 Stat. teams of America.
sent that the text of the bill be printed 732), which is an act giving professional football leagues privileges of televising games
The bill before us provides, in lines 2 at this point in the RECORD. under a league agreement, notwithstanding to 13 of subsection (a) about as broad an The PRESIDING OFFICER. The the antitrust laws. The privileges are limit
The privileges are limits authority for exemption from the anti- bill will be received and appropriately ed in that they may not be exercised on trust laws as can be conceived in this referred; and, without objection, the bill Friday evenings or Saturdays during the field. It provides that,
will be printed in the RECORD. football season over stations located within
The antitrust law shall not apply to any
The bill (S. 2482) to prohibit obstruc75 miles of a scheduled intercollegiate foot
contract, agreement, rule, course of conduct, tion of the performance of duty by the
or other activity by, between, or among per- Armed Forces by obstruction of the These limitations were discovered by
sons conducting, engaging, or participating transportation of personnel or property events which transpired last year, to be in
in any one of the organized professional team adequate protection to intercollegiate foot- sports of baseball, football, basketball, or
thereof, introduced by Mr. LAUSCHE, was ball and more particularly to interscholastic
received, read twice by its title, referred hockey to the extent to which such contract, football. It developed, through publicized agreement, rule, course of conduct, or activ
to the Committee on the Judiciary, and plans of a television network and sponsor, ity relates to *.
ordered to be printed in the RECORD, as that it was possible for individual profes
The employment, selection, or eligibility follows: sional clubs to avoid the restraints of the of players, or the reservation, selection, or
S. 2482 law which are applicable only to joint agreeassignment of player contracts.
Be it enacted by the Senate and House ments. Those plans did not materialize because the league schedule did not provide I say in all seriousness that those words
of Representatives of the United States of for a series of Friday night games, as con
America in Congress assembled, That section in the bill enslave any person in the
2387 of title 18, United States Code, is templated by the television plan. The po- United States who possesses any skill in amended bytential remains, however, and indeed was baseball, football, basketball, or hockey. (1) Redesignating subsection (b) as subexemplified when a professional game played
With respect to the reserve clause, my section (c); on a Friday night in New York (and, ironically, blacked out there under league policy
amendment does not relate to it, as I (2) Inserting therein, immediately after which protects home games from TV comconstrue it.
subsection (a), the following new subsecpetition) was televised in Washington to the My amendment provides that the ex
tion: substantial detriment of high school games emption provided by subsection (a) shall
"(b) Whoever, with intent to obstruct, imscheduled for that time in that area. not apply to—"Any agreement, plan, or
pede, or interfere with (1) the performance It is proposed that the existing statute be
of duty by any organization, unit, or memarrangement under which any club adamended, through an amendment to S. 950, ministering a professional sport team
ber of or (2) shipment or transportation of to extend its protective features to high
any supplies or materiel to or for the use of, may have an exclusive or preferred right any of the military or naval forces of the school and junior college football games, and that its restraints be operative upon indi
to negotiate for the services of any col- United States, willfully obstructs, impedes, vidual clubs which otherwise, by joint agree
lege student,” during the period specified. or interferes with, or attempts or conspires ment, enjoy the statute's exemptions from
All the amendment does is preserve the
with any other person to obstruct, impede or antitrust provisions. freedom of contract.
interfere with, the operation, movement, or This amendment is particularly vital to As has been pointed out, I did not try
passage of any vehicle, railway equipment, the high schools and junior colleges. The
boat, vessel, aircraft, or other facility for to put in my amendment a provision that transportation while such facility is in use NCAA urges the amendment in support of
a college player could not sign a contract. those sister institutions in the school-college
or intended to be used for the transportacommunity and on behalf of a certain
That would be unconstitutional, because tion of any personnel or property of any of
a student should have the rights of con- such forces shall be fined not more than though considerably lesser number of its members who schedule football games on
tract. I would not deny the student the $10,000, or imprisoned not more than ten right to sign a contract. I do not pro
years, or both." Friday or Saturday nights, and in recognition of the existing potential for professional
pose to do so. I would not if I could, Mr. LAUSCHE. Mr. President, recent football clubs individually arranging to and I certainly do not want to.
incidents that have occurred in this schedule and televise games without re- All I am trying to do by the amend- country where organized groups have straint on Saturday afternoons, the tradi- ment is to preserve for a limited period of attempted to prohibit the transport of tional hour for and the heart of intercol- time a right which belongs to all Ameri- Vietnam-bound military personnel and legiate football.
cans, namely, the right of anyone to loading of vital supplies aboard ships It has been suggested that since S. 950 does not concern itself with television practices, willing to negotiate with him to sell his
negotiate a contract with anyone who is border on revolution and treason. One the proposed amendment relating to tele
willing to negotiate with him to sell his of the most flagrant attempted acts vision is not relevant. We submit that it is
skill for the highest price he can obtain. against our Government was committed
I would apply that provision for only a always relevant to attach conditions and
at Berkeley, Calif., by an irresponsible requirements of responsibility when privilimited period of time.
group whose members recently tried to leges of statutory exemption are being ac
When it comes to making a choice be- stop a passenger train containing milicorded any party, and that since S. 950 is in tween freedom and economic enslave- tary personnel assigned to Vietnam. On essence a grant of privilege to professional ment, I stand by economic freedom. It Thursday, August 12, a sizable group of football, among other sports, it is an appro- is to protect that same freedom that I irresponsible individuals demonstrated priate and logical vehicle for statutory defi- have offered this amendment.
at the San Francisco port protesting
against the loading of a vessel with ur is supposed to be loaded by ILWU longshore- House had agreed to the report of the gently needed cargo destined for Saigon. men. At their international convention last committee of conference on the disagreeMr. President, this August 12 act was April, the union delegates passed a strong
ing votes of the two Houses on the incited as the result of distribution of called, in part, for an “immediate cease“Get Out of Vietnam" resolution which
amendment of the Senate to the bill a two-page piece of propaganda directly fire" and the "withdrawal of all foreign
(H.R. 6927) to establish a Department of attacking our Government's policy and troops (U.S. forces) from Vietnam.”
Housing and Urban Development, and urging demonstrations to the extent that You'll be seeing more of us passing out
for other purposes. vitally needed cargo could not be these leaflets. If you agree with what we're The message also announced that the shipped. I ask unanimous consent that saying, we invite you to join us, talk to your House had disagreed to the amendment the contents of this piece of propaganda friends and demonstrate at piers where of the Senate of the bill (H.R. 728) to be printed at this point in the RECORD. goods are being loaded for Vietnam. If you
amend section 510 of the Merchant There being no objection, the state- people discuss political issues face-to-face disagree, then argue it out with us. When
Marine Act, 1936; agreed to the conment was ordered to be printed in the we'll be on the road to making this country
ference asked by the Senate on the disRECORD, as follows: a living democracy instead of a paper one.
agreeing votes of the two Houses therePROTEST THE WAR IN VIETNAM Students who are against the war must
on, and that Mr. GARMATZ, Mr. ASHLEY, (On August 12, a ship is departing for
aline themselves with workers and other seg- Mr. DoWNING, Mr. MAILLIARD, and Mr. Saigon, join us in this demonstration, ments of the community. In order to be PELLY were appointed managers on the Thursday, August 12, pier 39—Embarcadero
effective in ending the war, all segments of part of the House at the conference. from 4:30 p.m. to 7 p.m.) the community must become united.
The message further announced that The second heaviest bombing of North
Alliance for Action: Alliance for Action is
the House had disagreed to the amendVietnam to date was carried out the day a coalition of individuals and organizations.
ment of the Senate to the bill (H.R. after 25,000 students marched and pro- Only when workers, students, and the comtested in Washington (the April 17 SDS munity join together can effective opposi
munity join together can effective opposi- 8283) to expand the war on poverty and March on Washington). Only i1 days after tion to the war be waged. We call on all
enhance the effectiveness of programs the Washington protest, U.S. Marines in- individuals and organizations to join on a under the Economic Opportunity Act of vaded the Dominican Republic. coequal basis.
1964; agreed to the conference asked by In the face of strong opposition, Johnson
Mr. LAUSCHE. Mr. President, this
the Senate on the disagreeing votes of is stepping up the war effort; 200,000 men are now going to Vietnam.
the two Houses thereon, and that Mr. propaganda leaflet is signed by: The number
POWELL, Mr. BRADEMAS, Mr. CAREY, Mr. may reach 400,000 by the end of the year. Industrial Workers of the World. May The draft call has been more than doubled Second Movement. Noe Valley Committee GIBBONS, Mr. WILLIAM D. FORD of Michand reserves are scheduled to be called or Against the War. Progressive Labor Party. igan, Mr. QUIE, Mr. GOODELL, and Mr. reclassified.
Students for a Democratic Society. Young BELL were appointed managers on the All this wouldn't be necessary if it were
Peoples Progressive Alliance-NAPA Junior part of the House at the conference. only to stop a handful of “foreign aggres- College. "
The message also announced that the sors" infiltrating from the north. The The docks are the last point from which House had disagreed to the amendments Vietcong could not have had the military war-supporting materials embark. The car- of the Senate to the bill (H.R. 10323) successes they have had unless the John- go is supposed to be loaded by ILWU long- making appropriations for military conson-backed regime in Saigon was opposed shoremen. At their international conven
tion last April, the union delegates passed a by the overwhelming majority of the people
struction for the Department of De
fense for the fiscal year ending June of South Vietnam. Washington knows this strong "get out of Vietnam” resolution which or they would not have gone to such lengths called, in part, for an "immediate cease-fire"
30, 1966, and for other purposes; agreed to prevent the free elections guaranteed by and the "withdrawal of all foreign troops to the conference asked by the Senate on the 1954 Geneva Agreement. (U.S. forces) from Vietnam.”
the disagreeing votes of the two Houses Johnson's call to the American youth: You'll be seeing more of us passing out thereon, and that Mr. SIKES, Mr. Mc"He told a group of students who visited these leaflets. If you agree with what we're FALL, Mr. PATTEN, Mr. LONG of Maryland, the White House that many of his ideas saying, we invite you to join us, talk to your Mr. MAHON, Mr. CEDERBERG, Mr. JONAS, came from students. He said he would like friends and demonstrate at piers where goods and Mr. Bow were appointed managers to see them develop as much fanaticism are being loaded for Vietnam.
on the part of the House at the conferas young Nazis did about their system during the war." From the New York Times,
Mr. President, the leaflet does not in- ence. February 6, 1965-early edition only.
cite violence and overt acts of inter- The message further announced that Everyone in this country must fight John- ference, but the result has been that in the House had passed the following bills son's efforts to drag us down this road to every instance when citizens and youths and joint resolutions, in which it rewar and destruction.
have responded to the call of the leaflet, quested the concurrence of the Senate: The student community alone cannot halt there has been physical interference with H.R. 7811. An act to authorize the sale or U.S. aggression. Workers must be organized the military forces of the United States. loan of naval vessels to friendly Latin Ameraround the issue of withdrawal of all U.S. forces from Vietnam. This will not be a
Such conduct and actions are deplor- ican countries, and for other purposes; able and should not be condoned. I be
H.R. 7812. An act to authorize the loan of short or simple task. Students and intel
naval vessels to friendly foreign countries, lectuals can provide the spark that could lieve in free speech. I believe in the right and for other purposes; lead to a worker-student alliance. Such an of peaceful assembly, but the actions I
H.R. 7813. An act to authorize the loan alliance would be a qualitative advance for have described constitute physical inter-of naval vessels to friendly foreign counthe peace movement in this country.
ference with the movement of person- tries; The war in Vietnam is against the inter- nel, equipment, and property of the mili- H.R. 8333. An act to amend title 10, United ests of workers. There are certain general tary forces of the United States, and are, States Code, to provide for the establishdie; their sons may die. In a nuclear war, security of our country. They must be gestions, inventions, or scientific achievewe all may die. Taxes will increase in proportion to the increasing escalation. Major stopped. My bill should have the early which contribute to the efficiency, economy, repressions are prevalent during a war situ- consideration and approval of Con- or other improvement of Government operation; strikes are forbidden; wage freezes, gress.
ations; Taft-Hartley, and Kennedy-Landrum-Griffith Mr. President, I ask unanimous con- H.R. 9022. An act to amend Public Laws Acts result.
sent that the bill may be allowed to re- 815 and 874, 81st Congress, to provide finanWe call for the formation of a broad, main at the desk for 1 week, for co
cial assistance in the construction and opunited front composed of students, workers, civil rights fighters, housewives, etc., to de- sponsoring by Senators who may feel eration of public elementary and secondary
schools in areas affected by a major disaster; mand the immediate withdrawal of all forces sympathetic to what I am proposing.
to eliminate inequities in the application of from Vietnam.
The PRESIDING OFFICER. With- Public Law 815 in certain military base closStudents and workers face a common out objection, it is so ordered.
ings; to make uniform eligibility requireenemy-ruling class imperialism. We are
ments for school districts in Public Law 874; going to approach workers and attempt to
and for other purposes; involve them along with students and other MESSAGE FROM THE HOUSE
H.J. Res. 403. Joint resolution authorizing segments of the community in direct action
an appropriation to enable the United States at the San Francisco docks.
A message from the House of Repre
to extend an invitation to the World Health The docks are the last point from which sentatives, by Mr. Bartlett, one of its Organization to hold the 22d World Health war-supporting materials embark. The cargo reading clerks, announced that the Assembly in Boston, Mass., in 1969; and
H.J. Res. 632. Joint resolution to authorize Mr. HART. Mr. President, a parlia- Symington Thurmond Williams, Del. the Administrator of General Services to mentary inquiry.
Young, N. Dak. enter into an agreement with the University The PRESIDING OFFICER. The
NOT VOTING–11 of Texas for the Lyndon Baines Johnson Senator from Michigan will state it. Bartlett Gore
Russell, Ga. Presidential Archival Depository, and for
Bennett Hickenlooper Tydings
Mr. HART. Do I correctly understand other purposes.
McCarthy Young, Ohio that the question on which we are about Fulbright McGee to vote is on agreeing to the first two
So the first two committee amendHOUSE BILLS AND JOINT RESOLU- committee amendments en bloc offered
ments were rejected. TION REFERRED OR PLACED ON by the Senator from North Carolina (Mr.
Mr. HART. Mr. President, I move to CALENDAR ERVIN]?
reconsider the vote by which the amend
The PRESIDING OFFICER. The The following bills and joint resolu- Senator is correct.
ments were rejected. tions were severally read twice by their
Mr. HRUSKA. Mr. President, I move The question is on agreeing to the first to lay that motion on the table. titles and referred or placed on the cal- two committee amendments en bloc. endar, as indicated:
The motion to lay on the table was On this question the yeas and nays agreed to. H.R. 7811. An act to authorize the sale or have been ordered; and the clerk will call loan of naval vessels to friendly Latin Amer- the roll.
The PRESIDING OFFICER.
The ican countries, and for other purposes;
bill is open to further amendment. H.R. 7812. An act to authorize the loan of
The legislative clerk proceeded to call the roll.
AMENDMENT NO. 425 naval vessels to friendly foreign countries, and for other purposes;
Mr. BENNETT (when his name was
Mr. PROXMIRE. Mr. President, I call H.R. 7813. An act to authorize the loan of called). Mr. President, on this vote I up my amendment No. 425 and ask that naval vessels to friendly foreign countries; have a pair with the Senator from Iowa it be made the pending business. and [Mr. HICKENLOOPER). If he were pres
The PRESIDING OFFICER. The H.R. 8333. An act to amend title 10, United ent and voting, he would vote “nay." If amendment of the Senator from Wisment of a program of cash awards for sug- "yea." I withhold my vote. States Code, to provide for the establish- I were at liberty to vote, I would vote consin will be stated.
The legislative clerk proceeded to read gestions, inventions, or scientific achievements by members of the Armed Forces which
The rollcall was concluded.
the amendment. contribute to the efficiency, economy, or other
Mr. PROXMIRE. Mr. President, I ask
Mr. LONG of Louisiana. I announce improvement of Government operations; to that the Senator from Alaska (Mr. unanimous consent that further reading the Committee on Armed Services.
BARTLETT), the Senator from Idaho (Mr. of the amendment be dispensed with, H.R. 9022. An act to amend Public Laws CHURCH], 'the Senator from Tennessee and the amendment be printed at this 815 and 874, 81st Congress, to provide financial assistance in the construction and op[Mr. GORE), the Senator from Wyoming point in the RECORD.
The PRESIDING OFFICER. Without eration of public elementary and secondary [Mr. MCGEE), the Senator from Georgia schools in areas affected by a major disaster; [Mr. RUSSELL), the Senator from Mary- objection, it is so ordered. The amendto eliminate inequities in the application land [Mr. TYDINGS], and the Senator ment will be printed in the RECORD. of Public Law 815 in certain military base from Ohio (Mr. Young) are absent on
The amendment offered by Mr. PROXclosings; to make uniform eligibility require- official business.
MIRE is as follows: ments for school districts in Public Law 874;
I also announce that the Senator from On page 2, strike out all in lines 14 and 15, and for other purposes; to the Committee on Labor and Public Welfare.
Arkansas [Mr. FULBRIGHT) and the Sen- and insert in lieu thereof the following: H.J. Res. 403. Joint resolution authorizing ator from Minnesota (Mr. MCCARTHY] member of a league to operate within a spean appropriation to enable the United States are necessarily absent.
cifically defined geographic area, if that to extend an invitation to the World Health I further announce that, if present and league by rule requires that all revenues deOrganization to hold the 22d World Health voting, the Senator from Wyoming (Mr. rived by all member teams from the radio and Assembly in Boston, Mass., in 1969; to the McGEE], the Senator from Georgia (Mr. television broadcasting of contests and exCommittee on Foreign Relations.
H.J. Res. 632. Joint resolution to authorize RUSSELL), the Senator from Maryland hibitions of such teams be divided equally the Administrator of General Services to en[Mr. TYDINGS], and the Senator from among all such member teams; or”.
On page 3, strike out all in lines 7–9, inter into an agreement with the University Ohio [Mr. Young] would each vote clusive, and insert in lieu thereof the folof Texas for the Lyndon Baines Johnson “nay."
lowing: Presidential Archival Depository, and for Mr. KUCHEL. I announce that the "SEC. 2. As used in this Actother purposes; placed on the calendar.
Senator from Iowa [Mr. HICKENLOOPER] “(1) The term “persons' means any indi
is necessarily absent and his pair has vidual, partnership, corporation, or unincorAPPLICATION OF THE ANTITRUST been previously announced.
porated association, or any combination or
association thereof; and
The result was announced-yeas 29, LAWS AND THE FEDERAL TRADE
“(2) The term 'league' means an associanays 60, as follows:
tion composed of two or more teams engaged COMMISSION ACT TO ORGANIZED PROFESSIONAL TEAM SPORTS
(No. 244 Leg.]
in a professional team sport which by agree
ment have adopted, accepted, or placed in
YEAS-29 The Senate resumed the consideration
effect rules promulgated by that association Bass Hartke
Proxmire of S. 950, to make the antitrust laws and
for the conduct of such teams and the regBayh Hill
Randolph the Federal Trade Commission Act ap- Byrd, Va.
ulation of contests and exhibitions in which Holland
those teams regularly engage." plicable to the organized professional Byrd, W. Va. Jordan, N.C.
Long, La. Russell, S.C. team sports of baseball, football, basket- Eastland McClellan Sparkman
Mr. PROXMIRE. Mr. President, I ask ball, and hockey, and to limit the appli- Ellender McGovern Stennis
unanimous consent that the names of cability of such laws so as to exempt cer
Monroney Williams, N.J. the Senator from Montana [Mr. MET
Gruening Montoya Yarborough tain aspects of the organized professional
CALF] and the Senator from New HampHarris
Nelson team sports of baseball, football, basket
shire (Mr. MCINTYRE] be added as co
NAYS-60 ball, and hockey, and for other purposes.
sponsors of the amendment.
The PRESIDING OFFICER. Without fore the yea-and-nay vote on the pending
objection, it is so ordered. amendment, I suggest the absence of a
Mr. PROXMIRE. Mr. President, I ask
for the yeas and nays on the amendment. The PRESIDING OFFICER. The Burdick
The yeas and nays were ordered. clerk will call the roll.
Mr. PROXMIRE. Mr. President, the The legislative clerk proceeded to call Case
Kennedy, N.Y. Pastore
amendment would modify subsection the roll.
3 of section 1 of s. 950, which grants
major league baseball and other profesProuty
Long, Mo. unanimous consent that the order for the Curtis
Magnuson Saltonstall sional sports an exemption from antiquorum call be rescinded.
trust laws by allowing teams “the right The PRESIDING OFFICER. Without Douglas
Dominick MoIntyre Simpson
to operate within specific geographic objection, it is so ordered.
This exemption permits exclusive ter- That is why there can be teams in other The explanation continuedritorial franchises for teams, including cities which are relatively small. It is The fourth exemption relates to the presthe sale of television and radio rights. not necessary to have a huge metropol- ervation of public confidence in the honesty
My amendment would permit profes- itan area in order to have a team, so of sports contests. Provisions for discipline sional sports' leagues to grant territorial long as the local fans will support it, of players and clubs by fines, suspensions rights only if that league by rule re- when TV revenues are pooled and equally and other penalties by a league or club offiquires that all revenues derived by mem- divided.
cial * * * are essential for the maintenance
of public confidence in sports. ber teams from radio and television Mr. DOMINICK. In the case of footbroadcasting of contests *** be di- ball, how are revenues divided? Are I have no quarrel with any of the vided equally among all such member they divided equally among all teams, areas of exemption or with the committeams.”
proportionately to their gate, or how is tees' explanation of the need of them. I am strongly opposed to this bill it accomplished?
It is clear—and extensive hearings by without my amendment because it would Mr. PROXMIRE. The revenues are
the committee have shown this conclusign a death warrant for major league divided equally among the teams.
sively—that exemptions are necessary if baseball in Milwaukee. It would seri- Mr. DOMINICK. That is the proposal professional teams sports are to continue ously weaken the chances for survival in that the Senator from Wisconsin sets to operate under the league concept of cities with limited television and radio forth in his amendment?
organization. marketing areas, such as Kansas City,
Mr. PROXMIRE. The Senator is cor- My amendment does no injury either Washington, Pittsburgh, Cleveland and rect. That is what my amendment pro- to the purpose of the bill as stated in the Cincinnati. vides.
committee report or to the justification This bill, without my proposed amend
Mr. DOMINICK. I thank the Sen- for the third exemption contained in the ment, is likely to give great encourage- ator.
report. Senators will recall that the rement to baseball owners to move from
Mr. PROXMIRE. Mr. President, other port said that the purpose of the prosome of their present established loca- cities with major league teams face a posed legislation was to place all profestions.
similar situation and still others who sional team sports "on an equal antiIt will prevent still other cities wishing wish to attract teams will confront it too. trust footing and then to grant exempto attract baseball teams in the future
In short, without my amendment, the tions relating to the essential sports from any realistic possibility of ever hav- Hart bill will inadvertently write into law practices as opposed to the business ing major league baseball.
a situation that threatens major league practices of the sports involved.” All of this is because the bill would baseball in some cities and forever blocks This purpose is even more clearly permit teams exclusive rights to operate it in others.
spelled out in the conclusion of the rein specified geographic areas, including
I used the move of the Braves as an port, which states, in part, that: television and radio rights. example because it is current, because
It (the committee) feels further that the Broadcasting revenues have become
I am familiar with it, and because it is public interest is best served by keeping the such an important part of the profit pic
a classic example of the need for the business aspects of the team sports involved ture for all professional sports, and this amendment I propose, and not because within the antitrust laws while the essential is especially true with major league base
I expect to be able through amending sports activities are exempted. ball, that the TV and radio marketor defeating the bill to keep the Braves
It seems clear that by applying the terin Milwaukee. not local fan support-is becoming the
ritorial rights concept to the sale of teledetermining factor in where a team
Before going into a justification for vision and radio rights and granting a locates.
my amendment and further elaboration blanket exemption without some regulaThe proposed move of the Milwaukee
on the points already made, it is neces- tion, the committee has violated its own Braves to Atlanta is a case in point. For
sary to describe the Hart bill in greater purpose.
detail. the 12 years the Braves have played in
The committee appeared to recognize Milwaukee-1953 through 1964—Braves'
The purpose of S. 950, according to this in its discussion in the report on the attendance topped every team that the report of the Judiciary Committee, third exemption when it said: stayed in one city during that period, “is to place the organized professional
team sports of baseball, football, basket- to restrict geographic areas in which their including the New York Yankees.
The third exemption permits the leagues The team is being taken out of Mil
ball, and hockey on an equal antitrust member teams operate. This exemption is waukee despite this strong fan support
footing and then to grant exemptions necessary to provide financial stability because television revenues in the south
relating to the essential sports practices through preservation of the "live gate" and eastern section of the country promise as opposed to the business practices of to give each of the leagues geographic bal
ance. to be enormous.
the sports involved.” The bill would provide that kind of To accomplish this, the proposed
But by failing to deal with TV and jurisdictional, geographic monopoly, so
sports bill places all professional sports radio rights, this exemption would, that it would be possible for a team to
under antitrust laws and then provides through disparity of TV revenues, do know that it could be guaranteed a mar
four broad exemptions, which relate to: just the opposite. ket, not merely in one State or two States The equalization of competitive playing
Dan Topping, president of the New but, in this case, in many, many States.
strengths, the employment, selection, or York Yankees, pointed out in testimony Milwaukee's television market is lim
eligibility of players, or the reservation, before the Judiciary Committee that the ited almost entirely to the State of Wis
selection or assignment of player con- Yankees would continue to obtain more consin because it is hemmed in on all
tracts, the right to operate within revenue through the sale of the team's sides—by Chicago teams on the south,
specific geographic areas, the preserva- TV and radio rights locally, not through the Minnesota Twins on the north and
tion of public confidence in the honesty a pooling arrangement in network pack. west, and by Lake Michigan on the east. of sports contests.
age deals. This is because New York Mr. DOMINICK. Mr. President, will
The Judiciary Committee, which re
commands such a huge radio-TV market the Senator yield? ported out S. 950 favorably, gave, in
area. Mr. PROXMIRE. I am happy to yield part, the following explanations for the
Topping indicated that the Yankees to the distinguished Senator from Colo- exemptions:
had to take in more money, because the rado.
These (first two exemptions) permit the team's salaries and expenses are double Mr. DOMINICK. I merely wished to use of the draft system and the reserve
those of any other American League clause in addition to regulations restricting ask the Senator from Wisconsin whether
team. Topping and Frank Stanton, professional football pools its TV and
the employment, selection and assignment
president of CBS, which recently purradio remuneration.
siders these exemptions as necessary to chased the Yankees, called my pooling Mr. PROXMIRE. Yes, indeed. I am maintain competitive equality among mem- arrangement as grossly unfair and inhappy that the distinguished Senator ber clubs and leagues in various sports. equitable from the Yankees' point of from Colorado asked that question. Pro- The third exemption permits the leagues view. fessional football does pool its revenues. to restrict geographic areas in which their
This is precisely the point. By failing Incidentally, that is one of the reasons member teams operate.
to equalize radio and television revenues, why we have a team in Green Bay, Wis. And that is what I would amend. the Hart bill would guarantee that the
Yankees and one or two other teams years ago, before television came into the Mr. PROXMIRE. The public reason could continue henceforth to dominate picture, and it was not nearly so much given by the club owners is that they felt the leagues. Under such an arrange- the decisive reason 10 years ago as it is that fan attendance had declined. The ment, the teams with lucrative TV and today. But in the future it is going to attendance
attendance at Milwaukee was down radio revenues would continue to enjoy be overwhelmingly the determining somewhat in 1962. It was down in 1963. their extra income from this source. factor unless the kind of amendment I It was below a million, but close to a milSo, instead of providing “stability and am proposing is adopted.
lion, in 1964. But the Braves owners esgeographic balance," the third exemption The determining factor will have timated the team did not make money, would grant an unequal, not equal, nothing to do, I suppose, with whether a and the owners felt that they can make chance for victory for teams like the city has supported its team or will sup- more money in Atlanta. Yankees.
port it. It will be whether or not the
Over the years, good and bad, MilwauTelevision and radio rights are not team can move into a more profitable kee has averaged a far better attendance mentioned in the Judiciary Committee territory.
than any other city. report, as if such revenues were mere The section to which the Senator from Mr. PEARSON. I agree with the Senincidental revenues.
Kansas refers relates to guaranteed geo- ator. I shall support his amendment. The fact is, however, that the sale of graphic protection, geographic franchise, Baseball, in its dual capacity of comthese rights have assumed immense pro- and geographic monopoly.
mercial and public interest, involves a portions in recent years and the trend Mr. PEARSON. In all the discussions, great many other considerations than is still upwards.
in all the pronouncements made by team television and radio revenue. MuniciFrom that standpoint, it is the posi- owners and officials as to the moving of palities throughout the country float tion, it seems to me, that we would have franchises from city to city, has television bond issues to erect stadiums. Huge considered, possibly, in 1922, instead of and radio money ever been given as a great public and private investment has 1965. What a vast difference television reason for moving? In truth and in fact, been made by many people in cities and revenue has made in the meantime. have not all pronouncements and all counties all across the country.
Television Age, a TV trade magazine, rationalizations been on the basis of Mr. PROXMIRE. The Senator is corpointed out this remarkable growth in general attendance from city to city? rect. its February 1965 issue.
Mr. PROXMIRE. The Senator makes Mr. PEARSON. This puts baseball in In 1956, when some 860 games were a good point. Those who have tried the public interest and the public aired—and this was only 9 years ago— realistically to analyze moves such as the domain. $6.2 million was spent for rights and an- proposed move from Kansas City and Mr. PROXMIRE. This is an imporother $6 million was spent for air time proposed moves from other cities, includ tant point. I am delighted the Senator and facilities.
ing the move from Milwaukee, soon to raised it. By 1964—last year—the numbers had take place, recognize that this is the real Milwaukee County built a beautiful grown to 975 games, $16 million for factor. This is it. To my knowledge,
To my knowledge, stadium, at a cost of $8 million. It rights, and another $35 million for TV though, the owners have not admitted it. would now cost from $16 to $17 million time and talent.
It is clear that the moves are being to duplicate it. The March 1, 1965, issue of Broadcast made to where the TV money is. Teams It was built obviously for the sole reaing magazine estimated that the rights are not moved from cities like Milwaukee son of providing a home for the baseball to major league baseball climbed to $25,- to smaller cities like Atlanta for any team. This would be worth a great deal. 310,000 for 1965.
other reason. Milwaukee has a higher There are a few football games we can Mr. President, just consider that. per capita income than Atlanta.
play, a few exhibition games, and one or Since 1956 television rights have grown Milwaukee has turned out more fans two gigantic conventions can be held from $6 million to $16 million last year. than any other city in the last 12 years, there. However, throughout the year it This year they will be $25 million. It is so there is no reason to move the Mil- would be vacant and idle under the proclear, on the basis of all experience and waukee team to another city unless there posed legislation. of all knowledge of what is happening in is a strong financial reason for doing so. Mr. PASTORE. Mr. President, will television broadcasting and the lucrative There is a controlling reason for doing the Senator yield? aspects of the business, that in a very so. Television receipts in Wisconsin are Mr. PROXMIRE. I yield. short time television revenues will domi- limited and will be from now on. If tele- Mr. PASTORE. I have a great amount nate baseball's gross receipts. They will vision pooling is lost the possibility of of sympathy with what the Senator is substantially exceed the gate receipts. having a Milwaukee team is nil. In At
In At- trying to accomplish. I question whether There is no question about it.
lanta there is not that problem to worry we would not be setting a bad precedent. If this factor is ignored, as it is in the about. What is of importance is the Nonetheless, I think the rationale that present bill before us, there will be a ability to reach into Florida, Georgia, the Senator uses is that, because broadgross disparity and a disproportionate Alabama, North Carolina, South Caro- casting plays such an important part in distribution of revenue among teams. lina, and other Southeastern States. the prospects of organized baseball, beThat will result in imbalance, and a few This is the reason for the move by the fore a person could receive an exclusive teams will then dominate baseball and Braves to Atlanta.
franchise, he would have to more or less destroy it.
This amendment is not intended to make an arrangement whereby there Mr. PEARSON. Mr. President, will block the move of the Braves from Mil- would be an equal sharing of the telethe Senator yield?
waukee to Atlanta. In all probability, vision fees. Is that a correct statement? Mr. PROXMIRE. I yield to the Sen- they are going to move. They have Mr. PROXMIRE. The Senator is ator from Kansas.
signed a contract. Unless the present correct. Mr. PEARSON. Do I correctly under suit which has been filed by the State Mr. PASTORE. If that is so, why not stand that the point the Senator from of Wisconsin and Milwaukee County is split, on an even basis, even the gate Wisconsin is now making relates to the supported in the courts, the Braves are receipts? Where would we end? exemption as to territorial franchise going to move.
Mr. PROXMIRE. The argument of rights? While I understand the Senator Mr. PEARSON. Would the Senator the Senator from Wisconsin is that the to agree that that ought to be a part of say what reason the club owners give for television receipts are not related to conthe bill, he still feels that the television moving the franchise from Milwaukee trol, or fan, or local support. Television and radio money derived is the real es- to Atlanta?
receipts are a result of the accident of sence of why baseball clubs move from Mr. PROXMIRE. The only reason, in the team being located in a place in place to place. Is that the point the my judgment, and the only one I can which there is a large area covering seySenator makes?
understand and that makes sense, is that eral States which has no other baseball Mr. PROXMIRE. I believe the Sena- they can obtain a very lucrative—and I team. The receipts will result entirely tor makes the point well. While I be- mean very lucrative—television contract. from the protection we are writing into lieve that is the essence of why they move Mr. PEARSON. What is the public the law today, not from any effort on the now, it was not, of course, the reason reason given by the club owners?
part of the owners.