1959-04-11 — Page 16

Pago 16

THE CHINA MAIL, SATURDAY, APRIL 11, 1959,

THE FOOTBALL LEAGUE STARTS A CAMPAIGN AGAINST CHARGES OF "SLAVERY.' HALF A CENTURY

AGO GEORGE KINGABY SUED ASTON VILLA, AND THERE WAS DRAMA IN THE HIGH COURT AS A.

Judge throws out plea by a Soccer slave

ON January 5, 1910, the Professional Footballers' Union made an extraordinary decision. Of 160 applicants they appointed an amateur international to be their paid secretary.

Exactly a year later Mr A. S. (Sidney) Owen, this amateur from, Leleester Pusse FC, sat in the union's dingy office at Manches ter, struggling with such problems us why his members could not wear TUC badges on their football jerseys. Then he opened a Becret file.

On it was written "Kingaby Case-Statement of Claim." This was the beginning of a squabble between players and tir, Football League which even today, 48 years later, shows no sign of ending and silil carries with it a hint of litigation,

Tus

Q

Tilak Bowyers hari been

-al "elange of Lenght into the suvel. And wide" fully supported by un the morning of March 26, | reference to the case in the off- 1912, elatiesing vals art down cial history of the Football at the Law Courts strange

i

League: "At a conference (be- collection of barristers, font- | tween the League and counsel) ballers, and League and trade Mr Sherman explained hla union officials.

dimenity, whereupon he was bluntly told that he clearly had not ged the transfer scheme and, as he himself phraged it, did not understand applying it."

For that day shrewd, little Cockney outside-right, George Kinguly, war suing Aston Villa, richest and most powerful club In the land. His general com- plutnt?

the law

The League certainty didn't stand any nonsense, from low- yess or anyone else. Nor does it Lexky!

That he was a Boccer alavo. in the crowded cat=200m, waiting for Mr Justice Law- rence to arrive and a special

Shearmen W23 on Oxford jury to be sworn in, were some Rugby Blue and a champlon uf the

distinguished" sprinter. must

He was to go down gjortsmen of the Corinthiin age.

in sporting literature JES the

No

ABOUT FACE

J. L. MANNING

Recalls How Rugby Blue Thwarted Players' Union

SUTCLIFFE ...

...his was the master mind behind the de- feat of the Players' Union In the High Court in 1912.

by the lawyer. The union was given permission to play а match between their English and Scottish members to derrny Kingaby's law b to Aston

Nominate YOUR

Hongkong Footballer Of The Year

Members of the public' are invited to nominate Hongkong's Footballer of the Year for the current season.

It is a popularity poll organised by the China Mail, and nomination coupons will be accepted until the closing date to be announced later.

•

orc:

The two qualifications for nomination

(1) Footballing prowess.

(2) Sportsmanship on the field of play.

Nominations should be addressed to Villa, But there was a row even the Editor, China Mail, Wyndham Street.

about that,

As for Me Shearman, he left the law courts with his ar around the shoulders of the triumphant Mr Sutellite. “What chance have Burnley of winning promalion to the Second Divi- sion?" asked the K.C.

Mr Sutcliffe replied: "We chall win that, too, this season." But Mr Sutcliffe had made his Arst and only mistake that day of the Kingaby: case. As for Aston Villa, they celebrated the terous." It threw Kingaby uiet following Saturday by beating

Manchester United 8-0.

of work entirely.

Mr Justice Lawrence: The algamation closed the market, is that what you are saying?— Yes, my union have always been against the transfer system be cause it makes. the players the slaves of the clubs. Kingaby's caso

going well.

LEGALITIES

the High Court. But the almo-that Aston Villa had paid Clap-THEN football fled from the

ם

sphere was tense. Professional ton Orient £300 for his transfer. football In those days WOB even more controversial business than it is tuday. Players were fighting for union recognition. The League were fighting the FA and their own members drawing as much as £1,000 year in fines from rebel clubs.

Jetball historian who to pro-MR

VILLA OFFER

Rawlinson

There was laughter when Mr Rawlinson explained at his client was not #success ot Villa Perk

"apparently m'ord, he did not get on

too well with his partner on wing."

the

court and

legal arguments held the field. submitted there was no case Mr Shearman

for the jury because the plaintif had taken the curious course of bringing an action of con- spiracy ogainst only one of the parties.

The object of the transfer system was to prevent players being freely panched by the

highest bidder and It was not In restraint of trade.

To the Editor, China Mail,

My nomination for Hongkong's Footballer of the Year, taking into necount his playing nullity and his sportsmanship on The field of play Ix:

of the,

(Signed)

Club.

Weekend Softball Preview

DEPLETED BRAVES SQUAD FACE. FULL-STRENGTH SAINTS

+

IN SENIOR CRUCIAL MATCH

By OLLY VAS

In the matter of good fortune, or if you prefer a more candid opinion,

On April 20 Aston Villa minuted a decision to offer Kingaby, back to Clapton for or to sign him avithout £150, opened the agreement about midweek case. Kingaby, he said, was

matches point of importance In business, but had his em- to Kingaby because he had to work during the week Clapton viving form of primitive football ployer's permission to play foot- TL-

bali on that they set up a committee of Holidays. In 1908 he was play-

Saturdays and Bank refused the offer and by the end

of April no offer of re-engage done maliciously did not create a Through generalship of the highest order they managed to postpone early inquiry to rebut this silght,

TO presence Was more

than that of the markable KC., Mr Montague Shearman, who

was later to become t Judge.

To the consternation of the Players Union, Shearman led the defence for the club. Some time before he had been asked by the union for an opinion in another cuse, and he had said that, in he view, players' com- tracts were "contrary to low."

-

But when the League askeri him to defend Aston Villa, Mr Charles Sutcliffe, Burnley colleitor and next to the lounder of the League the

mat its history. iktential gare in swept aside his embarras merit, lectured him on the law and the transfer system, and persuaded' him tu accept the brief.

voked Old Rugbelans by saying their school's game was a sur-

who

One result of that Inquiry was the first appearance of the imaginative legend of Willium Webb Ellis "first picked up the ball and ran." This was to preserve the traditions of Tom Brown's old school, although the author of that book, lawyer like Sheerman, could not be drawn the story.

to support

CONFIDENT

Mir C. for Kingaby was A. P. J. P. Hawlinson, who had played for Old Etonians in three Cup Finals. He was con- #dent of victory that morning In

THE HONG KONG JOCKEY

11TH RACE MEETING

CLUB.

Saturday 11th and Saturday 18th April, 1959.

(To be held under the Rules of the Hong Kong Jockey Club) THE PROGRAMME WILL CONSIST OF 20 RACES

The First Bell will be rung at 1.30 p.m. and the First Race rap af 2,00 pm, on both days,

The Secretary's Office. at Alexandra House will close at 11.45 sm, on both days.

MEMBERS' ENCLOSURE

HEKLEIN. No person without an admission: badge which must be

prominently displayed throughout the meeting will be admitted,

Admission Budges at $10.00 each per day are obtainable from „he-Club's Cash. Swoop Offices, at Queen's Huilding, Chater-Road,

3 ̈D'Agullar" Street and 382 ̈ Nathan Road only on the written. Introduction of a Member.

ADMISSION BADGES WILL NOT BE AVAILABLE AT THE RACE COURSE ON RACE DAYS.

Tuffins will be obtainable at the Club House if ordered in advance from the No. 1 Boy (Tel. 72011),

NO CHILDREN under the age of seventeen years, Western Standard will be admitted to the Club's premises during the Meeting.

PUBLIC ENCLOSURE

The price of admission will be $3.00 each por day payable at the Gate

Any person leaving the Enclosure will be required to pay the requisite fee of $3.00 in order to gain re-admission.

MEALS and REFRESHMENTS will be available in the RESTAURANT.

CASH SWEEPS

Through Cash Sweep Tickets at $20.00 each per day and $40.00 for both days may be obtained from the Cash Sweep Offices at Queen's Building. (Chater Read), and 5, D'Agullar Street during office hours.

Tickets reserved and available but not paid for by 10.00 am. on Friday, 10th April, 1859, will be sold and the reservation concelled for future Meetings.

Special Cash Sweep Tickels on the Hong Kong Derby scheduled to be run on 2nd May, 1959, at $2,05 cach may be obtained from the Club's Cash Sweep Offices at:--

Queen's Building (Chater Road) and 5, D'Aquilar Stroof, Hong Kong Đ

Weck-days, Mondays to Fridays Baturday 4th April

Baturday 11th and Saturday 18th

April

am..to pan.

9 a.m, to 12.30 pm.

9 m, to 11 m

King's Road, North Point, Hong Kong and 303 Nathian Road, Kowloon on:-

Week-days, Mondays to Fridays Saturday 4th April

Saturday 11th and Saturday 18th

April

Hong Kong, 4th April, 1959;

10 am to 4 pm

́am, to 11.45 mm.

5 nin: 10. 1 Et

By Order of the Blawards,

A, E, ARNOLD,

Secretary

to

ing professionally for Claptonment had been made to Orient In the Second Division Kingaby by the Villa, and he of the Football League. He was thought he was free

play approached by Aston Villa on elsewhere. March 7 to play for them until the end of the season for £4 a week, and a signing-on bonus of C10. He did not know then

MEL CHARLES

IN ARSENAL

COLOURS

Mel

For his first game for Arsenal just week, Charles, king-alzed broiler of Juventus's John, turned out for the reserves since his transfer came too lato. for him to play for the Grst team this season,

Immaculately he led Bla red-and-wille shirled team to a - victory over Charl- ́ton reserves, and repaid Pope of his British record transfer fee by attracśing 10,663 spectators, twice MARY KA-NOTmally turn out 'to watch the second' team.

Photo here shows. AOI Charles Loading, his new team out onto the High- Dary pilch-London press News.

JUSTIFIED

ما

May 5 Kingaby received an offer of £3 10s, per week to play for Fulham, which he ac- cepted, and of £4 per week from Aston Vill. Aston Villa complained the Football that Association

he had not accepted their terms, but the Association decided that he was Justified in what he had done, So he played for Fulham, a non- Lengue club who, therefore, could not be compelled to pay Aston Vilo anything for hts transfer.

Even if the transfer fee was malicious, the law said, that if a legal act was carried out in a legal way the fact that it wen

cause of action. FurtherINUTE.

1נם

the Trade Dispute Act of 1600 pui

end to the action because the Aston Villa club were members acling in concert. with a trades union, the Foot- ball League,

in the matter of pulling strings behind the scenes you've got to hand it to the Saints,

in the season, their first-round softball match against the Braves. Then they were singled out for special blessings from the gods for rain washed out their game against a fighting-fit Seminoles nine when the Joeys could raise only a scratch side.

Tomorrow afternoon the Car-

Mr Rawlinson replied that it And now to cap it all the

One must face facts and the are overshadowed by the im was an implied term of the Braves take the field this Sun-facts are that the Saints will portance attached to the Senior players' contract that the uns day at 11 am against their be out in full strength. If they league's biggest match of the fer fee should be reasonable. In arch-rivals, without the services play the type of championship reason. fact, it was prohibitive and a of stalwarts Erie "Goto" Re-ball they are capable punishment

of I do for niedios, namesake "Junior" and not hesitate to pick them dinals clash with the Stordusts on Klugaby going to Fulham.

Tony Osmund, on infield A group of lawyers in the

trio winners. They have depth in which has done sterling work defence, bunters that Kingeby's, case court felt

for them before. was beginning. to crack. And when the court adjourned until the next day most were saying that he stood to lose.

The legal arguments went on next morning. Mr Justice Law- rence appeared to be taking the view that Aston Villa's motive was not material to the argu- meat, and he finally ruled that the case should not go to the

This was

part of his

By 1909 Kingaby's volue as a footballer had declined. but when there Wop an "amalga- mation" between the Football League and clubs in the South- ern League, such is Fulham, he į jury. found that he was still on Judgment: Aston Villa's retained' list of players at The "purely malicious" transfer fee of £350 which would prevent him play- ing for any other club,

"The fact that the defendents put on a fee that was too high does not give the player a cause for action, They have a right to fx the fee, and that it may have Mr Rawlinson concluded with been EL wrong fee is not this summary of his case: "The evidence of malicious Intent. course which has been adopted is not actionable to exercise a is on legal combination in re right with a wrong motive. siraint of trade, and Aston Villa There was justification in the wwe-heted unfairly and malcontract for the club acting as clously in putting this excessive they did. price on Kingaby's head."

Hila petion, was thus, to,cialm damages for less of employmcat and he was alleging sptracy.

con-

CLIMAX

a

no

galore, long The former's Senny Machado ball hitters and the 'big matchst surely be considered as u temperament to sce them strong candidate, in this year's has given the Saints

This combination of factors through. If they do win they M.V.F. voting by virtue of his

great will still have to get past the standout they enter into the fray with psychological advantage and Seminoles and the Pandas. tremendous confidence for amount of team juggling by the opposition can compensate for the absence of these three key men. You can therefore expect a capacity crowd nt King's Park to witness the big game in which the Braves are now considered as underdogs.

Only Weak Spot

performances on the mound Ho tossed a no-hitter against the Stardusts carlier and hla team-mates should band manager On the other Ed Carvalho will have to rely notch up another cany victory: oh the strong BEI of Vie apart from getting a great deal Pedruco and that

from watching clusive of satisfaction

Machado claim his hundredtli quality-determination.

sirikeout vletim to set a new high in Junior softball.

The choice

of a

The Dlumiones should wir at against the Overseas in another Latter match- the

receiver for Pedruco is a difficult sultable

onc.. The only candidate the moment is Dick Chaves. Junior Of course the Braves still have show up. Frankie Correa, Budji Dhakher, the Saints, manager Tony Guterres, Henry Hussain, Ablong will probably rely on the Remedios "boys Carlos, and j Salleh and Georgs Ribeiro BS

For

and Chapple,

Withdrawing

Gerald vaa It is understood that the the starting battery. The in- Langenberg in

support

but University, ladles propose, with- field will be made-up of Dave the switching of positions drawing from the Endles Leonard at first, Arturo Ozorio automatically meatis streng-league. If so, the Hurricants can x-count on registering a walkover

Sunday morning,

nt second, Benny Omar at third thening one spot at the

Inne PC Wong at shortstop pense of another,

The only weak spot there, is at

amalgamation of the two could certainly use a mán Odds Against Bravòs Sainta affair, at 2.00 p.m. the

sole Wong's

the

the allegation that the

short-stup where the Saints Leagues was a fortuos com Claude Pugli SAD STORY spiracy, my view is that the

policy was to stop the Alching claim to this position is EORGE KINGABY, a dark of players by one club from Power of his batting for he is Whatever the composition of

haired bright-eyed little another and to extend the area high up in the race for the in-

dividual batting tile

side, one tlding 18 man, told his own sad story in } of_restrain) to the South.”

and has sure. Having once beaten evidence. When Mr Shearmon

Bir Justice Lawrence did not been hitting consistently in the Joeys by 0-3 the rose to cross-examine tüm it | deat with other legale Usues past few games,

the

be

Following the Braves virsu UZ TEKN Seminoles play the Fundas in an eight-inning affair., the extra The starting line-up in there-

one being the continuation of fore matter for conjecture. the Arst match which was abruptly halted in the sixth in- thening and which led to the * rather frivolous Braves will lodging of was clear that the little foot which had been raised, such a The outfield is well patrolled the very decreas victory the late starting time for the.

determined to repeat protest by the. Pandas involving baller had captured the sym- whether or not the League was by Meme Xavier at left, LC. means the Senior League title pathy of the court.

a trade union. He had said Poon at centre and A.G. Ismail outright. why didn't you go to the enough, and dismissed the action at right with uulities in the Football Board of Appeal? fie with costs against Kingoby. Was asked. Because, Ankt The enso had fizzled, out. Kinguby, people who hod op- If there were Soccer slavery it pealed to the always found had not been proved. It The decision of the League Mun- agement Committee upheld. "I considered It useless.”

in

game.

The Seminoles are favoured

to take this game without form of veterans Sherry Bucks The Saints enjoy an edge in raising a sweat. and Jock Brown, Jock Collaco deface but

t The final game of the day the hitting and A. K. Temat

department Bio Braves con 3.30 p.m. sees the South China a disconsolate group of foot- It is a well-known fact that too. The odds are against the against the raw Matadors team. boast of some heavy artillery, ladies, this year's champions up ballers and union officials who

the Saints always rise to the

Braves taking left the court wondering how heights when the chips are Mr A. S. Owen, secretory of they could pay the costs.

Eventually the Players'. Union, said the

benevolently transfer fee of £360, later' re- | ed duced to

ikum £300, was 'propos-them

POP-Littery Tupe

E64

this one but I An overwhelming victory for down and desplie the reshunted for one would not mind having the girls from Caroline Hill is return team they will be facing they this prediction proved wrong!

rescue can expect some stim opposi-

other Kamer left tion.

lato insignificance since they

football

the

to wreck

CAUGHT

*YERL RED

DON'T TALthe

ANDRD

MAT

RUBBISH

LOOK

TRYING TO DO ME

OUT OF MS

JOB

By Gog

predicted: They will thus be the only team in the three pale leagues to completo their fix-

tures without a single defcat.

Whatever your sport