Judge Landis has done a great deal of good, but if he wants to retain the confidence and respect as a judge, he must divorce himself from the flesh pots of illegal combinations.

I want to keep the baseball sport clean, so the people will continue to support it. But you can not maintain the sport when you permit the players to throw the game and the baseball magnates to throw our judiciary.

You dare not permit even illegal combinations to tamper with our judiciary by subsidizing them with an additional salary in order to give these combinations a bath so they will again gain the confidence of the public.

On March 3, 1917, the Sixty-fifth Congress passed an act which, in part, provides that "No Government official or employee shall receive any salary in connection with his services as such official or employee from any source other than the Government of the United States."

I, therefore, impeach said Kenesaw M. Landis for high crimes and misdemeanors and charge said Kenesaw M. Landis as follows:

First. For neglecting his official duties for another gainful occupation not connected therewith.

Second. For using his office as district judge of the United States to settle disputes which might come into his court as provided by the laws of the United States.

Third. For lobbying before the legislatures of the several States of the Union to procure the passage of State laws to prevent gambling in baseball, instead of discharging his duties as district judge of the United States.

Fourth. For accepting the position as chief arbiter of disputes in baseball associations at a salary of $42,500 per annum while attempting to discharge the duties as a district judge of the United States which tends to nullify the effect of the judgment of the Supreme Court of the District of Columbia and the baseball gambling indictments pending in the criminal courts of Cook County, Ill.

Fifth, For injuring the national sport of baseball by permitting the use of his office as district judge of the United States, because the impression will prevail that gambling and other illegal acts in baseball will not be punished in the open forum as in other cases.

Wherefore said Kenesaw M. Landis was and is guilty of misbehavior as such judge and of high crimes and misdemeanors in office.

Gentlemen, on the 13th day of November, 1920, the papers of the country carried startling headlines, and I am reading only the headlines of one of those papers, the New York Times, which says:

Baseball peace-Declared Landis named dictator-Chicago jurist is appointed a one-man court of last resort for major leagues-Club owners compromise, adjust points of difference in three hours' conference-Landis retains old postStays on the bench while accepting $42,500 salary in new position-A sevenyear arrangement.

The same paper carried comments on pages 12 and 15 of the 17th day of November, also page 2 of November 21, and page 19 of November 29. I am simply referring to these matters, showing that not only one paper, but all the papers carried these matters, so that it was a commonly known fact that he had entered into this arrangement. The January number of the Baseball Magazine, in an editorial comment, said this:

The Chicago grand jury, which exposed the crookedness of the world's series of 1919, has terminated its proceedings. It performed for baseball a conspicuous service and has earned the ungrudging thanks of every true lover of the national sport. The fact that it uncovered dishonesty in players who had long enjoyed the public respect must be deplored. But, as Ban Johnson told the writer in a recent interview: "A man does not look to discover that he has a cancer; but having discovered it, nothing remains but to cut it out."

An unseen cancer had eaten into the very vitals of the game. The Chicago grand jury exposed this cancer, but it did far more. It removed the infected spot and by its heroic treatment, let it be hoped, made any recurrence of the disease improbable, if not impossible.

Then, on the same page, in an editorial of the same magazine, there is this statement:

The war clouds which loomed close on the baseball horizon have happily blown away. Just as the tempest seemed about to break and involve the whole baseball structure in an era of unknown perils the better judgment of the 16 club owners triumphed over their factional differences and led them to adopt a compromise.

The unanimous selection of Judge Landis as supreme arbiter of baseball is not, technically at least, an adoption of the Lasker plan. Neither is it an adoption of the plan put forth by Ban Johnson, although, as quoted in last month's issue of the Baseball Magazine, Mr. Johnson stated as his opinion that one man could restore public confidence as well as three. Rather the present system of baseball government is a combination of the two.

Mr. WALSH. Are you offering these interviews as proof of these charges?

Mr. WELTY. I am offering them simply as a preliminary; that is all, so that we may know how to proceed to procure the evidence and what the facts are, and for the purpose of showing that it was generally known that he was made arbiter. I am coming to the contract later on. I will say this, for the benefit of the committee, I attempted to procure a certified copy of the original contract.

The Literary Digest of December 4, 1920, carried this language: Just as it began to look like a prosperous winter for the attorneys and others who profit through large legal wrangles, the great baseball war ended abruptly, and Judge Kenesaw Mountain Landis took his stand in the midst of the battle field, monarch of all he surveyed. The judge, in the words of W. O. McGeehan, sporting editor of the New York Tribune, "has been given the complete supervision of professional baseball."

That is on page 46, and the next one is on page 48, and this is a statement to the public by Judge Landis :

I have accepted the chairmanship of baseball on the invitation of the 16 major-league clubs. At their request and in accordance with my own earnest wishes, I am to remain on the bench and continue my work here. The opportunities for real service are limitless. It is a matter to which I have been devoted for nearly 40 years. On the question of policy all I have to say is this: The only thing in anybody's mind now is to make and keep baseball what the millions of fans throughout the United States want it to be.

The New York Herald is quoted in the Literary Digest as saying this:

The New York Herald in an editorial that may be accepted as generally typical of editorial feeling toward baseball's new supreme arbiter, hails the judge's appointment in this fashion:

"Judge Kenesaw Mountain Landis, of the United States District Court in Chicago, intends to stay on the bench at a salary of $7,500 a year while acting as arbiter of disputes in the major baseball leagues at a salary of $42,500."

I am in receipt of a letter from Edward J. Ader, one of the attorneys of the Chicago bar, in which, in part, he says:

On Friday, November 12, 1920, Kensaw Mountain Landis, judge of the District Court of the United States for the Northern District of Illinois, Eastern Division, accepted in addition to his office as judge, at a salary of $7.500 a year, the position of chairmanship or high commissioner of baseball at a salary of $42,500. The following morning there appeared in the newspapers of Chicago, a formal statement to the public, over the judge's signature, in these words:

"I have accepted the chairmanship of baseball on the invitation of the 16 major-league teams. At their request, and in accordance with my own earnest wishes, I am to remain on the bench and continue my work here. The opportunities for real service are limitless. It is a matter to which I have been devoted for nearly 40 years."

Mr. HUSTED. Would it not save a good deal of the committee's time if we got down to a statement of the jurisdictional facts instead of getting so much of this other matter

Mr. WELTY. Yes; I am closing that part of it right now.

Then, on the 3d of February, 1921, I addressed a letter to Judge Landis requesting from him a certified copy of the contract and asked him under what authority he entered into that contract. I have had no reply and I am offering that letter. I also sent him a copy of the resolution I introduced the previous day and I ask that that be made a part of the record, without reading it.

(The letter and resolution follow :)

Judge KENESAW M. LANDIS,

Federal Building, Chicago, Ill.

FEBRUARY 3, 1921.

DEAR JUDGE LANDIS: Inclosed find resolution introduced by myself requesting opinion of the House whether or not action, in their judgment, should be taken in the matter of your contract with organized baseball. Have been informed that you had authority under law to enter into this contract, but have been unable to find the same.

Will you be kind enough to send me a certified copy of this contract and under what authority the same was entered into so that I might submit the same for the consideration of the House?

Sincerely, yours,

BENJAMIN F. WELTY.

[House Resolution 665, Sixty-sixth Congress, third session.]

Whereas it is alleged, and common fame has made the facts known, that Kenesaw M. Landis, United States judge for the Northern District of Illinois, entered into a contract to act as an arbitrator in all maters of difference in organized baseball at a salary of $42,500 per annum; and Whereas said Kenesaw M. Landis was, at the time he so entered into said contract and still is, one of the district judges of the United States, to wit, the Northern District of Illinois, and was then, and still is, drawing a salary of $7,500 and expenses per annum, payable monthly out of the Treasury of the United States: Therefore be it

Resolved, That the Committee on the Judiciary be authorized to send for persons and papers, administer oaths, take testimony, and otherwise inquire into the facts and report what, if any, action in their judgment should be taken by this House.

Now, let me take up the contract. I do not know whether you care for me to read it or know what the contract was, but the February number of Baseball is supposed to have that contract.

The CHAIRMAN. What are the general terms of contract?

Mr. GARD. I think we would be interested in that. What is the contract? Is it very long? Can you read it?

Mr. WELTY. Yes; I can read it:

Agreement between the National League of Professional Baseball Clubs and each of its eight constituent clubs of the one part, and the American League of Professional Baseball Clubs and each of its eight constituent clubs, of the other part.

ARTICLE I-THE COMMISSION.

SECTION 1. The office of commissioner is hereby created.

Mr. GARD. I thought it was an agreement with Landis.

Mr. WELTY. It is an agreement with Landis. It is an agreement among themselves appointing Landis as the first arbitrator. Mr. DYER. Does Landis sign that contract?

Mr. WELTY. I do not know whether Landis signed the contract or not, but section 6 says:

The first commissioner under the agreement shall be Kenesaw M. Landis. Upon the expiration of his term, or upon his resignation or death during his term his successor shall be chosen by a vote of the majority of the clubs comprising the two major leagues.

Mr. IGOE. Let us have read just what the agreement is. Is it very long?

Mr. WELTY. No; it is not very long.

Mr. GARD. Read what he has to do.

Mr. IGOE. That is what we want to know.

Mr. WELTY (reading):

SEC. 2. The functions of the commissioner shall be as follows:

(a) To investigate either upon complaint or upon his own initiative, any act, transaction, or practice charged, alleged, or suspected to be detrimental to the best interests of the national game of baseball, with authority to summon persons and to order the production of documents; and, in case of refusal to appear or produce, to impose such penalties as are hereinafter provided.

(b) To determine, after investigation, what preventive, remedial, or punitive action is appropriate in the premises, and to take such action either against major leagues, major league clubs, or individuals, as the case may be.

(c) To hear and determine finally any dispute between the major leagues which may be certified to him for determination by the president of either major league.

(d) To hear and determine finally any dispute to which a player is a party, or any dispute concerning a player, which may be certified to him by either or any of the disputants.

(e) To formulate, and from time to time announce, the rules of procedure to be observed by the commissioner and all other parties in connection with the discharge of his duties. Such rules shall always recognize the right of any party in interest to appear before the commissioner and be heard and the right of the presidents of the two major leagues to appear and be heard upon any matter affecting the interests of the major leagues, or either of them.

SEC. 3. In the case of conduct. detrimental to baseball by major leagues, major league clubs, officers, employees, or players, punitive action by the commissioner may in any case take the form of a public reprimand. In the case of a major league or club the commissioner may impose a fine not exceeding $5,000 for any one offense. In the case of a major league club, punishment may extent to temporary deprivation of representation in joint meetings held under this agreement. In the case of any official or employee of a major league or of any major league club, punishment may extend to suspension or removal. For such conduct a player may be declared by the commissioner temporarily or permanently ineligible to play for any club which is a party to this agreement.

SEC. 4. In the case of conduct detrimental to baseball by organizations not parties to this agreement, or by individuals not connected with any of the parties hereto, the commissioner may pursue appropriate legal remedies, advocate remedial legislation, and take such other steps as he may deem necessary and proper in the interests of the morale of the players and the honor of the game. SEC. 5. The commissioner shall hold office for seven years and shall be eligible to succeed himself. His compensation shall be $50,000 per annum.

SEC. 6. The first commissioner under this agreement. shall be Kenesaw M. Landis. Upon the expiration of his term, or upon his resignation or death during his term, his successor shall be chosen by a vote of the majority of the clubs composing the two major leagues. In the event. of failure to elect a successor within three months after the vacancy has arisen, either major league may request the President of the United States to designate a commissioner, and the person when thus designated shall thereupon become commissioner with the same effect as if named herein.

ARTICLE II-THE ADVISORY COUNCIL.

SECTION 1. The advisory council is hereby created, to be composed of the commissioner and the president of each of the major leagues. In case of a division

of opinion within the council the decision of the commissioner shall in all cases be controlling.

SEC. 2. The advisory council shall forthwith submit to the major leagues the following proposals for adoption:

(a) Rules to govern the playing of the world's series games.

(b) Rules to regulate all other contracts between the major leagues and all matters in which the major leagues have an interest.

(c) Rules to determine the relationships between players and clubs and between clubs and clubs in all cases which concern players or their contracts, a standard form of player's contract, and such other formal documents as may from time to time be deemed desirable.

SEC. 3. The advisory council may from time to time propose to the major leagues amendments to any of the foregoing rules, regulations, or standard forms.

SEC. 4. The advisory council shall recommend to the major leagues from time to time the clerical and administrative expenditures necessary and proper for the discharge of the commissioner's duties.

ARTICLE III. THE SECRETARY-TREASURER.

SECTION 1. The commissioner shall appoint a secretary-treasurer, who shall hold office during the pleasure of the advisory council. His duties shall be such as the council shall from time to time determine. His compensation shall be

fixed by the council, subject to the approval of the major leagues.

ARTICLE IV.-UNIFORM RULES.

SECTION 1. Any rules, regulations, or standard forms proposed as above by the advisory council shall, upon formal acceptance by the major leagues, become binding upon them and shall not thereafter be amended except by the concurrent action of both major leagues. The authority of the commissioner to determine finally a disagreement between major leagues shall extend to the case of a disagreement over a proposed amendment.

SEC. 2. Amendments to rules, regulations, or standard forms shall, after they have become operative, be subject to further amendment only as provided in section 1 of this article.

ARTICLE V.-JOINT MEETINGS.

SECTION 1. At all joint meetings of the two major leagues and of their constituent clubs the commissioner shall preside.

SEC. 2. Upon all questions of an interleague nature, or in any matter coming up in a joint meeting of the two major leagues, the roll shall be called, and after voting by clubs in each league if there shall be a division, then the American League shall cast one vote and the National League another vote. Should these two votes be at variance, then the commissioner shall cast the deciding vote. There shall be no appeal therefrom.

SEC. 3. Joint meetings of the major leagues and of their constituent clubs may be called by the commissioner upon reasonable notice, and shall be called by him upon such notice whenever he is thereunto requested in writing by the president of either of the said leagues.

ARTICLE VI.-FINANCES.

SECTION 1. The expenses of the advisory council, including the salaries of the commissioner and of the secretary-treasurer, shall be paid by the major leagues, except to the extent that funds sufficient for the purpose are derived from games conducted under the auspices of the council.

SEC. 2. The major leagues and each of their constituent clubs shall, upon the demand of the council, contribute, share and share alike, to meet any deficiency of revenue remaining after the application to expenses of all funds properly applicable thereto.

ARTICLE VII.-SUBMISSION TO JURISDICTION OF COMMISSIONER.

SECTION 1. The major leagues and their constituent clubs severally agree to be bound by the decisions of the commissioner and the discipline imposed by