Wail of Two Cities

Time was when Indians used to tie the legs of a captive to separate bent saplings, then let the trees spring erect to tear the poor fellow in two. Last week modern Braves were in a legal quandary that could have the same sapling effect. Although a Georgia superior court has ordered baseball's National League Braves to play their 1966 games in Atlanta, a Wisconsin circuit court ordered the team to make plans to continue playing in Milwaukee.

Milwaukee and the Braves have known friendlier times. When the team moved out of Boston 13 years ago because of dwindling attendance, it got a rewarding reception in its new home--until it began playing the way it had in Boston. Then attendance dropped from a high of 2,215,404 in 1957 to 910,911 in 1964, and the club owners* decided to move where the gross was greener.

Unless Signals Change. Widespread press accounts reported that the deal with Atlanta was made informally as early as 1963, and the owners finally admitted publicly that they planned to move for the 1965 season. Angry Milwaukeeans pointed out, among other things, that there was still a year to go on the Braves' contract to play in the city's County Stadium. So the team spent last season there, and was bothered by only 555,584 paying visitors.

The owners hung on, happy in the knowledge that they had firm new contracts in Atlanta and no more commitments in Milwaukee. But Milwaukee had other ideas. Last August, Milwaukee County joined the State of Wisconsin in charging the Braves and the other nine teams in the National League with illegally and monopolistically conspiring to deprive Milwaukee of its major-league franchise. The state also filed a separate suit in federal court, arguing that the U.S. Supreme Court should override its previous decisions exempting big-league ball from the Sherman Antitrust Act.

The federal suit has not yet been ordered to trial, but the Wisconsin state court was moving more quickly. So in a countermove, Fulton County, which includes Atlanta, filed a suit of its own in Georgia superior court, requesting that the Braves be enjoined to fulfill their contracts in Atlanta. In December, the Georgia court issued a temporary injunction, and since the league has told the Braves to obey, there is little doubt that the injunction will become permanent next week when a final order is due.

Contemplated Horror. Wisconsin Circuit Judge Elmer Roller is unimpressed. Although the Braves have already moved lock, stock and bat rack to Atlanta, he ruled last week that his court still has jurisdiction. The question before him, he pointed out, is whether or not the move violated Wisconsin law. Only a trial can provide an answer, and he wants the Braves around to play if the trial goes against them. "Pending further order of this court," he said, the Braves and the rest of the league should prepare themselves to do one of two things: either keep the Braves in Milwaukee, or expand the league so that another team can play there.

Braves' owners looked down on their spread-eagled, neither-here-nor-there position, briefly contemplated the horror of being ordered to play in two cities and not being able to play anywhere, and quickly announced they would honor the directives of the Atlanta courts. It may not be so simple. If they lose in Wisconsin, the Braves and the rest of the National League would be vulnerable to a substantial damage award that might then be enforced by courts in other National League states. The courts of at least one of those states can surely be counted on to give its fellow state a hand. The U.S. Supreme Court may finally have to provide a solution, but by that time, even a seven-game World Series might be over.

* William C. Bartholomay, John J. McHale, Thomas A. Reynolds Jr., John J. Louis Jr., Delbert W. Coleman, James B. McCahey Jr., Daniel C. Searle and Louis R. Perini.

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