A Well-Paid Slave

by Brad Snyder

  86 They protected: Reynolds v. Sims, 377 U.S. 533 (1964) (“one person, one vote” in state legislative districts); Engel v. Vitale, 370 U.S. 421 (1962) (church and state); New York Times v. Sullivan, 376 U.S. 254 (1964) (constitutional libel standard); Gideon v. Wainwright, 372 U.S. 335 (1963) (right to counsel for indigent felony defendants); Bell v. Maryland, 378 U.S. 226 (1964) and Cox v. Louisiana, 379 U.S. 536 (1965) (civil rights demonstrators).

  86 not a gifted writer: Dan Levitt interview.

  86 He circulated: Van Tassel, “Justice Arthur J. Goldberg,” 91-92, in Lowe, ed., The Jewish Justices of the Supreme Court Revisited. Goldberg published the memorandum in a law review article. Goldberg, “Memorandum Conference Re: Capital Punishment—October 1963 Term,” 27 South Tex. L. Rev. 493 (1986).

  86 Goldberg made his views: Rudolph v. Alabama, 375 U.S. 889 (1963) (Goldberg, J., dissenting from the denial of certiorari).

  86 The law clerk: Goldberg and Dershowitz later wrote two articles on the un-constitutionality of capital punishment. Goldberg and Dershowitz, “Declaring the Death Penalty Unconstitutional,” 83 Harv. L. Rev. 1773 (1970); NYT, 1/16/71, E15.

  86 In Griswold v. Connecticut: 381 U.S. 479, 486 (1965) (Goldberg, J., concurring).

  86 He wrote: Escobedo v. Illinois, 378 U.S. 478 (1964).

  86 Goldberg reveled: NYTM, 8/8/65, 62.

  86 three-piece suit: Peter Edelman interview.

  86 “He was happy”: Breyer, “Clerking for Justice Goldberg,” Supreme Court Historical Society 1990 Yearbook, 4.

  86 “three years”: Goldberg, A Private View of a Public Life, 195.

  87 “The [labor] secretary’s”: Kahn, “ ‘I’m not discouraged either. Got it?’ ” Saturday Evening Post, 1/29/66, 86.

  87 Goldberg and his wife: Goldberg, A Private View of a Public Life, 148-50.

  87 John Kenneth Galbraith: “Summary of Conversation with Arthur Goldberg,” 2-4, Box 5, Office of President Files, LBJ Library; Galbraith, A Life in Our Times, 456-57; Parker, John Kenneth Galbraith, 420.

  87 Goldberg later denied: In his memoirs, President Johnson gave credence to those rumors by claiming that Goldberg was “restless” on the Court and sought out the UN position. Johnson, The Vantage Point, 543-44. Goldberg was so angry over the memoir that he called Johnson on the phone and said he never wanted that untruth repeated again. Goldberg-LBJ Oral History, 1-2, LBJ Library; Goldberg, A Private View of a Public Life, 193. He also lashed out at the untruths about him in the president’s memoir in a public statement. WP, 10/27/71, A10. His denials about being bored on the Court began almost from the moment he resigned. Raskin, “A Conciliator Goes to the U.N.,” NYTM, 8/8/65, 62.

  87 While Goldberg waited: Goldberg-LBJ Oral History, 2; Goldberg, A Private View of a Public Life, 193-94; WP, 10/27/71, A10.

  87 attorney general: Goldberg-LBJ Oral History, 1; WP, 10/27/71, A10.

  87 “I’m not”: Goldberg, A Private View of a Public Life, 194. For a similar account of the Valenti-Goldberg confrontation, see Goldberg-LBJ Oral History, 2. These accounts are confirmed by contemporaneous notes, probably Valenti’s, of a White House conversation with Goldberg. The notes say: “He is happy on the Court, but if the President wants him in UN, he will do it.” “Summary of Conversation with Arthur Goldberg,” 1.

  87 In the Oval Office: Raskin, “A Conciliator Goes to the U.N.,” NYTM, 8/8/65, 10.

  87 Two days later, Goldberg: “Summary of Conversation with Arthur Goldberg,” 3; WP, 7/21/65, A1; Raskin, “A Conciliator Goes to the U.N.,” NYTM, 8/8/65, 10.

  87 During the plane ride: Peter Edelman interview; Goldberg-LBJ Oral History, 1-2.

  88 Finally, Johnson appealed: Dan Levitt interview; Murphy, Fortas, 170-71; WP, 8/2/65, A15. Goldberg denied that the vice presidency was a factor in his decision. Kahn, “ ‘I’m not discouraged either. Got it?’ ” Saturday Evening Post, 1/29/66, 87.

  88 That night: Peter Edelman interview; WP, 7/21/65, A1.

  88 aged him 30 years: Barbara Goldberg Cramer once went looking for her father in 1967 on the floor of the UN General Assembly and did not even recognize him—his hair had turned completely white. LAT, 1/20/90, A1.

  88 “a lawyer with 116 clients”: Kahn, “ ‘I’m not discouraged either. Got it?’ ” Saturday Evening Post, 1/29/66, 87.

  88 Syndicated columnist Joseph Alsop: WP, 8/2/65, A1.

  88 In cabinet meetings: Goldberg-LBJ Oral History, 2-9.

  88 On April 23: Typewritten remarks to the Cabinet, Goldberg Papers, Box I:33, Folder 12 (attached to Dorothy Goldberg Journal Entry, 4/23/68); Letter from Goldberg to Johnson, 4/23/68, Goldberg Papers, Box I:48, Folder 2.

  88 Two days later: Letter from Johnson to Goldberg, 4/25/68, Goldberg Papers, Box I:48, Folder 2.

  88 It was not a warm: NYT, 4/29/68, 1, 3.

  88 “I don’t want”: Typewritten remarks to the Cabinet, 2, Goldberg Papers, Box I:33, Folder 12.

  89 Although Goldberg denied: Goldberg-LBJ Oral History, 19; Peter Edelman interview; Dan Levitt interview.

  89 Ten days before; “nothing later”: Dorothy Goldberg Journal, 3/21/68, 1-3, Goldberg Papers, Box I:33, Folder 10. Warren apparently also told William Brennan that he wanted Brennan as his successor but knew that would never happen. Schwartz, Super Chief, 720.

  89 Goldberg knew: Dorothy Goldberg Journal, 3/21/68, 2, Goldberg Papers, Box

  I:33, Folder 10. 89 Syndicated columnist Drew Pearson: Goldberg-LBJ Oral History, 19; Dorothy Goldberg Journal, 6/27/68, 15-16, Goldberg Papers, Box I:176, Folder 2.

  89 Johnson told; “I’ll ask him”: Dorothy Goldberg Journal, 6/27/68, 15-16, Goldberg Papers, Box I:176, Folder 2.

  89 $20,000-a-year lifetime salary: Kalman, Abe Fortas, 323-24. The salary was not just for Fortas’s lifetime but also that of his wife.

  89 Goldberg had turned down: Goldberg, A Private View of a Public Life, 197-98; WP, 5/21/69, A2.

  89 recess appointment: Goldberg-LBJ Oral History, 19.

  90 On December 11, 1946, Mikan: CT, 12/12/46, 59.

  90 Mikan, who was pursuing: CT, 12/13/46, 39; Mikan, Unstoppable, 74; Mikan, Mr. Basketball, 46; Peterson, Cages to Jump Shots, 160.

  91 The day after: CT, 1/21/47, 24. Mikan’s personal attorney, Stacy Osgood, was a partner in Goldberg’s law firm, Goldberg, De Voe, and Brussel. Goldberg, however, mostly took the lead in arguing Mikan’s case.

  91 As proof : CT, 1/17/47, 26.

  91 The Cook County judge: CT, 1/29/47, 25; CT, 1/31/47, 24. The following season, the American Gears pulled out of the NBL, and Mikan’s contract was assigned to the Minneapolis Lakers. The NBL merged with the Basketball Association of America (BAA) in 1949 to form the NBA. Peterson, Cages to Jump Shots, 162, 166.

  91 Thanks to the Mikan case: Miller, A Whole Different Ball Game, 188.

  91 A former Wrigley Field: Stebenne, Arthur J. Goldberg, 5.

  91 Goldberg saw the need: Miller, A Whole Different Ball Game, 188.

  91 Goldberg regarded; “an important case”: TT, 183:22-184:3 (Miller); Miller, A Whole Different Ball Game, 189.

  91 “Arthur Goldberg for”: Miller, A Whole Different Ball Game, 189.

  91 Goldberg’s giveaways: Jay Topkis interview.

  92 A few days after Flood: Miller, A Whole Different Ball Game, 190 (placing the meeting around December 15); TT, 110:2-13 (Flood) (recalling meeting Goldberg with Miller and Moss in mid-December).

  92 Flood was nervous: Allan Zerman interview; Flood, The Way It Is, 194.

  92 his gray and white; The blond wood: Allan Zerman interview; Esquire, 9/70, 146; Village Voice, 3/12/70, 13.

  92 “When he talks”: SGD, 1/24-25/70, 3E.

  92 Goldberg put; “I won’t be treated”; “All right”; “the most famous”: Flood, The Way It Is, 194.

  92 Incensed: Typewritten transcript of meeting with Kuhn, 12/14/69, 2, in Flood, The Way It Is, 221.

  92 Sportswriters attended: TSN, 12/6/69, 40.

  93 Miller clued in: Marvin Miller interview.

  93 book about the
best letters: Grunwald and Adler, Letters of the Century, 493-94.

  93 Miller and Moss wrote the letter: Marvin Miller interview; Dick Moss interview; Miller, A Whole Different Ball Game, 190 (indicating that he and Moss “worked on the letter with Curt and reviewed it with Arthur, and Curt signed it”). Flood, however, claimed during trial to have written it. TT, 130:2-11 (Flood). Moss also claimed to have written it. Dick Moss interview.

  93 “The idea that”: NYT, 2/12/67, 183.

  93 For Goldberg: Miller says the idea for the letter was Goldberg’s. Marvin Miller interview. Flood, however, had mentioned the idea of the letter in Puerto Rico. Handwritten Meeting Notes, 12/13/69, 9. This might not be inconsistent given that Miller met with Goldberg prior to the Players Association meeting in Puerto Rico.

  94 He had told: Handwritten Meeting Notes, 12/13/69, 9.

  94 “I’m free, black”: Marvin Miller interview; Miller, A Whole Different Ball Game, 190.

  94 the two-paragraph: Miller, A Whole Different Ball Game, 190.

  94 Fear swept through: Curran, “Curt Flood and the Baseball Revolution,” LA Weekly, 4/1-7/94, 17.

  94 Dear Mr. Kuhn: TT, 29A.

  95 Flood’s letter miffed: Bowie Kuhn interview; Kuhn, Hardball, 80-82.

  95 The commissioner had met: “Discussion with Commissioner Kuhn at the Executive Board Meeting of December 14, 1969,” MLBPA files, in Flood, The Way It Is, App. A, 219-36.

  95 Kuhn attributed: Kuhn, Hardball, 80-82.

  95 Indeed, Kuhn’s legal advisers: Lou Hoynes interview.

  95 He had even confided: PT, 12/30/69, 15.

  95 “I feel”: TT, 104:25-105:2 (Flood).

  95 Quinn’s secretary: NYP, 12/30/69, 77.

  95 Like the commissioner: PEB, 1/6/70, 49.

  96 His first memories: Kuhn, Hardball, 15.

  96 He started: TT, 644:6-13 (Kuhn).

  96 His first Social Security card: Kuhn, Hardball, 15. For background information on Kuhn, see Kuhn, Hardball, 12-17; NYT, 2/6/69, 45; Leggett, “The Big Leagues Select a Fan,” SI, 2/17/69, 16-17; Deford, “Heirs of Judge Landis,” SI, 9/30/74, 94, 96.

  96 At Theodore Roosevelt: Kuhn, Hardball, 14; NYT, 2/6/69, 45; Deford, “Heirs of Judge Landis,” SI, 9/30/74, 96.

  96 In September 1950, he joined: Kuhn, Hardball, 16-17; Deford, “Heirs of Judge Landis,” SI, 9/30/74, 96.

  97 Shortly after joining: Kuhn, Hardball, 18-19.

  97 “What does”: Ibid., 18.

  97 Along the way: Ibid., 19.

  97 Kuhn earned: Lou Hoynes interview; State v. Milwaukee Braves, Inc., 144 N.W.2d 1 (Wis. 1966).

  97 Kuhn and his colleagues conceded: Lou Hoynes interview.

  98 Agreeing on the result: State v. Milwaukee Braves, Inc., 144 N.W.2d 1 (Wis. 1966).

  98 “Bowie Kuhn is”: Lou Hoynes interview.

  98 Miller’s first impression of Kuhn: Marvin Miller interview; Miller, A Whole Different Ball Game, 74-76.

  98 Five months later: Kuhn, Hardball, 75-77.

  98 “pedantic”: Ibid., 76.

  99 Kuhn’s Willkie Farr partners: Lou Hoynes interview.

  99 “the shadow commissioner”; “Bowie Kuhn’s brains”: Helyar, Lords of the Realm, 110.

  99 Kuhn was a compromise: Holtzman, “Expansion, Canadian Club, Feature 1968,” 185-89; Kuhn, Hardball, 31-36; Burke, Outrageous Good Fortune, 282-84; MacPhail, My Nine Innings, 111-13; Helyar, Lords of the Realm, 97-99.

  99 He was a leading force: Snyder, Beyond the Shadow of the Senators, 177-80, 214-15. Landis supposedly blocked Bill Veeck’s attempt to buy the Phillies in 1942 and stock the team with black players. See A Well-Paid Slave, 183, 407.

  100 He declared outfielder: Pietrusza, Judge and Jury, 349-51, 364, 367.

  100 Browns owner Phil Ball: Milwaukee American Ass’n v. Landis, 49 F.2d 298 (N.D. Ill. 1931).

  100 Landis also freed: Lowenfish, The Imperfect Diamond, 120-21.

  100 The commissioner crusaded: The numbers vary slightly depending on the source. Compare TSN, 4/7/38, 7 (91 Cardinals) and CT, 1/15/40, 17 (87 Cardinals and 5 Tigers) with TSN, 1/18/40, 1 (91 Tigers) and Lowenfish, The Imperfect Diamond, 121-22 (91 Cardinals and 91 Tigers).

  100 “the game’s upright”: Smith, The Red Smith Reader, 119.

  100 “the ultimate stuffed”: Kuhn, Hardball, 275.

  100 “any act, transaction”: Major League Agreement, Art. I, sec. 2(a). For the power to punish, see Art. I, sec. 2(b) and (3).

  101 He won praise: NYP, 2/26/69, 88, 85; Miller, A Whole Different Ball Game, 166-67.

  101 He talked Donn: Kuhn, Hardball, 45-50.

  101 “Baseball”: Axthelm, “Let’s Make a Deal,” Newsweek, 11/15/82, 96.

  101 In late May, the owners: NYT, 5/25/69, sec. 5, 1, 3.

  101 Dear Curt: TT, 30A, 135:22-24 (Flood).

  102 After Kuhn finished: WP, 12/31/69, D2; TT, 135:22-24 (Flood).

  102 He then released: SPD, 12/31/69, 1C.

  102 The next day: NYT, 12/30/69, 42; NYP, 12/30/69, 80, 77. Koppett said he had learned about Flood’s lawsuit on December 2 when Miller sent all the players an MLBPA bulletin. TSN, 1/17/70, 33. In truth, however, he had learned about the lawsuit a few weeks earlier from Miller. Marvin Miller interview.

  102 “Run along, sonny”: PI, 12/31/69, 27; WP, 1/2/70, D6.

  102 “I think the owners”: WP, 1/3/70, 54; PI, 1/4/70, sec. 3, 5.

  CHAPTER SEVEN

  Page

  103 Cosell, who saw: Cosell, Cosell, 379.

  103 “I don’t think”: “Curt Flood,” ESPN SportsCentury; NYP, 1/4/70, 143.

  104 “It’s been written”: “Curt Flood,” ESPN SportsCentury.

  104 “A well-paid slave”: Ibid.; NYDN, 1/4/70, 143.

  104 “If people think”: NYDN, 1/4/70, 143.

  104 “through”; “We’re just like”: Ali, “I’m sorry, but I’m through fighting now,” Esquire , 5/70, 120-21; “The Black Scholar Interviews: Muhammad Ali,” Black Scholar, 6/70, 33; Early, “Curt Flood, Gratitude, and the Image of Baseball,” 10-11.

  104 “Pro football is a silly”: NYT, 5/30/70, 28.

  104 “What is wrong”: Meggyesy, Out of Their League, 212; Dave Meggyesy interview.

  105 “Like a fugitive-slave”: Ward, “Is the Base-Ball Player a Chattel?” Lippincott’s Monthly, 8/1887, 312; Di Salvatore, A Clever Base-Ballist, 189, 192-93.

  105 “system of servitude”; “the purchase”: American League Baseball Club v. Chase, 86 Misc. 441, 465, 149 N.Y.S. 6, 19 (1914).

  105 “results in something”; “possesses characteristics”: Gardella v. Chandler, 172 F.2d 402, 409 (2d Cir. 1949) (Frank, J., concurring).

  105 “if the players”: Ibid., 410.

  105 During the 1960s: “Needed—Abe Lincoln of Baseball,” Ebony, 4/64, 110; Olsen, “In the Back of the Bus,” SI, 7/22/68, 28; Early, “Curt Flood, Gratitude, and the Image of Baseball,” 9-10.

  106 At least one member: Bill Iverson interview.

  107 Zerman and Max Gitter: Allan Zerman interview.

  107 “Sometimes money’s”: SGD, 1/6/70.

  107 The owners received: Marvin Miller interview; TT, 1942:24-1943:5 (Miller); TT, 1610:17-18 (Gaherin).

  107 “I just wanted”: TT, 1942:8-10 (Miller).

  107 Miller realized: Ibid.; Marvin Miller interview.

  108 “Baseball Is Sued”: NYT, 1/17/70, 1.

  108 “the reserve clause is part”: NYDN, 1/4/70, 143.

  108 “chaotic results”; “Without the”; “impossible”; “Professional baseball”: Press statement of Major League presidents Joseph E. Cronin and Charles S. Feeney, 2, Curt Flood TSN file; TSN, 1/31/70, 35; NYT, 1/18/70, sec. 5, 1, 2; WP, 1/18/70, C1.

  108 “highly paid star”; “permitted players”: Press statement of Major League presidents Joseph E. Cronin and Charles S. Feeney, 1, Curt Flood TSN file; NYT, 1/18/70, sec. 5, 1.

  109 Two days later, Miller charged: WP, 1/20/70, D1; NYDN, 1/20/70, 67; NYT, 1/20/70, 36; TSN, 1/31/70, 36.

  109 “Curt Win”: NYDN, 1/1
8/70, 128.

  109 In the New York Times, Leonard Koppett: NYT, 1/18/70, sec. 5, 2.

  109 “occupie[d] a judicial position”: NYDN, 1/4/70, 143.

  109 “I could not communicate”: Kuhn, Hardball, 83.

  109 “You mean”; “If you want”: Flood, The Way It Is, 197.

  110 On January 8, Phillies: TT, 128:19-129:22 (Flood).

  110 Flood announced: Ibid.; SGD, 1/9/70, 1B; WP, 1/10/70, E1.

  110 “Is it true”; “You have a terrible”: Flood, The Way It Is, 197.

  110 In one of his few public: PEB, 1/8/70, 23; PDN, 1/8/70, 49.

  110 “What age”: TT, 1896:10-13, 1894:12-16 (Miller); Jim Bouton interview; Dick Moss interview; Marvin Miller interview; Miller, A Whole Different Ball Game, 193.

  110 There was some subsequent: TT, 1893-96 (Miller); TT, 1627:12-1628:24 (Gaherin).

  110 “disturb the entire”: TT, 1894:21-24 (Miller).

  111 “That’s exactly what”: NYT, 1/21/70, 50; WP, 1/21/70, D2.

  111 “at least $100,000”: TT, 107:12-108:14 (Flood); Allan Zerman interview; PI, 1/21/70.

  111 “Curt Flood isn’t helping”: NYDN, 1/18/70, 113.

  111 “That’s where I stop”: PEB, 12/31/69, 18; SPD, 1/4/70, 3D.

  112 “Flood may become”: PDN, 1/23/70, 59.

  112 Broeg had bristled: Bob Broeg interview.

  112 “not a matter”; “If the legality”: SPD, 1/25/70, 2B.

  112 Burnes made no secret: SGD, 1/6/70, 2C.

  112 “inside and out”; In reality: Flood, The Way It Is, 91-93.

  113 “He was reading”: Hemingway, Across the River and into the Trees, 155.

  113 Smith despised: Berkow, Red, 203.

  113 racial issues; remained silent: Ibid., 108-9; Red Smith interview, 31-34, Chandler Collection.

  113 “borderline racist”: Robert Lipsyte interview.

  113 But in November 1968: Ibid.; Berkow, Red, 185-93; NYT, 11/3/68, 90.

  113 He introduced readers: WP, 1/2/70, D6; WP, 2/8/70, 43; PI, 2/8/70, sec. 3, 5.

  113 “Curtis Charles Flood”: WP, 1/2/70, D6.

  113 “because Flood earned”: WP, 2/8/70, 43.

  113 “just a fancy name”; “It is pretty late”: LAT, 1/21/70, C1, C6; SGD, 1/26/70, 3C; TSN, 2/7/70, 45.

  114 There were a few others: Flood, The Way It Is, 198.