Tuesday, May 31 – 1898
The record has been closed by Sheriff Maconochie in the Edinburgh Sheriff Court in an action by Robert Gray, sawyer, 14 Eyre Place, against the Heart of Midlothian Football Club, Tynecastle.
The claim is for £30 of wages, at the rate of £2 per week from January 22 last to close of football season – viz, April 30 – 1898, and the pursuer alleges that he was engaged at the end of the previous season as a professional football player from the date of signing to the April 30 – 1898, and, that he was registered by the Scottish Football Association as a Heart of Midlothian player.
He was accordingly prohibited from playing for any other football club except with the consent of the defenders. He avers that he received a letter dated January 14, purporting to dispense with his services, but the pursuer maintains that, owing to a compensation of £20 being required by the defending club, he could not get employment with another club, which, but for that condition, he would have been able to get.
He denies that he accepted his transfer or dismissal, and he requested the secretary of the Heart of Midlothian Club to modify or waive the condition. To that letter the reply was that if the club he wished to be transferred to was a Scottish League club the transfer money could not be reduced.
The club, in their defences, maintained that the Scottish Football Association rules gives the Association jurisdiction over its clubs and their members, and they say that the pursuer’s engagement with the defenders was of ordinary service, which could be brought to an end at any time during the season by giving him reasonable notice, and handing him his transfer paper duly signed. After he got his transfer paper he could enter into a new engagement with any other club, subject to the condition as to transfer money from League clubs. They further say that by his letter asking modification pursuer accepted his transfer paper and his dismissal from the club’s service.
In their please in law the defenders urge that the action is incompetent; and that the pursuer has his remedy by application to the Association.
Agent for the pursuer, Mr. G.F. Welsh, solicitor; agent for the defenders, Mr. William Fraser, SSC.
(The Scotsman, 31-05-1898)
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