player sues aston villa

In the King's Bench Division - before Mr Justice Lawrence and a special jury - Mr Herbert Charles Kingaby sued the Aston Villa Football Club for alleged conspiracy and malicious injury. The defendants traversed certain allegations made by the plaintiff, and set up a contract, while plaintiff, in reply, said if there was a contract the club had broken it. 

MALICIOUS USE OF POWER.

Mr Rawlinson, K.C., who appeared for the plaintiff, said Kingaby was a professional footballer, and his contention was that the Aston Villa Club, being members of the Football League, made certain rules for dealing with players which plaintiff contended were illegal.  He further complained that whether the rules were legal or not the club had made malicious use of their powers. Mr Rawlinson said that prior to 1906 Kingaby played for Clapton Orient, and during one of the southern trips of the Aston Villa Club, Kingaby was noticed as a likely player. Clapton Orient were approached with a view to the transfer. They found that for business reasons Kingaby could only play on Saturdays and Bank Holidays, and could not play in mid-week matches. The Aston Villa Club, however, thought Kingaby was good enough, and they paid £300 for his transfer. In April 1906, Aston Villa were anxious to get rid of Kingaby, and they did not make him any offer of re-engagement. He, therefore, considered himself free to seek employment elsewhere, and did so.

On May 4 he received the following letter from the Aston Villa Club: "THE MAXIMUM OFFERED. Dear Kingaby, - We are willing to resign you at the maximum wage, only without the special condition re mid-week matches that you had in your last contract". Of course, said counsel, they knew that Kingaby would not accept this, and, as a matter of fact, he did not. The Football League had a rule which said - "Clubs shall be entitled to retain players to whom they are willing to pay the maximum wage, unless the player satisfies the Council that there are grounds on which they should change his club." At that time Fulham were not members of the Football League, and Kingaby played for Fulham during 1906-1907 and 1907-1908, subsequently going to Leyton. In 1910, however, there was an amalgamation, whereby the Southern clubs were brought under the same set of rules as those belonging to the Football League in the North. In 1909 Aston Villa had put Kingaby on their transfer list, and the price they set upon his head was £350. That, counsel contended, was a malicious act. Aston Villa justified by saying that they paid £300 for him, and kept him and paid him wages for some time, and, adding the one to the other, his value was therefore £350. Plaintiff appealed to the Football League, who reduced the transfer fee to £300. Just before the action was brought Aston Villa reduced the price on plaintiff's head to £50. Mr Shearman, K.C. (for the defendants) - It was at plaintiff's request that that was done. Rawlinson - Of course, he was continually asking to be reduced. 

AN OFFER FROM CROYDON.

Proceeding, counsel stated that plaintiff received an offer from Croydon, under which, if they could get him transferred without payment, they would have given him £2 week. They were not willing to pay for a transfer, and as they were members of the League they could only engage him without payment by consent. Aston Villa apparently kept their price upon plaintiff, who in the end had to go to Peterborough City at a salary of 30s a week. Since the commencement of the action Aston Villa had taken off their price upon his head, but plaintiff claimed damages for what they had previously done. Plaintiff, in evidence, said at Clapton Orient he had considerable success as outside right, but Clapton at that time were in financial straits. They owed him money for wages, and that and the glamour of playing for Aston Villa induced him to transfer. In answer to Mr Shearman, in cross-examination, plaintiff said he played as amateur for six or seven years, and was 24 or 25 when he registered as a professional. Your costs here are being paid by the Players' Union, are they not? - Yes. For some years the professional players have constituted themselves into a Union to advance their objects? - Yes. Plaintiff said when he joined Aston Villa he did not know all about the retainer system and the transfer system. He did not know whether £300 or £3000 had been paid for his transfer. The result of your joining the League was that you got £4 a week and a bonus. That was a "bit of all right," was it not? - Yes. 

ABOLITION OF TRANSFERS. 

At the time of the amalgamation of the Southern League with the Football League, witness agreed that the Players' Union were working for a rise in the maximum rate of wages and for the abolition of transfers. They got the rise and a bonus on transfers, and now, said Mr Shearman, having got a loaf and a half of what they want - (laughter) - they come into this Court to get the other half? - Yes. In 1910 the players went out on strike, did they not? (Laughter) - Not to my knowledge. I have never been on strike. At anyrate, one of the means the Players' Union have to effect their objects is to call out the men, and in 1909, before the final Cup tie, the men were all under notice, weren't they? - l have not heard of it. Mr Alfred Sidney Owen, secretary of the Players Union, also gave evidence. He said the transfer fee put upon plaintiff was preposterous. So far as the football player was concerned, inquired plaintiff's counsel, did this amalgamation do good or harm? - lt did a great deal of harm. At the present time, added the witness, a player is more a slave than a servant. 

TO PREVENT FILCHING OF PLAYERS.

Mr Justice Lawrence, after hearing legal arguments, withdrew the case from the jury, and gave judgment for defendants, with costs. He concluded there was evidence that defendants were using their rights maliciously. The transfer system aimed at preventing the filching of players from one club to another, and the amalgamation of the Leagues was only extending the area of that restraint to the South.

Source : The Courier Thursday March 28th, 1912