“Trump Lawyer Forwards Email Echoing Secessionist Rhetoric” NYT August 16, 2017 https://mobile.nytimes.com/2017/08/16/us/politics/trump-lawyer-email-race-charlottesville.html



John Dowd Esq, member of New York and Florida State Bars, evidently a big fan of Washington and Jefferson.  Or at least of their alleged slaveholding.  

We will eventually show that the memo suffers from the most elementary syllogistic fallacy imaginable, but first, the facts;

The Facts

I.  Did Washington & Lee Both Own Slaves?

Well, yes, kind of.  Washington was a landed rich gentry fellow, but he was often away at war, 8 years during the French & Indian War, 8 years during the Revolutionary War and then away 8 more years in Philadelphia during the Presidency.  

Betts, William W. (2013). The Nine Lives of George Washington. 



George Washington, first in war, first in peace, and first in the hearts of his countrymen.

It’s true Washington maintained a large estate at Mount Vernon.  It’s also true he kept and maintained slaves there, and also kept 4-6 slaves at the Presidential Residence in Philadelphia, a fact now attracting substantial scholarly attention since slavery was illegal in Pennsylvania. 

cf Never Caught; The Washingtons’ Relentless Pursuit of Their Runaway Slave, Ona Judge by Erica Armstrong Dunbar (Simon & Schuster, NY 2017). http://www.simonandschuster.com/books/Never-Caught/Erica-Armstrong-Dunbar/9781501126390#

On the other hand, Washington was the first Founding Father to manumit, or free, his slaves, upon his death, so specifying it in his will, indicating he must have had moral ambivalence about “the peculiar institution”.  

cf. Brookhiser, Richard (1996). Founding Father: Rediscovering George Washington. New York: Free Press



Mt Vernon above two photos; and another portrait of President Washington. 

Lee

Lee didnt own slaves, or at most owned 1-2 slaves.  Lee was poor growing up, and he never had any property or land like Washington.  Lee married a Custis, a descendant of Washington, but other than military pay, his income was meager and she suffered.  Also, Lee was a womanizer who carried on an affair for years in plain view of everyone, shaming his proud wife, Washington’s cousin.  This was what Lee thought of Washington–he shamed his Cousin.  

cf Korda, Michael (2013). Clouds of Glory: The Life and Legend of Robert E. Lee. HarperCollins Publishers.

However, and this is a big point of difference between Washington and Lee, in 1857 Lee came into inheritance of his father in laws estate, which was large with many slaves.  Some escaped in 1859 and were caught, and many contemporary and historical sources state that Lee, an adulterer, whipped and beat the runaway slaves in a brutal and abusive manner.  Cf Korda, id. 

Lee beat the slaves so badly that abolitionists in the North found the incident and Lee personally to be grist for their propaganda war about the evils of slavery and the evils of the fugitive slave law.  in short, Lee was a poster boy for horrendous slave ownership.  Cf. Korda, id. 


Robert E Lee, Adulterer, Confederate Traitor, Slave Beater and Abuser, Dreadful Bastard to his Wife and Family, Brilliant General in the Mexican American & Civil Wars–A Decidedly Mixed Legacy.  

II. Did Both Rebel?

No.  And in this case, results matter. Washington was on the winning side while Lee was on the losing side.  Thus Washington is the Father of our country, and Mount Rushmore, while Lee was a traitor whose inherited estate of 1857 at Arlington, VA was confiscated and used as the burial ground of the Union Soldiers.  It is now Arlington Memorial Cemetary.  cf Korda, id.


Arlington National Cemetary; Tomb of the Unknown Soldier; Arlington House & Plantation, former home of Robert E Lee.  

Lee was lucky he wasnt hanged.  He caught a break in that he and Grant had both served in the Mexican American War together, and Andrew Johnson issued a general pardon to the Confederate Principals.  By himself, Lee killed hundreds of thousands of innocent Americans.  Lee prolonged the Civil War well beyond the point where winning was not achievable by the South.  In short, just as he cheated on his wife and beat his slaves, Lee in the Civil War became a brutal murderer who waded in pools of Northern blood.

Lee was NOTHING like George Washington.  


Lee and US Grant at Appomattox.  Lee is signing his unconditional surrender to the North.  Lee and the South were utterly defeated by the far, far superior US Grant.  Only the Victors get to write history. 

III. Are Both Mens Battle Tactics Still Taught at West Point?

Probably, but this is a fallacious argument, false syllogism using a false implied enthymeme or false middle. 

It would be comparable to saying because I went to Harvard, and Bill Gates went to Harvard, that therefore there is no difference between us.

1) Lee is taught at West Point.

2) Washington is taught at West Point.

3) Therefore, Lee is the same as Washington in every respect.

Obviously this is a false and fallacious syllogism. 

or,

1) The Sophist is a Harvard Man.

2) Bill Gates is a Harvard Man.

3) Ergo, The Sophist is the same as Bill Gates is every respect.

By now, you see the problem.  Bad logic.  The fact that Lee and Washington are both taught at West Point does not make them equivalent.

IV.  Faulty Syllogism Destroys the Entire Memo

By now you must recognize that this is a fallacy of the undistributed middle.  https://en.m.wikipedia.org/wiki/Fallacy_of_the_undistributed_middle

A proper syllogism is as follows;

1) all A is B;

2) all B is C;

3) therefore, all A is C.

The Lee/Washington syllogisms above go like this:

Both owned slaves.

1) Lee owned slaves.

2) Washington owned slaves.

3) therefore, Lee is Washington.

This is like;

1) All A is B.

2) All C is B.

3) Therefore, all A is C.

This is the fallacy of the undistributed middle. https://en.m.wikipedia.org/wiki/Fallacy_of_the_undistributed_middle

on fallacies in syllogisms generally, see https://en.m.wikipedia.org/wiki/Syllogistic_fallacy

Any elementary intro to aristotelian logic will show this.

If you run thru the remaining statememts, they also fail to prove the point.  

cf David Hackett Fischer Historians’ Fallacies : Toward a Logic of Historical Thought (Harper and Row, NY, 1970).  

V. The Rest of It.

A.  Both Saved America

No. Washington created America; Lee tried to destroy America; and the Mexican-American War did a good deal to bring about the Civil War.  

B. Both were great men, great americans and great commanders.

1) Washington was a terrific man.  Lee other than on the battlefield appears to have been pretty shabby. Lee was brilliant, a great student, but narcissistic, cruel, sadistic, unfeeling and kind of a jerk to his wife.  And, he even cheated on his country–he didnt just flirt with the Confederacy, he went all the way.  Man-slut.  

2) great Americans

Only Washington was a great American.  Lee was a great Confederate General but he lost amd lost badly.  

3) Great Commanders

Washington probably was by far the greater–he defeated the greatest army on earth, the British,  while Lee, the top grad at West Point. lost to US Grant, a guy whose tactics he knew.  Big edge to Washington.  Lee is way overrated as a general.

C  Neither Man is any different than…

and gives a laundry list of generals from history.   Setting aside that none of the generals in the list are remotely similar, the assertion that Lee & Washington are identical with each element of the set of generals is logically false.  It fails on logical fallacy grounds, and it fails the eyeball test.  

Napoleon was a despot, Ramses enslaved millions to build pyramids, etc.  These leaders/generals had obvious and noteworthy differences from both Lee and Washington.

D You cannot be Against Lee and for Washington, there is literally no difference beween the two men.

First, false criterion & false assumption; no one is against Lee or for Washington.  

Rather, the burden of proof lies upon the memo writer to prove Lee is thr same status or class as Washington,  and here it/he fails.  For while Lee and Washington share some class traits, they share many differences.  So they aren’t the same, just like my going to prep school, Harvard, liking poker math and cars makes me the same as Bill Gates. 

The use of the word “literally” is odd–because to prove the case, it must be made logically, mathematically, with facts.

But of course, this memo wasnt written for thinkers and logicians.

It was written for Nazis, white supremicists, bigots and other irrational haters for whom only appeals to emotion matter.

And that is the greatest logical fallacy of all,  to let chaos rule.

For when God came, chaos and darkness rules, and he made light (genesis); and when Zeus married, to defeat Chaos after overthrowing Chaos, he married first Metis, goddess of wisdom, and then Thetis, goddess of law and order.

This, light, wisdom, reason, logic, law and order, are fundamental to the Western tradition.  Hatred, racism, chaos, is antithetical to same.


Thetis gives armor to Achilles; various portraits of Lincoln “a house divided against itself cannot stand” 1858. 

Conclusion

There is one place that equates Washington and Lee–Washington and Lee University.  

Its a long story, but Washington gave a large donation, and got the name, and Lee was President of the School after the Civil War,  and his name was added.  https://en.m.wikipedia.org/wiki/Washington_and_Lee_University

Its a very old and fine school,  and nothing here is intended to denigrate it.  

But these are the times that try mens’ souls. 

Amended Comments by John Bredehoft Esq. (reprinted from fb);

“Lee and Washington were fundamentally different. At the macro level, Washington was a patriot and Lee was a traitor. Washington at least manumitted his slaves at his death; Lee made no such provision in his will. Lee personally whipped at least two slaves, while I am unaware of a record showing Washington did the same. Lee put the parochial interests of his state over the national interest; Washington supported greater national power and economic development. Washington at least recognized the inherent evil of slavery and its contradiction with the promise of the Declaration of Independence, although his actions fell far short. Lee thought slavery natural and a positive good — Lee took up arms against the national government he swore to defend expressly in order to defend the right to extend slavery into the territories. Washington often saved the country during the revolution, by keeping the army together and in the field despite defeat. Washington also saved the country from the threat of monarchy, IMHO, by declining to run for a third term. Lee never saved the United States — he did his best to sunder it. Lee’s most praiseworthy act was to decline to encourage a guerrilla war after Appomattox (which was impractical anyway). Also IMHO, Washington did a better job with the military material he had at hand — which usually was a pathetic and wasting asset — than Lee did with the military material he had at hand. (And their tactics could not have been more different: Washington fought a Fabian, defensive war to preserve his force in being, while Lee was unduly wedded to the tactical offensive on too many occasions, literally grinding away his army.) Washington was able to maintain resistance to the British even with his capital, Philadelphia, in enemy hands for months; Lee’s resistance collapsed within days of the fall of Richmond. And to compare (actually) either of them to Alexander the Great (who routinely executed close followers on a whim), or Shaka or Napoleon or Ramses II (all of whom likely would have been prosecuted as war criminals in the 20th Century) is simply offensive.”

John Bredehoft Esq is the author with Michael King Esq. of several books, including 

Democracy’s Missing Arsenal: Vol I: 1862-1900 (2013) https://www.amazon.com/Democracys-Missing-Arsenal-Michael-King/dp/1484100948

Democracy’s Missing Arsenal: Bloodshed Universal-Slavery Triumphant: Volume 2: 1901-1919 (2016) https://www.amazon.com/gp/aw/d/1502996537/ref=mp_s_a_1_1?ie=UTF8&qid=1503064730&sr=1-1&pi=AC_SX236_SY340_QL65&keywords=John+M.+Bredehoft&dpPl=1&dpID=51vt0Wtf0dL&ref=plSrch

Bredehoft is a nationally recognized attorney practicing in Virginia.  King is a nationally recognized attorney practicing in Washington State.  

PLAYOFF PICKS FOR DIVISIONAL WEEKEND JAN 12-13 2013
 
Last Week
Well, last week went pretty well as we got 3 out of 4 right. That wasn’t looking so good until Mike Shanahan, who I savaged in last week’s column, decided, after going up 14-0 on Seattle, to leave RG3 out there on one leg and see how injured the guy could get facing the best defense in the NFC.
 
We discussed last week Shanahan’s history of abusing QB’s and going one and done with guys not named Elway.  Last week was a classic batch of evidence of this.  Up 14-0, Shanahan only had to do one thing–sit RG3 on the bench and go with his competent backup and sit on the lead.  Instead, he left a hobbled, injured QB out there too long–who by the time they actually needed him to come back and get the lead in the 4th Quarter, was way too banged up to play.  Had Shanahan rested him for two and one half quarters, RG3 might have had enough for one last drive–or his backup could have gotten it going enough to keep the ‘Skins in the game.  
 
RGIII was left in last weeks game way too long by Mike Shanahan
 
Now the Seahawks march on, Pete Carroll is a genius, Shanahan is a ninny, RG3 may be out for 1/2 of next year, RG3 has LCL and possibly ACL damage that is severe to the same knee he destroyed once already in college, and Shanahan is directly responsible for aggravating the injury for leaving in the  kid in there after the kid worked hard in the first quarter to get a two TD lead.   If I’m a tort lawyer, I’m suing Shanahan for negligence.  I mean, c’mon.  
 
Oh, and by the way, another one and done for Shanahan.  See?  And another playoff win on the road for Carroll, who continues to show his playoff genius.  And makes my pick of last week look like brilliance.  Since I analyzed it as a case of Shanahan will beat himself and Carroll will take advantage.
 
Cincinnati was lackluster in losing to the Texans in the playoffs for the second year in a row (though I have to give a shoutout to our high school QB, Haverford School/Boston College and former NY Giant Michael Mayock, who was broadcasting that game and actually made it interesting).  Mayock does all of the draft analysis for NFL Network and is one of the best prepared and best NFL and college broadcasters in the game, and one of the greatest athletes I ever saw play high school football (he once dropped 26 points in a 12 year old hoops game that was about five minutes long).  Greatest line from Mayock:  the other broadcaster mentions that Arrian Foster runs like Marcus Allen, and Mayock immediately says “Hey, I played against Marcus Allen” and goes on to note the similarities and differences.
 
Marcus Allen, OJ, Jim Brown & Walter Peyton v. Adrian Peterson & Eric Dickerson
Thirty years ago this month I was living in LA, and my good friend E.N. was visiting from NYC, and we scored fifty yard line seats for the LA Raiders-NY Jets playoff game in balmy 70 degree weather.  You may remember that this was the game won by the Jets (barely) using Richard Todd at QB, and with their famous defensive combo of Gastineau and Temple’s own Joe Klecko.  Famous for the fact that until Rex Ryan came along, the Jets had not won a playoff game since that 1983 contest for a long, long time.  
 
Anyhow, Marcus Allen was in that game as a rookie, and not ten rows ahead of us was sitting then world famous actor and sports commentator Orenthal James “OJ” Simpson, a white Bronco ride still ten years away in his future, sitting with his beautiful blonde wife and an equally beautiful blonde on the other side of him.  During the entire game we (meaning the whole crowd) were peppering him with cries of “Juice, Juice”.  After all, we were in the LA Coliseum, the very place he had played college ball for USC, and he was watching his good friend Marcus Allen play ball.  
 
Marcus Allen USC and LA Raider HOF RB
 
 
It seems a long time ago, but this year some running back made an assault on Eric Dickerson’s 16 game rushing record of 2105 yards achieved in 1973 (Adrian Peterson with 2,097).  The only problem being, both Peterson & Dickerson did it in sixteen games, whereas OJ Simpson’s record of 2,003 yards, set in 1973, was achieved in fourteen games.  OJ averaged more than 143 yards per game, whereas Dickerson, in the longer season, averaged only 132 yards per game.  Meaning that had OJ played two more games, it’s pretty safe to say that OJ would have gained 2,289 yards in a sixteen game season.
 
No one since OJ has gained 2,000 yards in 14 games or less, and if OJ were playing today, he’s probably have already broken the 2,500 yard mark for a running back in a sixteen game season with a bye.  Remember, too, he set that record playing in Buffalo, outside, in the snow, without a bye week.  
 
OJ Simpson – the greatest RB of them all?
 
 
OJ had another year two years later in 1975 where he gained 1817 yards in a 14 games season and averaged 130 yards per game.  If he had played 16 games that year, he’d have rushed for 2,017 yards that year.  That would still be 5th on the all-time list today ahead of all but Dickerson, Peterson, and the famous 2000 yard seasons of Jamal Lewis & Barry Sanders.  
 
This was probably the OJ look that launched his “Naked Gun” film career
 
 
Lest we neglect the greatest RB of them all, Jim Brown played 1/2 of his career in a twelve game NFL season.  In 118 games he rushed for 12,312 yards and averaged over his career 104.3 yards per game.  In 1963, Brown rushed for 1863 yards and averages 133.1 yards per game, which means if he had played 16 games in 1963, he would have rushed for 2,129 yards.  
 
Needless to say, Jim Brown would have been the all-time rushing leader and the first to break the 2,000 yard barrier if he had played a 16 game season.  Moreover, Brown’s retrospective 2,129 yards he would have gained in 16 games played with a bye in 1963 would rank first in the NFL overall today, and would only rank behind OJ’s retrospective 2,289 yards which OJ would have carried in 1973 given sixteen games and a bye.
 
Consequently, let’s forget about Adrian Peterson and Eric Dickerson, who are great HOF backs, and concentrate on who were the greatest NFL running backs in history.  That list comes down to three–Jim Brown, OJ Simpson, and Barry Sanders.   And of course, the late Walter Peyton, whose 1977 season rushing for 1852 yards with a pace of 132 yards per carry in a fourteen game season would have propelled him to a total of 2,116 yards in a sixteen game, bye week season.  That would have ranked him third all time in NFL history.  
 
the late Walter Payton – perhaps the most beloved football player of all time
 
 
And I’d take Marcus Allen after them and before Eric Dickerson or Adrian Peterson.  Allen was as good a receiving back as he was a running back, and in his NFL career rushed for 12,000 plus yards as well as caught passes receiving for another nearly 5,500 yards at a nearly 10 yards per reception clip.  If you split him into two he’d be two HOFers, but as a single back, he was a wrecking crew.  In 1985 he totalled 2314 yards from scrimmage, 1780 on the ground and another 555 in reception yards.  Yikes.  Not even Sanders, Peyton, Simpson or Brown were that versatile.  Peyton could catch and run with the ball more than the others–and Sweetness was truly great–but at his peak, Marcus Allen literally destroyed defenses.  
 
In the Super Bowl of January 1984 between the LA Raiders and the Washington Redskins, wherein the Raiders destroyed the Redskins 38-9, Marcus Allen rushed for 191 yards on 20 rushing attempts.  John Riggins on the other side only gained 64 yards on 26 attempts.  The combination of Marcus Allen and Jim Plunkett was, literally, unstoppable, and the Raiders crushed a Washington Redskins team that had won the Super Bowl the very previous year over Dan Marino and the Miami Dolphins.  They didn’t just beat the Redskins–they destroyed, humiliated and made a laughingstock of them, so much so that everyone forgot that the Redskins had ever been champions the year before.  
 
Marcus Allen’s 9.55 yards per carry Super Bowl rushing average is second all time in Super Bowl history–to the immortal Tom Matte of Baltimore, who averages 10.55 yards per carry back in Super Bowl III (which the Jets, not the Colts won).  Matte rushed for 116 yards on 11 attempts in that game, but that was in a losing effort.  Matte and Unitas were usually a terrific pair, but Namath and his teammates were just better that day–a lot better.  
 
That was how good Marcus Allen was.  And as good as OJ, Peyton, Jim Brown, and all the rest were, only Walter Peyton won a Super Bowl, and Jim Brown an NFL championship.  Marcus Allen didn’t just win a Super Bowl–he dominated it.  
 
PICKS FOR THIS WEEKEND
 
Saturday’s Games:
 
Baltimore Ravens at Denver Broncos:
 
I’m getting this out a little late, so really I shouldn’t be picking so late on this one, but I’m going with the conventional wisdom and picking Denver, at home, over Baltimore.  Ave atque value, Ray Lewis.  Those about to do NFL combat for the last time salute you, you are a true warrior.  
 
Green Bay Packers at San Francisco 49ers:
 
This is a very close matchup.  Green Bay has a better offense with Aaron Rodgers, but SF has a superior defense, and one has to like the Niner’s coaching scheme.  Also, the Niners have the home field, which is a big difference from playing on the frozen tundra of Lambeau Field.  I like the 49ers in a close game.  
 
Sunday’s Games:
 
Seattle Seahawks at Atlanta Falcons:
 
On paper, you’d have to like the Seahawks.  However, Atlanta is very tough at home, they have the bye week, and Matt Ryan is a much more veteran and savvy QB than rookie RGIII, and will play for the long haul.  Atlanta has a good rushing attack with Turner and Rodgers to go with the passing attack of Ryan, and Atlanta also has an excellent defense.  Think about Atlanta’s 34-0 smackdown of the NY Giants in the Dome, and you get the idea of how good Atlanta can play at home, and their 13-3 record is nothing to sneeze about.  I pick Atlanta.
 
Houston Texans at NE Patriots:
 
This is a rematch of last year’s playoff game, wherein the Patriots pretty much destroyed the Texans.  As much as one would like to see a different result, the fact is that Tom Brady and the Pats are really good at home, they scored the most points of any team in the league, and their defense is pretty darn good also.  And their QB is very good.  The Texans won last week, but in one of the most boring games ever, and other than Arrian Foster, they just don’t have the offensive weapons to keep up with the Patriots, and their defense will not shut down Tom Brady for an entire game–the Patriots scored 557 points this season.  
 
Footnote:
 
The Canton Bulldogs, which featured Jim Thorpe, and played in the NFL only during the 1920s (my late grandfather lived in Canton OH for two years and watched Jim Thorpe play football), won two NFL championship.  That is more NFL championships than the Seattle Seahawks, the Houston Texans, the Jacksonville Jaguars, the Carolina Panthers, the Atlanta Falcons, the Cincinnati Bengals, the Minnesota Vikings (all of which have zero NFL or Super Bowl championships), and more than the Baltimore Ravens, the New Orleans Saints, the Tampa Bay Bucs, the NY Jets or the San Diego Chargers (all of which have one Super Bowl or NFL/AFL championship).  The Broncos, Bills, Chiefs, Titans, Dolphins and most embarassingly, since they’ve been in the league since 1920, the Chicago/St Louis/Arizona Cardinals, are all tied with Canton with two championships.   So much for NFL parity.  18 teams have won the same number or fewer NFL championships as the Canton Bulldogs, a team that last played during the Coolidge Administration.  Even the Philadelphia Eagles have three NFL championships (1948, 1949 and 1960).  
 
Art Kyriazis, Philly
http://arthurjohnkyriazisgoogleblog.blogspot.com/2013/01/playoff-picks-for-divisional-weekend.html

 

Arthur John Kyriazis Google Blog: Easter 1916 William Butler Yeats.

Jeremy Lin doing his thing for Hahvahd Hoops 2006-2010

Jeremy Lin doing his thing for Hahvahd Hoops 2006-2010

Jeremy Lin is only the 3d player from Harvard to play in the NBA.

He was a terrific player not only at Harvard, but in the Ivies.  He established a line of records unmatched in Ivy League history, and along the way, the Harvard basketball team, which had never amounted to a bucket of warm spit until Lin and Coach Amaker arrived, found its way to the Ivy League title and the NCAA tournament.

My sons and I watched these guys, led by Lin, play a ferocious contest in the Palestra against their arch-rivals Penn in 2010, which was a double overtime contest, and as Harvard finally won, largely due to the intensity and refusal to lose of Lin, who kept penetrating, dishing off, shooting jumpers, and doing whatever it took to win, it seemed like a passing of the guard.

DP made pun of Lin's name back in 2009 at Penn

The Daily Pennsylvanian made pun of Lin's name back in 2009 at Penn, showing once again Philly was three years ahead of NYC media.

So it’s no secret why Lin is the 2d best player on the knicks in win shares per 48 minutes at .187 after Tyson Chandler’s .248; or why his PER approaching 25 leads the team.  Lin plays defense, doesn’t turnover the ball, and is efficient both on offense and defense.  Also, he hustles.  In the Ivy League, he led across a large number of categories, including points, steals, rebounds, assists, assist to turnover ration, etc. and established benchmarks for a guard across many such categories–in fact, all time records for a guard to have such all-around abilities.

What we saw, watching him two years ago, was a guy who refused to lose.  He could penetrate and score; penetrate and dish out to the three line; penetrate and dish to the man beside him after drawing the double-team;  penetrate and dish to the open man; had amazing peripheral vision; could drop the three or the jumper if left unattended; always could run the ball and locate the open man on the run; could play defense; could steal the ball; could rebound and start the break the other way; in short, he was a complete player.

And Lin never stopped to breath.  He was always in continuous motion.  Harvard had a lot of talented players, but they looked kind of confused unless Lin got them the ball and he was coordinating the offense.  He was, in short, a terrific and talented point guard who had game.

A lot of Penn players have played in the NBA, but not so much Harvard.  Hockey has always been the winter sport at Harvard, along with playing the stock market and inventing new financial instruments the SEC can’t regulate.

Three players including Lin played in the NBA:

http://www.basketball-reference.com/friv/colleges.cgi?college=harvard#stats::none

first was

Saul Mariaschin

http://www.basketball-reference.com/players/m/mariasa01.html

who was a 5 foot 11 inch player on the 1947-48 Boston Celtics.  The Celtics were in a predecessor league to the NBA, but who cares?

Here were Saul Mariaschin’s teammates on the Boston Celtics of 1947-48:

riebe_spector_sadowski_garfinkel_mariaschin_1948

riebe, spector, sadowski, garfinkel with Saul Mariaschin Harvard Grad on 1948 Boston Celtics

http://www.basketball-reference.com/teams/BOS/1948.html

Here’s another of his teammates from that legendary Celts team:

CHUCK CONNORS.  Yes, the guy who later played the RIFLEMAN on TV.  Lucas McCain himself.  And a 6’5″ grad of Seton Hall, which in 1947-48 would have made him a giant player.  And he was a CELTIC.  You can look it up.

http://www.basketball-reference.com/players/c/connoch01.html

http://en.wikipedia.org/wiki/Chuck_Connors

Chuck Connors was a Celtic and played with Harvard Grad Saul Mariaschin in 1947-48

Chuck Connors was a Celtic and played with Harvard Grad Saul Mariaschin in 1947-48

Chuck Connors also played baseball for the Brooklyn Dodgers!

And he was a TV Star!

Chuck Connors as Lucas McCain the Rifleman

Chuck Connors as Lucas McCain the Rifleman

Chuck Connors was a Boston Celtic and and Brooklyn Dodger

Chuck Connors was a Boston Celtic and and Brooklyn Dodger

The second player that went to Harvard and played in the NBA was

Ed Smith

Edward Bernard Smith (Ed)

Ed Smith was a New York Knick in 1953-54.  On that Knicks team, Ed played with Vince “Moose” Boryla, Nate “Sweetwater” Clifton, Al McGuire and Dick McGuire, and the famous Ernie Vandeweghe, and others well-noted.

That 1953-54 Knicks team finished 1st in the Eastern Division, going 44-28 under the helm of the legendary Joe Lapchick.  And they played in the old Madison Square Garden, which many hold in as high esteem as the old Boston Garden.

Nate "Nat" "Sweetwater" Clifton of the 1953-54 NY Knicks played with Harvard's Ed Smith

Nate "Nat" "Sweetwater" Clifton of the 1953-54 NY Knicks played with Harvard's Ed Smith

and here’s ernie vandewege v bob cousy:

Bob Cousy and Ernie Vandeweghe Reaching For Ball

Bob Cousy and Ernie Vandeweghe Reaching For Ball

Of course, Ernie has some bloodlines. Kiki Vanderweghe was a great NBA player, and now his granddaughter is a professional tennis player:

CoCo Vandeweghe professional tennis player and granddaugher of Ernie Vandeweghe who played on the NY Knicks with Ed Smith in 1953-54.  Ed was the last Harvard alum to play for the NY Knicks, nearly fifty years ago

CoCo Vandeweghe professional tennis player and granddaugher of Ernie Vandeweghe who played on the NY Knicks with Ed Smith in 1953-54. Ed was the last Harvard alum to play for the NY Knicks, nearly fifty years ago

Last night we witnessed the triumph of existentialism, or should I say, Instantiation, in modern baseball, because the alleged two run home run hit by Alex Rodriguez NEVER ACTUALLY OCCURRED.

To understand this, first we must review the Home Run Rule in modern baseball, which was first defined in 1885, and was subsequently amended in 1892, 1914, 1920, 1926, 1931, 1950 and 1955.

The key concept of the home run rule is most plainly expressed in the 1892 rule which has not been changed very much since 1892:

A FAIR BATTED BALL THAT GOES OVER THE FENCE SHALL ENTITLE THE BATTER TO A HOME RUN…

The key concepts here are that

1) the ball has to be fair; and
2) the ball has to go “over the fence.”

The 1892 rule adds that “A distinctive line is to be marked on the fence showing the required point.” Meaning, if the ball goes over the fence above the line, it goes “over the fence.”

However, and this is the key point, the ball still has to go OVER the fence, not just ABOVE the line.

Last nite’s alleged home run by Alex Rodriquez, as a careful examination of the Rules of Baseball in this blog will demonstrate, was not a home run, but a Ground Rule Double.

It was a Ground Rule Double, because the ball never went OVER the Fence, as require plainly by the Rules of Baseball, but merely hit an object, which was in the field of play, above the line, but still in the field of play.

As to whether the ball would have, could have, or should have gone over the fence, but for the object, which was a TV camera, that is an interesting philosophical debate (which is the same as conceiving of unicorns, trolls, a planet without war and the tooth fairy), but the result is still the same: the home run remains an abstraction, something INSTANTIATED and given EXISTENCE only in the collective minds of the umpires.

You see the replay plainly on Fox TV. At no time did the ball go OVER the Fence. Moreover, the camera was jutting a good five to ten feet into the field. Even if the camera wasn’t there, the downward arc of the ball meant that the ball might have gone over the fence, or it might have continued its downward slope and hit the fence at a point BELOW the line of the fence.

Now, as a careful examination of the rules will show, similar disputes such as balls getting caught in the wiring of the ivy fences at Wrigley have always been rules as ground rule doubles. At no time have such balls ever been rules home runs, not in World Series and never on instant replay, because there has never been instant replay in the World Series or at any time in baseball.

I’m certainly pleased to see that baseball, not content with attempting to stop the Phillies from winning the World Series last year by calling a rain delay halt for the first time in World Series History when Cole Hamels was pitching a brilliant game in game five, this year, for the first time in World Series history called a fake home rum and foiled Cole Hamels again from winning.

Up to the point of the fake homer call, Hamels was pitching a no-hitter. It was obvious that Hamels was furious with the call. And rightly so. The call was utter and total BS, and proves that Bud Selig and Organized Baseball are determined to see that the Yankees win the World Series at all costs. The Umpiring crew rules so quickly that they must have been told by Selig how to rule. They didn’t have time to deliberate.

This is reminiscent of 1950, when the Yankees used their connections with the US Government to have Curt Simmons, a blazing lefthander with Sandy Koufax stuff, a twenty game winner, on the Phillies, get his draft notice in mid-September 1950, two weeks before the World Series was coming up with the Yanks. At the time, the Phils had Robin Roberts, now in the Hall of Fame, and Curt Simmons, a blazing lefthander, on their staff. The two pitchers had combined for more than fifty wins. The two pitchers could each have won two games in the series and blown out the Yanks, much like Curt Schilling and Randy Johnson won the 2001 Series for Arizona back a few years. But with Curt Simmons in the Army, the Phillies barely won the Pennant, and were eradicated by the Yanks in four games.

The Yankees always need to cheat to win.

Ok, so here are the Home Run Rules:

1885 – A fair batted ball that goes over the fence at a distance less than 210 feet from home base shall entitle the batsmen to two bases. A distinctive line shall be marked on the fence at this point.

My comment: At this point, a ball “over the fence” is not a homer at all, it’s a ground rule double. Weird.

1892 – A fair batted ball that goes over the fence shall entitle the batter to a home run; except that should it go over the fence at a distance less than 235 feeet from home base, the batter is entitled to only two bases. A distinctive line is to be marked on the fence showing the required point.

My comment: This is essentially the modern rule. The ball has to go “over” the “fence” to be a home run. And it has to go “over” the “distinctive line” of the “fence”. Not above, but over.

I think we all understand the difference between going near, above and around a line painted on a fence, and going over a fence. It’s the difference between a hurdler stumbling on the hurdle, and a hurdler clearing the hurdle entirely.

Rodriquez’ ball last nite, in Game 3 of the 2009 World Series, is not a home run under the Home Run Rule. It did not go “over the fence” or over the “distinctive line”, because in three dimensional space, it hit the camera before it crossed the plane of the line, and was knocked back into the field. Therefore, it never went over the line, never went over the wall, and never went over the fence.

Consequently, it was not a home run under the 1892 rule.

Are there any changes in the rules SINCE 1892 that could make it a home run? The answer is no, but let’s go through them all and see.

Note that this is not a “judgment call” by the umpires. The ball has to go “over the fence” and be a “fair ball” to be a home run. End of story. An umpire or group of umpires cannot make a ball that might have been or should have been a home run except that it hit something, into a home run by philosophical instantiation, or abstractive analysis.

In short, there are no unicorns, trolls or other imaginary beings just because we think there are; and there are no imaginary home runs. C.f. Occam’s razor—we don’t create a multiplicity of abstract universal beings just because we name them, think of them or create them in our minds. If we create now a class of abstract home runs, home runs that might have been, should have been and so forth, we now introduce into baseball a series of abstract balls, strikes, stolen bases, catches, hits and so forth and soon there will be entire parallel universes of baseball realities creeping into games, abstract realities which have nothing to do with what’s going on down at the field level, or, more pertinently, in the empirical world or in the rulebook. Everything will come down to what the umpires say and we’ll have a courtroom, not a ballgame.

1914 – Should an errant thrown ball remain in the meshes of a wire screen protecting the spectators, the runner or runners shall be entitled to two bases. The umpire in awarding such bases shall be governed by the position of the runner or runners at the time the throw is made.

My comment – this is the first indication that hitting a camera should be a ground rule double. Here the rule says if an errant thrown ball gets caught in wire screen mesh, the runner gets two bases and two bases only. It doesn’t matter if the ball is over the fence in fair ground, it’s still only two bases.

1920 – Home Run/Game-Ending – If a batsman, in the last half of the final inning of any game, hits a home run over the fence or into a stand, all runners on the bases at the time, as well as the batsman, shall be entitled to score, and in such event all bases must be touched in order, and the final score of the game shall be the total number of runs made.

My comment – this is the famous “walk off homer” rule change. Prior to 1920, if someone hit a walk off homer with one, two or three men on that won the game, the only runs that counted were the ones that won the game, e.g. if the score were 9-8 the road team, and you hit a grand slam, you got two runs, the score ended 10-9 home team, and you were credited with either a single or a double, usually a single. Not a grand slam. But under the walk-off rule, the score ended 12-9, the batter got credit for a homer, a grand slam and 4 RBI.

Note again that the rule says “over the fence” and “into the stand”. Rodriquez’ alleged homer last night meets neither of these key tests.

1926 – A fair batted ball that goes over the fence or into a stand shall entitle the batsman to a home run, unless it should pass out of the ground or into a stand at a distance less than 250 feet from the home base, in which case the batsman shall be entitled to two bases only. In either event the batsman must touch the bases in regular order. The point at which a fence or stand is less than 250 feet from the home base shall be plainly indicated by a white or black sign or mark for the umpire’s guidance.

My comment – again, the rule says “over the fence” or “into a stand” in order for a ball to be a home run. This changes the 1892 rule by making the minimum fence distance 250 feet for a home run instead of 235 feet in order not to have “cheap” home runs, although even 250 feet would be a pretty short distance. Of course, Yankee Stadium had a 297 foot right field porch for years for their left handed sluggers, another example of the Yankees “cheating”, and then they would have an all-lefthanded staff to keep the other team from stacking up lefties against them, c.f. Lefty Gomez, Whitey Ford, Andy Pettite, Ron Guidry and so forth. This unfair advantage has been wiped out with the new Yankee Stadium, although allegedly there remains a slightly easier job of hitting to right field.

1931 – Batter/Awarded Bases – A fair hit ball that bounds into a stand or over a fence shall be a two-base hit. Note: There is no reference to distance in this rule and any fair hit ball bounding over the fence or into the stand is a two-base hit.

My comment: This is the modern ground-rule double rule. It hasn’t changed at all. Most importantly, READ what it says. “A FAIR HIT BALL THAT BOUNDS INTO A STAND OR OVER A FENCE SHALL BE A TWO-BASE HIT.” That means that if the ball bounces off a camera and then over the fence, it’s a two base hit. If the ball bounces off a fan and over the fence, it’s a two base hit. If it bounces off the top of the Astrodome, and back into the field of play, as happened to Mike Schmidt in 1974, it’s a two base hit; but if it went off the top of the Astrodome and then over the fence, it would be a ground rule double according to the rule.

According to the plain language of the ground rule double rule of 1931, the ball A Rod hit last nite in game 3 of the World Series was a double. Not subject to review, not subject to judgment call. A ground rule double. It went off a camera and bounded over the fence and then back into the field. It was in play. It’s a ground rule double in that case.

In 1950 the rulebook was entirely recodified and rewritten, refined and clarified:

1950: Batter/Awarded Bases: Each runner including the batter-runner may, without liability of being put out, advance to home base, scoring a run, if a fair ball goes over the field fence in flight and he touch [sic] all bases legally; of if a fair ball which, in the umpire’s judgment, would have cleared the field fence in flight, is deflected by the act of a defensive player in throwing his glove, cap or any article of his apparel, the runner shall be awarded a home run.

My comment – to be a home run, the ball must go over the fence “in flight”. The only case where an umpire may exercise judgment and rule on whether a ball “would have cleared the field fence in flight” is solely and exclusively the case of when the ball is “deflected by the act of a defensive player in throwing his glove, cap or any article of his apparel”. This is the one and only situation where an umpire may exercise abstract judgment and award a hypothetical or abstract home run under the rules of baseball; where a fielder attempts to block the ball by throwing his glove, cap or article of his clothing at the ball.

This was not the case with A Rod’s home run last night. Jayson Werth did not throw his cap, his glove or any article of his clothing at the ball last night. Consequently, the ball would have had to clear the fence “in flight” to be a home run. Since the ball never cleared the fence “in flight”, it was not a home run under the 1950 rule, as amended.

More 1950 changes:

The batter becomes a baserunner when a fair ball, after touching the ground, bounds into the stands or passes through or under a fence or through or under shrubbery or vines on the field, in which case the batter and the baserunners shall be entitled to advance two bases.

The batter becomes a baserunner when any fair ball which, either before or striking the ground, passes through or under a fence or through or under a scoreboard or through or any opening in the fence or scoreboard or through or under shrubbery or vines on the fence, in which case the batter and the baserunners shall be entitled to two bases.
The batter becomes a baserunner when any bounding fair ball is deflected by the fielder into the stands or over or under a fence on fair or foul ground, in which case the batter and all baserunners shall be entitled to advance two bases.

The batter becomes a baserunner when any fair fly ball is defelected by the fielder into the stands or over the fence into foul territory, in which case the batter shall be entitled to advance to second base; but if deflected into the stands or over the fence in fair territory, the batter shall be entitled to a home run.

My comment – the first three rules make clear that deflections by the fielder and interference with the ball by objects on the field, such as vines, fences and shrubbery, are always ground rule doubles. The only case where a ball is NOT a ground rule double is when there is a deflection by the fielder, and for this to be a home run, there are four requirements;
1) a fair fly ball in fair territory;
2) deflected by a fielder;
3) into the stands; or
4) over the fence.

Note that even if argued analogically to last nites hit by A Rod, the 1950 rule does him no good. First, the camera deflected the ball back into the field. Second, the deflection was by a camera, not by a fielder. Third, the deflection was not “into the stands.” Fourth, the deflection was not “over the fence.”

Consequently, it’s really, really, really crystal clear that what we have is a ground rule double, under the remaining provisions of the 1950 and 1932 ground rule double rules. A Rod and the Yankees were only entitled to a ground rule double last nite in game 3 of the World Series.

1955 Rule Change

The 1955 rule change is very, very minor, it just provides that if a hitter hits a homer and has an accident while running the bases and time is called, he can have a runner come in and pinch run for him and run out the homer run and score it. It has no effect whatsoever on the discussion at hand.

Ok, through 1995, that’s all the rule changes I have from the source J. Thorn, P. Palmer, M. Gershman, D. Pietruskza, Total Baseball V: The Official Encyclopaedia of Major League Baseball (Viking NY 1997), c.f. D. Bingham & T. Heitz, “Rules and Scoring,” at pp. 2376-2432.

Now let’s hit the Net.

The rules as they exist through 1955 continue to exist and are codified in Official Rules of Baseball at Rule 6.09, exactly as they were enacted in 1950, see for yourself:

6.09 The batter becomes a runner when—
(a) He hits a fair ball;
(b) The third strike called by the umpire is not caught, providing (1) first base is unoccupied, or (2) first base is occupied with two out;
Rule 6.09(b) Comment: A batter who does not realize his situation on a third strike not caught, and who is not in the process of running to first base, shall be declared out once he leaves the dirt circle surrounding home plate.
(c) A fair ball, after having passed a fielder other than the pitcher, or after having been touched by a fielder, including the pitcher, shall touch an umpire or runner on fair territory;
(d) A fair ball passes over a fence or into the stands at a distance from home base of 250 feet or more. Such hit entitles the batter to a home run when he shall have touched all bases legally. A fair fly ball that passes out of the playing field at a point less than 250 feet from home base shall entitle the batter to advance to second base only;
(e) A fair ball, after touching the ground, bounds into the stands, or passes through, over or under a fence, or through or under a scoreboard, or through or under shrubbery, or vines on the fence, in which case the batter and the runners shall be entitled to advance two bases;
(f) Any fair ball which, either before or after touching the ground, passes through or under a fence, or through or under a scoreboard, or through any opening in the fence or scoreboard, or through or under shrubbery, or vines on the fence, or which sticks in a fence or scoreboard, in which case the batter and the runners shall be entitled to two bases;
(g) Any bounding fair ball is deflected by the fielder into the stands, or over or under a fence on fair or foul territory, in which case the batter and all runners shall be entitled to advance two bases;
(h) Any fair fly ball is deflected by the fielder into the stands, or over the fence into foul territory, in which case the batter shall be entitled to advance to second base; but if deflected into the stands or over the fence in fair territory, the batter shall be entitled to a home run. However, should such a fair fly be deflected at a point less than 250 feet from home plate, the batter shall be entitled to two bases only.

http://mlb.mlb.com/mlb/downloads/y2008/official_rules/06_the_batter.pdf

the deflection by the fielder rule is also exactly the same as adopted in 1950 and has not been changed, and is codified in Rule 7.05(a);

7.05 Each runner including the batter-runner may, without liability to be put out, advance—
(a) To home base, scoring a run, if a fair ball goes out of the playing field in flight and he touched all bases legally; or if a fair ball which, in the umpire’s judgment, would have gone out of the playing field in flight, is deflected by the act of a fielder in throwing his glove, cap, or any article of his apparel;

http://mlb.mlb.com/mlb/downloads/y2008/official_rules/07_the_runner.pdf

See? It’s exactly the same. The only way an upire can judge if the fair ball would have left the stadium and gone out of the playing field in flight, is if it was deflected by the act of a fielder under Rule 7.05(a).

The umpire can’t make a judgment call under any other of the rules of baseball.

All the rules of baseball, incidentally, are on line and available for you all to read for yourselves at;

http://mlb.mlb.com/mlb/official_info/official_rules/foreword.jsp

see also these websites:

http://www.baseball-almanac.com/rulemenu.shtml

http://www.rulesofbaseball.com/

http://en.wikipedia.org/wiki/Baseball_rules

There IS however, a rule which pertains to interference by media, and that is rule 3.15, which I hereby quote now:

3.15 No person shall be allowed on the playing field during a game except players and coaches in uniform, managers, news photographers authorized by the home team, umpires, officers of the law in uniform and watchmen or other employees of the home club. In case of unintentional interference with play by any person herein authorized to be on the playing field (except members of the offensive team participating in the game, or a coach in the coach’s box, or an umpire) the ball is alive and in play. If the interference is intentional, the ball shall be dead at the moment of the interference and the umpire shall impose such penalties as in his opinion will nullify the act of interference.

http://mlb.mlb.com/mlb/downloads/y2008/official_rules/03_game_preliminaries.pdf

NOTE WHAT RULE 3.15 SAYS ABOUT INTERFERENCE WITH A BALL BY NEWSPHOTOGRAPHERS WHO ARE AUTHORIZED TO BE ON THE FIELD OF PLAY: In case of unintentional interference with play by any person herein authorized to be on the playing field (except members of the offensive team participating in the game, or a coach in the coach’s box, or an umpire) the ball is alive and in play.

Since A-Rod’s ball was UNINTENTIONALLY INTERFERED WITH BY A PRESS CAMERA, RULE 3.15 COMES INTO PLAY EXPRESSLY AND THE BALL IS IN PLAY. It’s not a case of fan interference where the umpires are allowed to make a judgment call to nullify the fan interference and create a home run abstractly.

To the contrary, the rule is clear and express- “the ball is in play” says the rule. Since the ball did not go over the fence or into the stands or over the fence in flight, but back to the field, and since Werth relayed it back, the Yankees runners were stuck at 2d and 3d.

There was no interference, and if there were a ground rule here, it was at best a ground rule double. See discussion above, supra.

NOTE THAT THIS IS AN ENTIRELY DIFFERENT SITUATION THAN IF A FAN HAD INTERFERED WITH THE BALL.

The Umps and all of major league baseball got the rules wrong last night.

The ball was alive and in play last night and/or was a ground rule double, under the ground rule double rules and also under official Rule 3.15.

The Umps had no interference discretion under rules 3.15 or 3.16 because NO FAN touched the ball—instead, an authorized member of the press touched the ball.

The camera was an authorized photographer.

Consequently, the ball was in play.

Note the difference if a spectator had touched the ball:

3.16 When there is spectator interference with any thrown or batted ball, the ball shall be dead at the moment of interference and the umpire shall impose such penalties as in his opinion will nullify the act of interference.
APPROVED RULING: If spectator interference clearly prevents a fielder from catching a fly ball, the umpire shall declare the batter out.

Rule 3.16 Comment: There is a difference between a ball which has been thrown or batted into the stands, touching a spectator thereby being out of play even though it rebounds onto the field and a spectator going onto the field or reaching over, under or through a barrier and touching a ball in play or touching or otherwise interfering with a player. In the latter case it is clearly intentional and shall be dealt with as intentional interference as in Rule 3.15. Batter and runners shall be placed where in the umpire’s judgment they would have been had the interference not occurred.
No interference shall be allowed when a fielder reaches over a fence, railing, rope or into a stand to catch a ball. He does so at his own risk. However, should a spectator reach out on the playing field side of such fence, railing or rope, and plainly prevent the fielder from catching the ball, then the batsman should be called out for the spectator’s interference.
Example: Runner on third base, one out and a batter hits a fly ball deep to the outfield (fair or foul). Spectator clearly interferes with the outfielder attempting to catch the fly ball. Umpire calls the batter out for spectator interference. Ball is dead at the time of the call. Umpire decides that because of the distance the ball was hit, the runner on third base would have scored after the catch if the fielder had caught the ball which was interfered with, therefore, the runner is permitted to score. This might not be the case if such fly ball was interfered with a short distance from home plate.

http://mlb.mlb.com/mlb/downloads/y2008/official_rules/03_game_preliminaries.pdf

The ground rules for ground rule doubles are exactly the same as the 1950 and 1932 rules discussed above, and are codified at the official rules of baseball 7.05;

7.05 Each runner including the batter-runner may, without liability to be put out, advance—
(a) To home base, scoring a run, if a fair ball goes out of the playing field in flight and he touched all bases legally; or if a fair ball which, in the umpire’s judgment, would have gone out of the playing field in flight, is deflected by the act of a fielder in throwing his glove, cap, or any article of his apparel;
(b) Three bases, if a fielder deliberately touches a fair ball with his cap, mask or any part of his uniform detached from its proper place on his person. The ball is in play and the batter may advance to home base at his peril;
(c) Three bases, if a fielder deliberately throws his glove at and touches a fair ball. The ball is in play and the batter may advance to home base at his peril.
(d) Two bases, if a fielder deliberately touches a thrown ball with his cap, mask or any part of his uniform detached from its proper place on his person. The ball is in play;
(e) Two bases, if a fielder deliberately throws his glove at and touches a thrown ball. The ball is in play;
Rule 7.05(b) through 7.05(e) Comment: In applying (b-c-d-e) the umpire must rule that the thrown glove or detached cap or mask has touched the ball. There is no penalty if the ball is not touched.
Under (c-e) this penalty shall not be invoked against a fielder whose glove is carried off his hand by the force of a batted or thrown ball, or when his glove flies off his hand as he makes an obvious effort to make a legitimate catch.

(f) Two bases, if a fair ball bounces or is deflected into the stands outside the first or third base foul lines; or if it goes through or under a field fence, or through or under a scoreboard, or through or under shrubbery or vines on the fence; or if it sticks in such fence, scoreboard, shrubbery or vines;
(g) Two bases when, with no spectators on the playing field, a thrown ball goes into the stands, or into a bench (whether or not the ball rebounds into the field), or over or under or through a field fence, or on a slanting part of the screen above the backstop, or remains in the meshes of a wire screen protecting spectators. The ball is dead. When such wild throw is the first play by an infielder, the umpire, in awarding such bases, shall be governed by the position of the runners at the time the ball was pitched; in all other cases the umpire shall be governed by the position of the runners at the time the wild throw was made;
APPROVED RULING: If all runners, including the batter-runner, have advanced at least one base when an infielder makes a wild throw on the first play after the pitch, the award shall be governed by the position of the runners when the wild throw was made.
Rule 7.05(g) Comment: In certain circumstances it is impossible to award a runner two bases. Example: Runner on first. Batter hits fly to short right. Runner holds up between first and second and batter comes around first and pulls up behind him. Ball falls safely. Outfielder, in throwing to first, throws ball into stand.
APPROVED RULING: Since no runner, when the ball is dead, may advance beyond the base to which he is entitled, the runner originally on first base goes to third base and the batter is held at second base.
The term “when the wild throw was made” means when the throw actually left the player’s hand and not when the thrown ball hit the ground, passes a receiving fielder or goes out of play into the stands.
The position of the batter-runner at the time the wild throw left the thrower’s hand is the key in deciding the award of bases. If the batter-runner has not reached first base, the award is two bases at the time the pitch was made for all runners. The decision as to whether the batter-runner has reached first base before the throw is a judgment call.
If an unusual play arises where a first throw by an infielder goes into stands or dugout but the batter did not become a runner (such as catcher throwing ball into stands in attempt to get runner from third trying to score on passed ball or wild pitch) award of two bases shall be from the position of the runners at the time of the throw. (For the purpose of Rule 7.05 (g) a catcher is considered an infielder.)
PLAY. Runner on first base, batter hits a ball to the shortstop, who throws to second base too late to get runner at second, and second baseman throws toward first base after batter has crossed first base. Ruling—Runner at second scores. (On this play, only if batter-runner is past first base when throw is made is he awarded third base.)
(h) One base, if a ball, pitched to the batter, or thrown by the pitcher from his position on the pitcher’s plate to a base to catch a runner, goes into a stand or a bench, or over or through a field fence or backstop. The ball is dead;

APPROVED RULING: When a wild pitch or passed ball goes through or by the catcher, or deflects off the catcher, and goes directly into the dugout, stands, above the break, or any area where the ball is dead, the awarding of bases shall be one base. One base shall also be awarded if the pitcher while in contact with the rubber, throws to a base, and the throw goes directly into the stands or into any area where the ball is dead.
If, however, the pitched or thrown ball goes through or by the catcher or through the fielder, and remains on the playing field, and is subsequently kicked or deflected into the dugout, stands or other area where the ball is dead, the awarding of bases shall be two bases from position of runners at the time of the pitch or throw.
(i) One base, if the batter becomes a runner on Ball Four or Strike Three, when the pitch passes the catcher and lodges in the umpire’s mask or paraphernalia.
If the batter becomes a runner on a wild pitch which entitles the runners to advance one base, the batter-runner shall be entitled to first base only.

Rule 7.05(i) Comment: The fact a runner is awarded a base or bases without liability to be put out does not relieve him of the responsibility to touch the base he is awarded and all intervening bases. For example: batter hits a ground ball which an infielder throws into the stands but the batter-runner missed first base. He may be called out on appeal for missing first base after the ball is put in play even though he was “awarded” second base.
If a runner is forced to return to a base after a catch, he must retouch his original base even though, because of some ground rule or other rule, he is awarded additional bases. He may retouch while the ball is dead and the award is then made from his original base.
(j) One base, if a fielder deliberately touches a pitched ball with his cap, mask or any part of his uniform detached from its proper place on his person. The ball is in play, and the award is made from the position of the runner at the time the ball was touched

http://mlb.mlb.com/mlb/downloads/y2008/official_rules/07_the_runner.pdf

as you can plainly see, nothing has changed in the ground rules at all.

Consequently, A-Rod’s hit was either a ground rule double under rule 7.05, or it was a ball in play since it hit a media camera which was authorized to be in the field of play under rule 3.15. What it was not was a home run under either rule 6.09(d) or rule 7.05(a) or any other rule of baseball.

I’ve looked exhaustively and so have my sabrmetric friends, and there isn’t a rule in the book supporting what happened last night.

What happened also violates the laws of logic and violates the laws of physics. It violates the laws of logic, because the home run was created by an act of particular instantiation—abstract thought created a thing from a concept—what we in philosophy call a “unicorn”—which would make my old professor of logic at Harvard turn over twice—and violates Occam’s razor—that you don’t create needless entities through nominalism.

Instead, empiricism and realism dictate that a home run is a home run when we SEE and WITNESS that the ball goes over the fence—not that we imagine or suppose that it MIGHT have gone over the fence.

The problem with the umpires’ supposition last night is that it is what we call in philosophy a “modal” proposition, an “if….then” statement, that is conditional.

“If the camera were not there, then the ball would have flown over the fence.”

This can readily be recognized as a categorical statement of conditional form—namely, if there were no camera “x”, the trajectory of flight of the ball would have been different in form “y”.

The problem, as anyone knows, is that without an actual observation of same, there are a plethora of possible universes of possible “y’s”.

All we know is that the ball may or might have gone over the wall—or it may or might have bounced below the line and back onto the field. All we have is a possibility that it might have gone over the wall.

All conditionals are like this.

Moreover, accepting conditionals as true introduces a host of problems.

The medieval philosophers didn’t like conditionals, and neither should we.

It’s true that rule 9.03c states that

Each umpire has authority to rule on any point not specifically covered in these rules.

http://mlb.mlb.com/mlb/downloads/y2008/official_rules/09_the_umpire.pdf

however, in this case, the A-Rod double IS covered specifically by the baseball rules. There is no room for discretion or authority to rule.

Here’s what actually occurred before game 3 of the World Series according to the umpiring crew:

Indeed, umpire crew chief Gerry Davis said that his crew explored every inch of Citizens Bank Park prior to Game 3, spending time reviewing areas unique to the park. The right-field camera was one of the aspects they discussed.
“We tour the field during the series whenever we go to a new ballpark, and discuss specific ground rules and potential trouble areas just like that,” Davis said. “Because we cannot control what the cameraman does with the camera, one of the specific ground rules is when the ball hits the camera, [it’s a] home run.”
http://mlb.mlb.com/news/article.jsp?ymd=20091031&content_id=7586236&vkey=news_mlb

So, the umpiring crew themselves MADE UP THEIR OWN GROUND RULE that the camera, if it was hit, would be a home run.

That would be fine, except that it’s in direct violation of Baseball Rule 3.15, as cited above, supra, that a media photographic camera, if a ball strikes it, the ball is in play and NOT a home run.

The Umpires don’t have discretion to make a ground rule about that.

The statement made by Umpire Davis is totally and completely WRONG. The rules cover the situation of when a ball strikes a camera held by a camera man.

Let’s see the rule again:

3.15 No person shall be allowed on the playing field during a game except players and coaches in uniform, managers, news photographers authorized by the home team, umpires, officers of the law in uniform and watchmen or other employees of the home club. In case of unintentional interference with play by any person herein authorized to be on the playing field (except members of the offensive team participating in the game, or a coach in the coach’s box, or an umpire) the ball is alive and in play. If the interference is intentional, the ball shall be dead at the moment of the interference and the umpire shall impose such penalties as in his opinion will nullify the act of interference.

http://mlb.mlb.com/mlb/downloads/y2008/official_rules/03_game_preliminaries.pdf

Ok, then, cameramen, news photographers who unintentionally interfere with the ball, and the interference is unintentionall, the “ball is alive and in play.”

It’s not up to Davis and his crew to make up a ground rule there. It’s up to Davis and his crew to follow Rule 3.15. Rule 3.15 trumps Article 9 and the umpire discretion rules.

Now let’s discuss the instant replay rule.

Here’s the story on the instant replay rule adopted in September of 2008:

5. Instant replay
Main article: Instant replay
In November 2007, the general managers of Major League Baseball voted in favor of implementing instant replay reviews on boundary home run calls. [19] The proposal limited the use of instant replay to determining whether a boundary home run call is:
• A fair (home run) or foul ball
• A live ball (ball hit fence and rebounded onto the field), ground rule double (ball hit fence before leaving the field), or home run (ball hit some object beyond the fence while in flight)
• Spectator interference or home run (spectator touched ball after it broke the plane of the fence).
On August 28, 2008, instant replay review became available in MLB for reviewing calls in accordance with the above proposal. It was first utilized on September 3, 2008 in a game between the New York Yankees and the Tampa Bay Rays at Tropicana Field. [20] Alex Rodriguez of the Yankees hit what appeared to be a home run, but the ball hit a catwalk behind the foul pole. It was at first called a home run, until Tampa Bay manager Joe Maddon argued the call, and the umpires decided to review the play. After 2 minutes and 15 seconds, the umpires came back and ruled it a home run.
About two weeks later, on September 19, also at Tropicana Field, a boundary call was overturned for the first time. In this case, Carlos Peña of the Rays was given a ground rule double in a game against the Minnesota Twins after an umpire believed a fan reached into the field of play to catch a fly ball in right field. The umpires reviewed the play, determined the fan did not reach over the fence, and reversed the call, awarding Peña a home run.
Aside from the two aforementioned reviews at Tampa Bay, replay was used four more times in the 2008 MLB regular season: twice at Houston, once at Seattle, and once at San Francisco. The San Francisco incident is perhaps the most unusual. Bengie Molina, the Giants’ Catcher, hit what was first called a double. Molina then was replaced in the game by a pinch-runner before the umpires re-evaluated the call and ruled it a home run. In this instance though, Molina was not allowed to return to the game to complete the run, as he had already been replaced. Molina was credited with the home run, and two RBIs, but not for the run scored which went to the pinch-runner instead.
On October 31, 2009, in the fourth inning of Game 3 of the World Series, Alex Rodriguez hit a long fly ball that appeared to hit a camera protruding over the wall and into the field of play in deep left field. The ball ricocheted off the camera and re-entered the field, initially ruled a double. However, after the umpires consulted with each other after watching the instant replay, the hit was ruled a home run, marking the first time an instant replay home run was hit in a playoff game. [21]
Source:

http://wapedia.mobi/en/Home_run?t=3.

Citing to

• ESPN – GMs vote 25-5 to use replay to aid home run decisions – MLB
http://mlb.mlb.com/news/gameday_recap.jsp?ymd=20080903&content_id=3412731&vkey=recap&fext=.jsp&c_id=nyy
http://mlb.mlb.com/news/article.jsp?ymd=20091031&content_id=7586236&vkey=news_mlb

Now, let’s parse all this.

What instant replay boils down to is this.

A lawyer sits in Bud Selig’s offices in NYC and HE reviews the play and decides how it should be called.

The head of the umpiring crew calls NYC and asks the lawyer how the play should be ruled.

Then they decide.

Uh, what’s wrong with this picture if the NEW YORK YANKEES are one of the teams in the playoffs?

Let’s see, a NEW YORK LAWYER making the call? Against a PHILLY team?

Oh right, that would be really fair, impartial and just.

Incidentally, let’s review the rule again:

The proposal limited the use of instant replay to determining whether a boundary home run call is:
• A fair (home run) or foul ball
• A live ball (ball hit fence and rebounded onto the field), ground rule double (ball hit fence before leaving the field), or home run (ball hit some object beyond the fence while in flight)
• Spectator interference or home run (spectator touched ball after it broke the plane of the fence).
Id, supra.

Note that the ball has to hit an object BEYOND the fence while in flight.

Not in front of the fence, but BEYOND the fence.

This is completely consistent with Rules 6.09 and 7.05(a) which define a home run as one hit “over the fence in flight”.

The camera, in this case, was jutting out over the fence by a good five to ten feet.

So it was not beyond the fence, but on the field of play.

Second, because it was on the field of play, it was therefore a photographic interference under Rule 3.15, and should have been considered an unintentional interference, and a live ball in play under Rule 3.15.

Third, if not a live ball in play, then the ground rule double rule of 7.05 (b) et seq. comes into play.

What’s wrong with this picture?

THERE WAS NEVER ANY JURISDICTION FOR HOME RUN REVIEW UNDER THE HOME RUN INSTANT REPLAY RULE BECAUSE THE BALL HIT BY A ROD NEVER WENT OVER THE FENCE IN FLIGHT OR BEYOND THE FENCE.

Let’s review the criteria for instant replay;

1) is it fair or foul? Well, it was a fair ball. No need for instant replay.
2) Is it a live ball that hit the fence and bounced back to the field? No. No need for instant replay.

Was it a live ball that hit some object beyond the fence while in flight?

No. It never went beyond the fence. So no instant replay was required.

Well, it hit the camera==part of which was behind the fence, but the part of the camera the ball hit was NOT beyond the fence.

This is not a semantic issue, but a real rules issue, because if you start saying that balls that don’t go over the fence in flight are home runs, just because the umpires make up ground rules before the game to make them eligible for instant review, doesn’t make it so.

I think the key here is to parse the fact that the umpiring crew made a mistake before the game establishing false ground rules, by making a camera that jutted INTO the field, a candidate for HOME RUN instant replay.

That wasn’t their call to make.

Under the instant replay rule, the camera has to be entirely beyond the fence for them to make that decision, end of story.

Remember, the rule is to decide the boundary issue of when a ball has hit an object BEYOND the fence–not an object within the ballfield.

The Umps exceeded their rulemaking authority. Also, see #3, below, because there’s actually a different rule that applies to cameras that are in the field of play and not beyond the field of play, in which case the ball is either a ground rule double or in play. In either case the result is the same; arod at 2d, texeira at 3d.

3) There was not spectator interference, but rather, photographer interference under rule 3.15, which made it a live ball under the rules, and on the field of play.

Consequently, there was no jurisdiction for an instant reply. Rather, the umpires AGGREGATED and SEIZED inappropriately the jurisdiction for home run instant replay because they forgot their own rule book and the rules of baseball.

They got the call all wrong.

It’s an insult to our collective intelligence and our common sense to say that a ball that fell short of the wall, and never went over the wall, is a “fair ball” that “went over the fence in flight” or that after instant replay, was shown to have struct an object “beyond the fence” in flight. None of these things occured on arod’s hit.

And messed up a 25 year old kids’ no hitter in the processs.

Did they purposefully do it?

Did the NY Offices of baseball reverse the call to obstruct the Phillies from repeating?

I don’t know—go ask the Atlanta Braves. No one in Bud Selig’s office was happy when they went up 2-0 on the Yankees in 1996 either.

The Commissioner’s office basically wants LA or NY to win the series because that’s good for TV ratings.

They like to ignore Philly and Atlanta even though we’re much more rabid about baseball than New Yorkers, most of whom are too poor to afford to go to a game, whereas in Philly or Atlanta, it’s mostly the middle class who attend.

And if we have to cheat and violate the rules to make the Yankees winners, what the hay?

Just remember Curt Simmons’ draft notice, and Bud Selig’s ridiculous rain delay call in last year’s Game Five in Philly.

Definitely be sure there’s bias against the Phillies in NYC.

And of course, let’s not forget they used a single New York Lawyer as the judging panel for instant replay of a World Series play involving….

The New York Yankees.

Like that’s really fair.

This is the Second World Series in a row where Bud Selig has personally messed around with our ace, Cole Hamels, in a World Series game.

First was Game Five in World Series 2008, in which Cole Hamels was shutting the door down on Tampa Bay. Selig allowed the game to proceed in the rain, then let Tampa Bay score a cheap run in rain soaked conditions against Hamels, a cheap run in conditions not fit to play in, and then Selig announced the game would be suspended—a first in Series history—which infuriated not only the Phillies, but Hamels, who had pitched well enough to win. Last year the story line was supposed to be tampa bay to win, cindarella, last place to world champions. New york didn’t want philly winning.

Conspiracy theorists, you are right if you think Selig hates Hamels.

And now this year, Selig sends Davis and an experienced umpiring crew out, and they set up illegal ground rules, and use the first chance they get, to award a two run instant replay home run—an existential, instantiated home run—an abstraction if you will, because nothing ever left the park or ever went over the fence in flight—for the sole purpose of screwing up Cole Hamels’ game in game 3, the pivotal game of the 2009 world series.

I need not point out how furious Hamels must have been with all this BS; for the second year in a row, he’s been messed with, not by the opposing lineup, but by lawyers and umpires and the commissioners’ office. They just won’t let him do his job.

I understand why he might have hung a few curves the next inning to Swisher and Damon.

What I don’t understand is why the Phillies don’t aggressively move

1) for Bud Selig’s immediate ouster as Commissioner of Baseball; and
2) an immediate amendment of the baseball instant replay rule requiring that the review of plays always be done in a neutral city by an impartial panel of three arbitrators, not lawyers, with one chosen by each team and the third chosen by the other two.
3) And the umpiring crew and ground rules be reviewed two weeks in advance of the World Series by the front office of each team, and by the teams attorneys, to be sure there are no conflicts with the Rules of Baseball.

Even my 80 year old mother in law, who just had eye surgery, who watched the game last night, and used to be a Brooklyn Dodger fan from Brooklyn, saw the play last night and she knew that the A-Rod hit wasn’t a home run.

“it didn’t go out of the park” she said. “how could it be a home run?”

Exactly. To be a home run, under rule 7.05(a), and in the common sense of every fan, a home run must go over the fence in flight.

And to be a home run for instant replay purposes, it has to go over the fence in flight and THEN hit some object.

Not hit some object which inteferes with the ball from going over the fence in flight. That’s a ground rule double or a ball live in play, as we have seen from our discussion, at length, of the rules.

The difference last night was two runs.

But the difference, from our perspective, is the lawlessness of the Bud Selig regime.

A regime which bars Pete Rose from the Hall of Fame, but tolerates steroid use by the likes of A-Rod and David Ortiz, and turns a blind eye to the income inequalities between teams like the Yankees and the Twins that keep baseball from truly being competitive.

A regime which makes arbitrary and capricious decisions each and every year about rain delays, rain suspensions, instant replay home runs in the World Series, and which plays games of law and fate which affect a man’s life and career in the case of Cole Hamels, who is a truly great pitcher along the lines of a Steve Carlton.

In fact, if you study Hamels stats, you will see that his 2009 is to his 2008, as Carlton’s 1973 was to Carlton’s Cy Young 1972.

I expect Cole Hamels to have a very bright future.

And he will not take much more of this abuse from Bud Selig and his cronies.

And neither should we philly fans.

And New York Yankee fans, you are cheating to win.

And to think I actually shed tears for you guys on 9/11.

And by the way, your NY Giants got rolled by the Eagles. At least the NFL runs a fair league. Thank you Pete Rozelle Paul Tagliabue and your successors.

Guess those memories of Joe Namath are starting to fade, eh?

–art kyriazis, philly
home of the world champion phillies, 2008 world champions
2008, 2009 National League pennant champs