European Stars and Stripes (Newspaper) - July 12, 1994, Darmstadt, Hesse                                Tuesday july 12, 1994 i commentary the stars and stripes Page 13 . I restores sense to William f. Buckley it is hard to believe that the whole of Justice minded America stood by breathlessly wondering whether the judge in los Angeles would actually throw out As admissible evidence the bloodied Glove apparently belonging to the person who killed Nicole Simpson and her visitor. Commentary the night before by fourth amendment cultists crowed Over what they anticipated As a Victory. A Victory for what exactly a it is As simple As this a lawyer William Kunstler announced on Larry Kings program in words to this effect. A either you believe in the fourth amendment or you do not believe in the. Fourth  Well there Are those who both believe in the fourth amendment and believe that the bloodied Glove discarded near the murder site is Lichtly used As evidence against an accused. It is Odd How i attentively commentators referred to the fourth amendment which guarantees against a unreasonable searches and  the operative word surely is a unreasonable a and while the detectives who spotted the Glove might be reproached for not routinely calling in to a judge to get a warrant to search this would be on the order of upbraiding a combat Soldier for forgetting to Shine his shoes. To suggest they were violating a constitutional right is voodoo constitutionalism. No doubt someone will relieve judge Kathleen Kennedy Powell of the Burden of giving a common sense ruling by Quot my from a former chief Justice of California. Roger Traynor wrote in 1955 people is. Cahan a the rules of evidence Are designed to enable the court to reach the truth and in criminal cases to secure a fair trial to those accused of crime. Evidence obtained by an illegal search and seizure is ordinarily just As True and reliable As evidence lawfully obtained. The court needs All reliable evidence material to the Issue i be he Kip the Tidence. When s the before it the guilt or innocence of the accused. How such evidence is obtained is immaterial to that Issue. It should not be excluded unless Strong considerations of Public policy demand  what happened after 1955 is of course the evolution of the exclusionary Rule some of whose partisans wished to take it to such lengths As to Eliot innate consideration of the bloody Glove. One observer of american judicial practice after the Warren court decisions remarked a Only a system with limitless patience with irrationality could tolerate the fact that where there has been one wrong the defendants he will be punished but where there have been two wrongs a the defendants and the police officers a both will go  the utter confusion engendered by some of the Warren Coutt rulings is nicely portrayed in Coolidge is. New Hampshire 1971. Get this the police suspecting Coolidge of a brutal murder went to interrogate his wife. Outside the House sat a car answering the description of the murderers car. The police opened the door to take a look. They pulled out evidence of Coolidge a a guilt. Everyone conceded As they a have done in the . Simpson Case that if a magistrate had been there head have issued a warrant to search the car. A 1. A. A a Well Coolidge was convicted. But then citing As inadmissible the evidence taken from the car the higher court reversed the plurality opinion of Justice Potter Stewart referred to the constitutional provision on the subject As an a Uncertain  the Warren court had overruled itself 27 times in its own decisions on search and seizure. In Coolidge a dissenting opinion by Justice Byron White criticized the plurality opinion not merely As a unexplained a but As  Stewart described Whites opinion in turn As  separate opinions by justices Hugo Black and John Harlan disagreed with the fundamental rationale of the plurality opinion Harlan noting that the Law on search and seizure needed an  it is into that degree of confusion that the defense lawyers sought to sink judge Kennedy Powell. She resisted by using everyday language based on common experience common reflexes. The notion that the two detectives were storm trooping their Way into the private residence of . Simpson is insanely inappropriate under the circumstances. The planted axiom of the defense is that any search is a a unreasonable if a warrant Hasni to been issued authorizing the search. To give such sacramental meaning to a magistrates warrant is once again to engage in Legal sophistry. Anyone who thinks of. Simpson is not getting a fair hearing is out of this world. C Ufa Wal press Syndicate lot of Money on plate if players a poor Cleveland. The indians have not been in a world series for 40 years have not finished within 10 games of first for 35 years and today they Are As this is written in first but a strike by players May truncate the season preventing the world series. The players average salary is $1.2 million but the median salary is just $410,000, not so much for people with Short careers at the Peak of a $1.8 billion Industry. The players May strike not to enforce new demands but to protect the status quo under which this year they will get 58 percent of baseball a Gross revenues up from 41 percent just five years ago. Nineteen owners say they Are losing Money As the 28 teams earn their significantly unequal portions of the $1.8 billion in revenues a a sum until recently beyond the dreams of baseball avarice. National television revenues this year May be half what they recently were but baseball has set attendance records in 10 of the last 12 years. Three Parks a Toronto a Atlanta a and Baltimore so Are almost sold out for this season. Baseball a Basic asset the franchise has appreciated handsomely. The orioles sold for $12 million in 1979, $70 million in 1988 and $173 million in 1993. The Florida and Colorado expansion owners paid a $95 million entry fee and when baseball soon expands again people will pay even More. Baseball a troubling asymmetry is that the Price of players is set by a National Market but teams revenues reflect vast local disparities particularly regarding local broadcast revenues. The owners and players agree there should be More Revenue sharing among the clubs. However the owners have made their sharing proposal contingent on the players acceptance of a Cap on the total salaries teams can pay limiting the players to 50 percent of baseball a Gross. The players respond that the owners Are just trying to share the players reve Nues and that the owners Only want a Cap that will set the aggregate compensation of players below where the Market sets it. The owners took a year and a half after reopening the labor agreement to propose the loathed salary Cap leaving the players two months to capitulate or strike. If the players play out the season without an agreement the owners can seek government confirmation that an impasse exists and then impose a Cap and much else. Under the owners new rules eight owners can Block a settlement and perhaps that Many owners would profit from a strike by losing Ess than they Are losing while playing. The seven most recent negotiations 1972, 1973, 1976, 1980, 1981, 1985, 1990 involved work stoppages and the owners lost every time. This time will be different say the owners As they do every time. The players say the owners yet again Are making too much Money to strike �?-1 for Long. The owners forget that the players Are successful players because they Are intense competitors who hate to lose. Furthermore they have shown through their Union a concern for coming generations of players. They have been willing to make sacrifices rather than yield ground gained against employers who were arrogant before players won the right of free Agency and corrupt after. Remember the owners illegal collusion against free agents Cost the owners $280 million in damages to players while players salaries have soared so have revenues to $1.8 billion from just $625 million in 1985, the George f. Will year owners first said a salary Cap was imperative. When free Agency arrived the owners predicted that big Market teams would destroy competitive balance by cornering the Market on Talent. In fact free Agency has coincided with unprecedented competitive balance and none of the six teams in new York Chicago and los Angeles has recently done As Well As the twice world Champion 1987,1991 Minnesota twins whose Market contains More Walleye Pike than people the Yankees have More than 10 times the local broadcast Revenue that the twins have. Atlanta a braves owned by a billionaire and backed by a superstition have a payroll of $52 million about $39 million More than san Diego a padres. Although payroll disparities have been essentially unchanged since 1984, the owners Are right that such disparities Are unhealthy. _ perhaps no reasonable Revenue sharing plan a one that permits sufficient inequalities to Reward entrepreneurship and leaves Large incentives for winning a can save the teams in some markets. Still Why. Should the players subsidize with a salary Cap any teams while the owners control the number location and ownership of the teams perhaps the san Francisco area cannot support both the giants and Oakland athletics. But when the giants were about to be moved to Tampa the owners without consulting the players who Are now asked to become subsidize vetoed the Sale. A a and what of the fans now facing the eighth interruption of baseball in 22 years Many agree with the former Pitcher Jim Bouton a while the players done to deserve All that Money the of Mars done to deserve it even  c Washington Post