University of Wisconsin-Milwaukee Archives Department.

Stafford, Rosenbaum, Rieser, and Hansen (Law firm).

State of Wisconsin vs. Milwaukee Braves et al. records, 1953-1966.

Milwaukee Manuscript Collection 93

5.2 cubic ft. (13 archives boxes)

ABSTRACT: Legal papers, trial transcripts, memoranda, exhibits, correspondence, and reference material created and collected by Willard S. Stafford and other members of the law firm of Stafford, Rosenbaum, Rieser, and Hansen, in preparation for the 1966 trial of the Case State of Wisconsin vs. Milwaukee Braves, Inc., et al. The case involved Wisconsin's attempt to prevent the Braves National League baseball team from moving to Atlanta. Stafford served as special counsel to the state attorney general (plaintiff) during the trial of alleged violations of the state's anti-trust laws. The collection provides a complete record of the trial from the point of view of the plaintiff in the case, and illustrates the legal strategies devised by Stafford and the State. Although the State won a judgment in the circuit court, the Braves successfully appealed to the Wisconsin Supreme Court. The State then took the case to the U. S. Supreme Court, which refused to hear the matter.

ACCESS RESTRICTIONS: There are no access restrictions on the materials, and the collection is open to all members of the public in accordance with state law. However, the researcher assumes full responsibility for conforming with the laws of libel, privacy, and copyright which may be involved in the use of this collection (Wisconsin Statutes 19.21-19.39).

SCOPE AND CONTENT: The collection is comprised entirely of legal papers, transcripts, legal memoranda, research material, and correspondence created or gathered for use by the State of Wisconsin in its lawsuit. Although much of the collection contains items available elsewhere in the public record, it is retained here to complete the record of the trial from the point of view of the plaintiff in the case. The inclusion of documentation compiled by Willard Stafford and members of his law firm illustrates the legal strategies devised by the attorneys for the State. These documents, as well as those materials never entered into the official record, such as correspondence, memoranda created within the law firm, and exhibits not presented at trial, are available nowhere else or only in the records of the defendants.

The papers have been arranged approximately in the order they were created during the lawsuit and preparations for trial, with the exception of correspondence written throughout the proceedings, which is filed first. Following correspondence are the pleadings, with an index, an attorney's timetable of work in the case, and the preliminary legal motions, orders, briefs, and transcripts regarding the defendants' attempt to remove the case from the state circuit court to the federal district court. After remand to state circuit court, the parties made motions for dismissal of the case and for various orders and injunctions, filed briefs and memoranda of law, and prepared to take depositions from witnesses. At this point, the plaintiff's attorneys began to collect reference material for use in formulating questions to be asked at depositions and at trial, and in drafting trial briefs. Among the reference material collected are statistics, statements, and reports pertaining to the impact of major league baseball on the city and county of Milwaukee and the effects of the departure of the Braves to Atlanta; other financial information, a few yearbooks, newspaper clippings, playing schedules, and information about Milwaukee County Stadium.

The attorneys also collected quantities of records of all types for possible use as exhibits to prove points at trial. The collection includes an index to exhibits used, exhibits, and folders of material apparently considered for use as exhibits, but never submitted at trial. All of the exhibit material has been photocopied from originals located elsewhere, including the files of the defendants. It is unclear precisely for what reason the series of files labeled "F" and "G" were created. Also in this portion of the collection are attorney's memoranda, drafted within the law firm for the use of the attorneys.

In preparation for the actual trial, the attorneys drafted an opening statement to the court, and planned for the oral argument; these are illustrated in a file of drafts and notes. The proceedings of the trial are well illustrated in the transcript, dating from March 1 to April 1, 1966, supplemented by the plaintiff's trial brief and appendix of evidence, April 6, 1966. The judge's decision is fully explained in his memorandum decision of April 13, 1966, following which there are a few motions concerning the implementation of his ruling or requests to prevent implementation.

The records of the appellate proceedings are somewhat similar, although much abbreviated. For the appeal to the Wisconsin Supreme Court, there are appellants' (State of Wisconsin) and respondents' (Milwaukee Braves and other defendants) briefs, and the Court's majority and dissenting opinions. Likewise, from proceedings held in United States Supreme Court, there are correspondence and a memorandum requesting permission to apply for a writ of certiorari, cases and notes collected by the appellant State of Wisconsin for its brief to the Court, drafts and a printed copy of the respondents' petition requesting the writ, a brief in opposition to the writ, and a petition to the Court seeking rehearing of the Court's order denying the writ.

ADMINISTRATIVE HISTORY: On March 18, 1953, the clubs of professional baseball's National League unanimously agreed to the transfer of the Braves franchise from Boston to Milwaukee. The Braves played their opening game at Milwaukee on April 14, 1953, and during the ensuing 12 seasons the team played before a home attendance of 18,996,059, or an annual average of 1,583,000 fans. In 1953, attendance reached 1,826,397, when the Braves finished in second place in the League. Attendance topped 2,000,000 in each of the following four years, when the Braves were third, second, second, and first place in the League. In 1958, when the Braves again won the pennant, attendance was 1,971,101. Beginning the next year, however, the Braves dropped in the standings and attendance fell considerably. Although not directly referred to as an element of the legal case, the lagging attendance in Milwaukee was a major reason for the team's move to Atlanta, located in a growing area of the country then without a major league baseball team.

In 1962, a new corporation acquired the team and franchise for $6,218,480. Attendance increased during the next two years, although the team's standings did not. On October 21, 1964, the team's board of directors voted to request the National League's permission to transfer the franchise to Atlanta. The other nine clubs of the National League authorized the transfer, effective with the 1966 season. The club's offices were moved to Atlanta in 1966, and the team played its home games there.

The State of Wisconsin sued the Braves, the National League, and the corporate owners of the clubs of the National League, in state circuit court on August 6, 1965, charging a violation of the state's anti-trust laws. (The full title of case was: State of Wisconsin vs. Milwaukee Braves, Inc.; Chicago National League Ball Club; Cincinnati Reds, Inc.; Houston Sports Association, Inc.; Los Angeles Dodgers, Inc.; Metropolitan Baseball Club, Inc.; Philadelphia National League Club; St. Louis National Baseball Club, Inc.; Pittsburgh Athletic Co., Inc.; National Exhibition Co., Inc.; National League of Professional Baseball Clubs, an unincorporated association.) On August 26, 1965, the defendant clubs and league petitioned to remove the case to the United States District Court for the Eastern District of Wisconsin; the State moved to remand the case to circuit court five days later. Following remand of the case to the circuit court on November 9, and preliminary legal skirmishing, the issues were tried without a jury in April 1966.

In its argument, the State charged that the defendants, who held a monopoly in the field of major league baseball, had agreed to shut down baseball in Milwaukee in restraint of trade and commerce in violation of the State's anti-trust laws. The plaintiffs sought monetary damages, a restraining order preventing the Braves' move to Atlanta, and a permanent injunction requiring the defendants to grant a new franchise to Milwaukee or permit purchase of the Braves by local interests. The State alleged that the National and American Leagues and their member clubs had engaged in a group boycott of applicants for a franchise to continue major league baseball in Milwaukee. Willard S. Stafford, of Stafford, Rosenbaum, Rieser, and Hansen law firm, was special counsel for the State of Wisconsin (acting through the Attorney General's office) during this action.

In an April 13, 1966, decision Judge Elmer W. Roller found that the defendants had violated the State's anti-trust laws (1963 Wisconsin Statutes Sect. 133.01), and awarded the plaintiff a judgment of $5,000 against each defendant. The court also restrained and enjoined the Braves from playing in any city other than Milwaukee, then stayed the order pending submission of a written plan for expansion of the National League to permit major league baseball to be played in Milwaukee in 1967.

The Milwaukee Braves and other defendants-appellants appealed to the Wisconsin Supreme Court, where the judgment was reversed. The majority was divided on the reasoning for its decision; some members concluded that the federal law preempted the operation of Wisconsin anti-trust statutes, which thus could not be applied to the defendants-appellants, while other justices felt that enforcement of the State's anti-trust laws would unconstitutionally burden interstate commerce.

In December 1966, the State of Wisconsin petitioned unsuccessfully for a writ of certiorari to take the case to the U.S. Supreme Court. After that petition was denied, the State then petitioned unsuccessfully for rehearing on the Court's order, and the case was ended.

COLLECTION CITATION: This collection should be cited as:

Stafford, Rosenbaum, Rieser, and Hansen (Law firm). State of Wisconsin vs. Milwaukee Braves et al. records, 1953-1966. Milwaukee Manuscript Collection 93. Wisconsin Historical Society. Milwaukee Area Research Center. UWM Libraries. University of Wisconsin--Milwaukee.

ACQUISITION: Presented by Stafford, Rosenbaum, Rieser and Hansen of Madison, Wisconsin in 1984 (accession number M84-093).

PROCESSING: Processed by Bruce Lee Siebers and Joanne Hohler in November 1984, and by Menzi Behrnd-Klodt in April 1986.

MARC RECORD SEARCH TERMS: The following terms were used in the online bibliographic MARC record to this collection:

Stafford, Willard S.
Wisconsin. Circuit Court (Milwaukee County).
Wisconsin. Supreme Court.
Milwaukee Braves (Baseball team)

MILWAUKEE MANUSCRIPT COLLECTION 93	BOX	FOLDER
Attorney's Timetable, 1965	1	5
Correspondence, 1965-1966, 1971	1	1-2
Pleadings and Index, 1965, 1966	1	3-4
U.S. District Court, Defendant's Brief on Right to Discovery in Support of Removal Petition, Post-September 10, 1965; Plaintiff's Reply Brief, undated	1	7
U.S. District Court, Order Regarding Schedule of Discovery, 1965	1	6
U.S. District Court, Plaintiff's Brief and Memorandum on Motion to Remand; Defendant's Brief in Opposition, 1965	1	8
U.S. District Court, Transcript of Proceedings upon Oral Opinion of the Court, 1965	1	10
U.S. District Court, Transcript of Proceedings upon Plaintiff's Motion to Remand, 1965	1	9
U.S. Supreme Court, Cases and Notes Collected for Brief on Writ of Certiorari, undated	13	2
U.S. Supreme Court, Correspondence and Memorandum on Writ of Certiorari, 1966	13	1
U.S. Supreme Court, Drafts of Petitions for Certiorari, Associated Correspondence, 1966	13	3-4
U.S. Supreme Court, Petition and Appendix for a Writ of Certiorari, 1966	13	6
U.S. Supreme Court, Petition for Certiorari Page Proofs (Annotated), undated	13	5
U.S. Supreme Court, Petition for Rehearing of Order Denying Petition for Writ of Certiorari, Drafts, and Memoranda, 1966	13	9
U.S. Supreme Court, Reply Brief for Petitioner; Amicus Curiae Brief, undated	13	8
U.S. Supreme Court, Respondents' Brief in Opposition to Petition for Certiorari, 1966	13	7
Wisconsin Circuit Court, Appendix to Plaintiff's Trial Brief: The Evidence Which Proves the Allegations, 1966	12	1
Wisconsin Circuit Court, Branch 5, Civil Division, Milwaukee County, Brief in Opposition to Defendants' Motion to Suppress Deposition of Richard Cecil, Post-November 18, 1965; Memorandum Decision on Motions of Depositions, 1965	1	11
Wisconsin Circuit Court, Defendant's Outline and Table of Cases in Support of Demurrer, Brief of Defendants, 1965	1	15
Wisconsin Circuit Court, Documents Collected during Plaintiff's Preparation for Trial, List of Documents Submitted to Defendants, 1966	2	7
Wisconsin Circuit Court, Documents Collected during Plaintiff's Preparation for Trial, Questions for Depositions, undated	2	8
Wisconsin Circuit Court, Documents Collected during Plaintiff's Preparation for Trial, Depositions and Digest of Depositions, 1966	2	9
Wisconsin Circuit Court, Documents Collected during Plaintiff's Preparation for Trial, Economic Impact Data, undated	2	10
Wisconsin Circuit Court, Documents Collected during Plaintiff's Preparation for Trial, Economic Reports, "An Analysis of the Milwaukee Market for Major League Baseball," by Robert R. Nathan, February 1966 [MISSING]; "Analysis of Economic and Business Factors Relating to the Decision to Move the Braves From Milwaukee to Atlanta," by Arthur D. Little, Inc., 1966	2	11
Wisconsin Circuit Court, Documents Collected during Plaintiff's Preparation for Trial, Examination of David R. Williams, Jr., Concerning Gas Pipeline Construction Costs near Milwaukee County Stadium, 1966	2	12
Wisconsin Circuit Court, Documents Collected during Plaintiff's Preparation for Trial, Index to Exhibits, undated	3	1
Wisconsin Circuit Court, Documents Collected during Plaintiff's Preparation for Trial, Exhibits, 1952-1966	3	2-5
Wisconsin Circuit Court, Documents Collected during Plaintiff's Preparation for Trial, Exhibits, numbered F1-F312, undated	3	6-7
Wisconsin Circuit Court, Documents Collected during Plaintiff's Preparation for Trial, Exhibits, Numbered G1-G591, and Unnumbered Exhibits, undated	4	1-4
Wisconsin Circuit Court, Documents Collected during Plaintiff's Preparation for Trial, Financial Information, 1953-1966	4	5
Wisconsin Circuit Court, Documents Collected during Plaintiff's Preparation for Trial, Attorneys' Memoranda, 1965-1966, undated	4	6
Wisconsin Circuit Court, Documents Collected during Plaintiff's Preparation for Trial, Miscellaneous, Scorecard, 1962; Yearbooks, 1964-1965	5	1
Wisconsin Circuit Court, Documents Collected during Plaintiff's Preparation for Trial, Newspaper Clippings, undated	5	2
Wisconsin Circuit Court, Documents Collected during Plaintiff's Preparation for Trial, Research Materials, undated	5	3-5
Wisconsin Circuit Court, Documents Collected during Plaintiff's Preparation for Trial, Schedules, 1966	5	6
Wisconsin Circuit Court, Documents Collected during Plaintiff's Preparation for Trial, Milwaukee County Stadium Information and Statistics, 1953-1966	5	7
Wisconsin Circuit Court, Documents Collected during Plaintiff's Preparation for Trial, Memorandum Decision and Order Denying Plaintiff's Motion to Quash Subpoena Duces Tecum, 1966; Memorandum Decisions,1966, Memorandum Decision Regarding Certification of Questions, 1966	5	8
Wisconsin Circuit Court, Documents Collected during Plaintiff's Preparation for Trial, Oral Argument, Outline for Oral Argument, Opening Statement, Notes, undated	5	9
Wisconsin Circuit Court, Draft Motion for Leave to Intervene, 1966	12	6
Wisconsin Circuit Court, March 10, 11; Transcript of Testimony of William L. Veeck, December 21-22, 1965, Entered Into Proceedings, 1966	7	1-6
Wisconsin Circuit Court, Memorandum Decision and Order Granting Temporary Restraining Order, 1966	2	5
Wisconsin Circuit Court, Memorandum Decision, 1966	12	3
Wisconsin Circuit Court, Memorandum Decision Denying Defendants' Motion for Stay, May 12, 1966; Memorandum Decision Denying Defendants' Motion to Vacate Judgment and For a New Trial, May 21, 1966; Memorandum Decision Granting Stay, 1966	12	8
Wisconsin Circuit Court, Memorandum Decision on Defendants' Demurrers, 1966	2	4
Wisconsin Circuit Court, Memorandum Decision, Objection to Plaintiff's Proposed Bill of Costs, May 2, 1966	12	5
Wisconsin Circuit Court, Memorandum Decisions re: Various Motions, 1965	1	14
Wisconsin Circuit Court, Memorandum in Opposition to Proposed Bill of Costs, 1966	12	4
Wisconsin Circuit Court, Memorandum of Law in Support of Defendants', Application to Vacate Temporary Injunctive Order, Post-January 26, 1966	2	6
Wisconsin Circuit Court, Notices and Subpoenas, 1965-1966	1	12
Wisconsin Circuit Court, Orders, 1966	2	3
Wisconsin Circuit Court, Plaintiff's and Defendant's Proposed Conclusions of Law and Findings of Fact, 1966	12	2
Wisconsin Circuit Court, Plaintiff's Brief in Opposition to Motion for Stay, Post-April 13, 1966	12	7
Wisconsin Circuit Court, Plaintiff's Memorandum of Law in Opposition to Defendant's Request for a Continuance, 1965	1	13
Wisconsin Circuit Court, Plaintiff's Memorandum of Law on Application for Temporary Restraining Order; Plaintiff's Memorandum of Points and Authority; Defendant's Memorandum of Law in Opposition to Plaintiff's Application; Defendant's Memorandum of Points and Authorities, 1966	2	2
Wisconsin Circuit Court, Plaintiff's Reply Brief in Opposition to Demurrers; Plaintiff's Answer to Defendant's Reply Brief in Opposition to Demurrers, undated	2	1
Wisconsin Circuit Court, Plaintiff's Trial Brief, April 6, 1966; Appendix to Plaintiff's Informal Trial Brief, undated	11	6
Wisconsin Circuit Court, Plaintiff's Trial Brief Drafts, 1966	11	5
Wisconsin Circuit Court, Questions and Strategy for Examining R. A. Wipperman, 1966	5	10
Wisconsin Circuit Court, Transcript of Proceedings, 1966	5	11-12
Wisconsin Circuit Court, Transcript of Proceedings, March 1966	6	1-5
Wisconsin Circuit Court, Transcript of Proceedings, 1966	8	1-6
Wisconsin Circuit Court, Transcript of Proceedings, 1966	9	1-5
Wisconsin Circuit Court, Transcript of Proceedings, 1966	10	1-5
Wisconsin Circuit Court, Transcript of Proceedings, 1966	11	1-4
Wisconsin Supreme Court, Appellant's and Respondents' Briefs, 1966	12	9
Wisconsin Supreme Court, Majority and Dissenting Opinions, 1966	12	11
Wisconsin Supreme Court, Respondents' Brief , 1966; Reply Brief of Appellants,1966	12	10