Two

The Formation of a New League, Rules, Constitution, Referees and More

Once the ABL had its eight teams, Saperstein started in at his usual enterprises, that is, doing three things (or more) at once. He needed to devise rules, organize a draft and free agent signings, and get a league schedule at the same time that he was both running the Globetrotters and getting his own franchise (initially San Francisco, later Chicago) up and running. He elicited input from his many friends across the country—sportswriters, entrepreneurs, sports administrators and observers. Don Murphy, a Chicago acquaintance, sent suggestions regarding franchise operations. Most pertained to stadium seating, playing dates, franchise sponsorship by locals and travel. Some were simply too offbeat to be seriously examined, such as playing most of the ABL games in the afternoon in order to attract businessmen and fill local daytime television schedules. One, however, must have struck a chord with Saperstein, the aspect of reducing travel costs. Murphy suggested playing two games in a row in the same town, which would also enhance publicity focus, which worked well in baseball. This resonated with Saperstein, especially with the “problem” of Hawaii being such a far distance to travel for just a game.¹ Ultimately, what was adopted was a system similar to what the old National Basketball League had adopted in 1948-1949 when Denver entered the league and the next closest city was Waterloo, Iowa. In the NBL that year teams would travel to Denver for two or three games, while Denver had a seven- or eight-game home stand. The downside for them was that the Denver team then had eight games or longer road trips.²

A major difference in 1961 was that teams were now flying to many more contests, rather than taking trains as most had done in the 1940s and early 1950s. Obviously, the improved air travel made a team in Hawaii much more feasible than it had ever been before.

Saperstein was also trying to contend with sniping at the new league from various quarters, and he sometimes responded in a less-than-polite manner. He complained to his friend, Seymour Smith, about knocking his new league, but Smith, hurt rather than chastened, responded to Saperstein with a note of clarification. In it he said that it was not he (Smith) that was questioning the character and quality of the new league, but rather someone (not named) in Baltimore who saw accusations of the new ABL raiding the Baltimore Bullets’ roster as good publicity for the Bullets, who were “in desperate need of publicity.”

Smith went on to say that they (at the Baltimore Morning Sun) had actually been giving the league very favorable publicity and that Buddy Jeannette (the current Bullets coach) was interested in coaching in the ABL. Smith also mentioned players whom he thought would be interested in getting a chance to play in the ABL. These included Guy Sparrow, Herschell Turner, and three others–McCann, Scott and Turmon—as well as Kelly Coleman, whom the new Chicago NBA team had contacted.³

Saperstein followed up with a request for addresses/phone numbers for both Sparrow and Turner, and Smith complied. Saperstein went off to Europe again and wrote to Smith in June from Budapest, but was mesmerized by his visit to Auschwitz and mentioned little about basketball.⁴

Earlier in the spring, the ABL draft had been held and yielded these top players for the various teams. Walt Bellamy was the number-one choice by Cleveland, and he was traded to the Chicago Majors for Hank Whitney, the Majors’ territorial pick out of Iowa State. Bellamy, however, was also the top pick of the NBA draft, taken by the new Chicago expansion franchise, and he chose to sign with the NBA’s Chicago Packers. The top pick for the Majors (at #3) whom they were able to sign and who made their team was John Wessels from Illinois. Cleveland signed their top pick, Larry Siegfried from 1960 NCAA champion Ohio State. Pittsburgh drafted and signed Tony Jackson, whom they traded to the D.C. Tapers and who later was traded to the Chicago Majors. Jackson had been implicated in the college basketball scandals of that time, accused of not reporting a bribe to “shave points” on his St. John’s team. He had been “blacklisted” by the NBA. Washington had selected Doug Moe, also named in these same scandals, but he chose not to sign with the ABL. The Tapers also selected and signed Roger Kaiser from Georgia Tech, a good shooter, considered too short and slow for the NBA, although he had gone to training camp with Chicago. Kansas City drafted and signed Bill Bridges from Kansas University, while neither Los Angeles nor Hawaii signed a top college pick. The L.A. Jets had selected Rafer Johnson, the Olympic decathlon champion in 1960, but that was more a public relations stunt than a serious pursuit.⁵

Most of the ABL rosters would be filled out by former NIBL players, former Eastern League players and former NBA players who had been cut or, in a few instances, were signed to competitive contracts by the ABL. These latter signings almost always ended up in court, and some were accompanied by injunctions that prevented the former NBA player from playing in the ABL until settlements had been reached by the courts. Former NBA players who were signed after not getting an NBA contract for 1961-1962 included Gene Tormohlen and Larry Staverman of the Kansas City Steers, Archie Dees of Cleveland, Connie Dierking of Washington, and Hal Lear and George Yardley of Los Angeles. Yardley had actually retired a year earlier, but would play for L.A. only on home stands, so he could continue his “day job” as a mechanical engineer. Other former NBA players signed by the ABL included Nathaniel “Sweetwater” Clifton for Chicago as well as Mike Farmer and Kenny Sears of the San Francisco Saints, both of whom were still being pursued by their former NBA teams. Dick Barnett was also the object of the Cleveland Pipers and the Syracuse Nationals. Besides Jackson, the other top players signed by the ABL and blacklisted by the NBA were Connie Hawkins and Bill Spivey. Spivey, an All-American player at Kentucky, had been implicated in, but never convicted of, “point shaving” in the early 1950s and had played pro ball in the Eastern League for ten years. Hawkins was just 19 and had never played for the University of Iowa, but he was tainted by not reporting a bribe when he was a freshman at Iowa (and not eligible for the varsity).

Saperstein, meanwhile, was working on a league constitution, which was presented to the league owners in the spring of 1961, amended in the summer, and approved as amended in July of 1961. The document is 26 pages long. Most of it is standard constitutional fare, but there were instances that needed to be explicated because of the unusual situation facing the start-up of the league. Saperstein was elected commissioner and Alan Bloch (league attorney) was elected both deputy commissioner and secretary treasurer. These would only be allowed for two years since both had stock in the Chicago Majors. The constitution prohibited the commissioner and deputy commissioner from having a proprietary interest in any league team, but Saperstein and Bloch were exempted for the first two years of the league, after which the Board of Directors could vote to make them choose one or the other.⁶ A number of the constitutional sections reflected discussions that Saperstein had with colleagues in the prior two years, especially Harry Glickman. Gate receipts from the games were to be split 20 percent to the visiting team and 5 percent to the league with the remainder to the home team. The Pittsburgh situation was such that the 5 percent requirement was eliminated before the season started, and this did not bode well for the league.⁷ It was raised by the Pittsburgh management, and Saperstein supported the waiver in a note sent in July from Bruges, Belgium, by Allan Bloch.⁸

At a meeting in Chicago on August 3, 1961, the American Basketball League was officially organized with eight teams and eight designated directors, one from each club.⁹ By this time, there had been a switch in ownership for the Chicago and San Francisco franchises. Originally, Saperstein had taken the San Francisco franchise, but he then traded his franchise to George McKeon for the Chicago franchise. There is no explanation in the Saperstein papers, but in 1970 the action was explained in a tax case that Saperstein (and subsequently his heirs) had brought. (Saperstein died in 1966 at age 65.) In the case, Saperstein’s heirs petitioned to have his loans to the ABL during the 1961-1962 life of the league declared business debts (and they subsequently were), rather than non-business debts. The court summarized how Saperstein became the Chicago owner.

The ABL had its share of organizational problems in the winter of 1960. Morrie Shneer, executive vice-president of Son-Mark Industries, Inc. (hereinafter Son-Mark), which had agreed to take over the Chicago franchise, notified Abe Saperstein in mid–December 1960 that Son-Mark would not be able to operate the Chicago franchise due to unforeseen factors, including inability to secure an adequate playing site. Since the original plan for the 1961-62 season entailed eight ABL teams, it was considered important to locate someone to take over the franchise which Morrie Shneer and Son-Mark had declined.

Although petitioner had been interested in obtaining the ABL San Francisco franchise, his attorneys suggested that it would be in the better interests of the ABL to leave the San Francisco franchise in the hands of local representation. Since Morrie Shneer and Son-Mark had already declined the Chicago franchise as of December, 1960, petitioner was advised by his attorney in January 1961 to “move into the Chicago picture” where there would be opposition from a newly established NBA team.¹⁰

All teams were required to deposit $20,000 with the league, and for each subsequent year the amount was to be $25,000, these amounts being for league expenses. In addition, the Honolulu club was required to pay each visiting club $1,729 for each trip to Hawaii to “compensate for a portion of the additional transportation charges incurred.”¹¹

Article XXVI, “Offers to Students,” stated that clubs may make offers to students only after a student had attained his senior year (in college) and after the end of the regular season. This mirrored the NBA rule, but there would arise a need for an exception with Connie Hawkins, who had been expelled from Iowa and whom no colleges would recruit after the 1960-1961 season.

Article XXXI prohibited any ABL club stockholder, officer, director or employee from having any stock or financial interest in any other club, directly or indirectly. That rule would come up in the future of the league.

One of the most vital pursuits was finding referees for the new league. On June 24, 1961, Saperstein contacted Phil Fox about being referee-in-chief. Two days later, Fox wrote to Saperstein outlining his desired salary as well as his intended officiating procedures for the ABL. Fox asked for $6,000 per year, plus traveling expenses. He also described his plan to “sectionalize” officials and keep costs to a minimum. Depending on experience he intended to offer $40 to $60 per game plus 10 cents a mile. He was confident of attaining capable referees at these salaries.¹²

Before Fox was announced as referee-in-chief, there were discussions in the ABL office regarding various aspects of officiating. Notes were taken, although they are unsigned and dated August 2, 1961, and were probably part of discussions with the coaches held in Chicago over three days. There is a note that the notes should be sent to Phil Fox. In these notes a number of details as to rules and equipment were decided. A Spalding ball with narrow seams would be used, as the coaches had selected. Only Jack McMahon (Steers) dissented. Referees and rules, as well as conduct were discussed. McMahon noted that the league lacked stars and had to keep players in line from the start. Phil Brownstein of the league office noted that coaches can make or break officials. John McLendon of the Pipers said to remember that fans come to see players, not coaches, something the NBA doesn’t seem to believe. Phil Woolpert of the Saints agreed and said that the ABL should keep their game different from the NBA and not ape their rules. Regarding the three-point shot, Woolpert presented his view of the court and how to measure the distance, suggesting 25 feet from the board and 23'9" from the center of the hoop.

The group adopted, at McLendon’s suggestion, the college rule of one foot in between the offensive and defensive players on the free throw line. They vetoed the suggestion of three 15-minute periods and agreed to discuss it at another time. The coaches adopted the 30-second clock unanimously. They tabled the use of hands on defense, but agreed that scoring should be at more of a premium. Four 12-minute periods were agreed upon as was the five team foul limit per quarter before a bonus free throw would be awarded. They also agreed that an offensive foul would be a personal foul, not a team foul, as had been in the rules in some jurisdictions.

The meeting ended at 6:15 and continued the next morning (August 3) at 10:30. Technical fouls were discussed regarding their definition and use as a team foul or not. Only players in the game would be allowed to shoot the technical foul, which would always be one shot. Double fouls were clarified as well as number of times out. The group was undecided as to the use of the zone defense and decided to refer the decision to Saperstein, who called in the next day with a “no” vote. One question deadlocked the coaches at 3–3, and Phil Fox was to poll the two coaches (Neil Johnston of Pittsburgh and Elmer Ripley of Washington)¹³ not in attendance as to their thoughts. Finally, there was agreement that no coach would criticize any referee in the press.¹⁴

Who was Phil Fox? According to his own summary, sent to Saperstein, Fox had been a referee in professional basketball for over 20 years, beginning in the original American Basketball League, which existed from 1925 to 1931, then the reorganized American Basketball League from 1937 to 1946. He was an official in the National Basketball League from 1946 to 1948 and in the Basketball Association of America from 1948 to 1949, when the new NBA was formed, and he officiated in the NBA from 1949 to 1955. He also refereed at many Globetrotter–College All Star games, so Saperstein was very familiar with Fox.¹⁵

Fox was hired and began his duties, almost immediately finding referees and assigning them to games that were being scheduled by Saperstein for the league. Fox was praised by Saperstein for being “high on the rules innovations we contemplate for bringing the game back to the fans and restoring a semblance of defense.”¹⁶ These included the three-point shot, the trapezoidal lane and the 30-second possession clock.

Fox submitted a working budget in August with estimated total officiating costs for November—48 assignments from Washington to Pittsburgh to Cleveland to Chicago to Kansas City, a total of $8,000—which he broke out into fees and per diem for hotel, food, and in-city transportation. All that was missing were the actual transportation costs. He also included a list of “A” and “B” referees, the former being the most experienced and the latter young men who “had a basic schooling in both college and semi-professional ball.” He made an estimate for West Coast refereeing costs and expressed concern over the Hawaii situation, but he expected to hear from Art Kim regarding recommendations for five local referees.¹⁷

Abe Saperstein (top) and Art Kim, the owner of the Hawaii Chiefs, as shown here in a Hawaii Chiefs program (courtesy Dolph Briscoe Collection, University of Texas Archives).

In October, Fox sent his referees an assignment schedule for November, ABL rule books, officials’ cards for game reports and a description of game uniforms (black or blue trousers, black shoes, black shirts with gold stripes and a pocket-sized ABL emblem).¹⁸

Fox soon followed up with a second memo to referees, which contained the December schedule and some admonitions/tips such as “enforce technical fouls and close supervision of coaches and players,” and to “call home team officials at least two hours before game, stating that you are referee for a game.” This was followed by “PLEASE [sic] do not reveal your name.” Apparently, there was a need for secrecy because of gamblers and betting lines, one must assume. The memo also stated that transportation was to be reimbursed at $.15 rather than $.10 per mile, as initially proposed. Fox had established his office in New York City, but expense requests were to be sent to the league office in Chicago.¹⁹

Fox’s memo #3 was on “Disciplinary Code” and has a handwritten date of December 20, 1961. The memo specifies the amount of fines for technicals and ejections ($50 for first ejection, $100 for second and $500 for third) as well as flagrant fouls ($25 for first offense, $100 for second, $250 for third). Flagrant fouls are defined, game protest rules are explicated and all fines are designated as contributions to the Commissioner’s Office for worthy national charities.²⁰

The rules sent to all officials had a two-page “highlight” of adopted rule changes, including the “Olympic key” changed from 12 to 18 feet, the three-point shot and where lines should be on the court. There also was a suggested signal for recognizing the making of such a shot. These included a red flashing light or a gun with blanks, with the exact method to be left to the discretion of the home team. There would be a 30-second clock, four 12-minute quarters and the use of the college rule on defining goal tending. There were also some differences on fouls and free throws.²¹ Much of this came from the coaches’ meetings described above.

There would be fine-tuning left, but by September 1, the American Basketball League had eight teams with full rosters, eight venues, a corps of referees led by Phil Fox and a schedule for November and December contests. A television contract had not been successfully executed and publicity was uneven. The big question was, would the fans turn out in these cities to see pro basketball? No amount of speculation would be sufficient; November would tell the tale.