Words from Down Under

February 1, 2013

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In the County Hotel, one of the few buildings in Napier, New Zealand, that survived the 1931 earthquake in that region, there is a library of books that have been left by previous travelers and may be exchanged for books of current travelers.  Among the books I found was Lord Cobham’s Speeches.  Lord Cobham was the Governor General of New Zealand from 1957 to 1962.

From his speech at the “Sportsmen Luncheon” in Wellington, NZ, 52 years ago today, I found these pearls:

  • “. . . sport is a great character-former; it teaches that self-control which must always precede self-expression, and that gracious acceptance of defeat is the gold to victory’s silver.”
  • “Sport is harmony, balance and rhythm, the triple heritage handed down from ancient Greece, without which art is barren and civilization itself out of joint.  Above all, the acquiring of a technique is increasingly important in an age when automation and the machine have robbed human beings of that sense of fulfillment that comes of fine craftsmanship.”
  • “Today we see the result of trying to hustle youth through childhood and adolescence into manhood and womanhood.  Education is one of the few things that cannot be hurried, although modern techniques may facilitate instruction, for which education is often mistaken . . .  In these instances, sport and games can and must play an increasingly important part in producing well-balanced citizens.  But before we do this, we must see to it that the games themselves don’t fall victims to the prevalent evils of selfishness, sharp practice and greed.”
  • “It is when the player of the game thinks himself greater than the game that both get into trouble.”

Controlling Authority

September 22, 2017

On occasion, someone who does not like a rule of sports applied to his or her child’s situation will suggest that the Michigan High School Athletic Association has misunderstood or misapplied the rule ... and then proceeds to tell us (or a court of law) what the rule really says or means.

At such times, we are tempted to quote from the Honorable Frank H. Easterbrook’s Foreword to Reading Law by Antonin Scalia and Bryan A. Garner. Judge Easterbrook, who retired in 2013 from the United States Court of Appeals for the Seventh Circuit, wrote: “The text’s author, not the interpreter, gets to choose how language will be understood and applied.”

The true and intended meaning and application of MHSAA rules and regulations are determined at the time they are adopted by their authors – MHSAA Representative Council and staff – not at the time they are challenged by those who find the meaning and application inconvenient.

For this reason, courts customarily, and correctly, do not intervene ... do not substitute their judgment for that of the authors and administrators of the rules.

The controlling case in Michigan, by the Michigan Court of Appeals in 1986, held that courts are not the proper forum for making or reviewing decisions concerning the eligibility of students in interscholastic athletics.