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for your club. Player ordered to report London in accordance with instructions
already sent him.”
Mercer— “Decided you must play for England tomorrow. Please report London
in accordance with instructions already sent you. Everton Club has been informed.”
(h) That when Mercer, on receipt of the said telegram on April 12th, telephoned Mr. Green
(Chairman, Everton F.C.) he received instructions to act contrary to the instructions
received and to play for Everton.
(This evidence was confirmed by Mr. Green, who also stated that he took sole responsi-
bility for this).
(i) That, in confirming the above finding, Mr. Green also stated that he took sole responsi-
bility for telling Mercer to act counter to the official instructions and that he had, in fact,
not informed him of the full contents of the telegram sent by the F.A. to the Club.
(Mr. Gibbins later admitted that he knew of and was a party to the action taken by Mr.
Green).
(j) That an inaccurate statement had appeared in the Press concerning the nature of the
leave granted to Mercer. The Army F.A. representative present confirmed that the
Commanding Officer had considered the decision as to whether Mercer played for his
Club or the F.A. to be outside his jurisdiction.
C. The evidence adduced satisfied the Commission that a breach of Rule 41 had been committed
by Mr. Green and Mr. Gibbins and, in deciding the disciplinary action to be taken, deprecated
the unsporting spirit shewn by certain of the Everton F.C. Directors in instructing Mercer to
play for his Club rather than his Country. The Commission decided that the Everton Club be
severely censured for bringing the Game into disrepute and for lack of courtesy in circulating
to Members of the Council of the F. A., Members of the Football League Management Committee,
Football League Clubs, the Army F.A., and the Press, copies of letters referring to different
aspects of the case before any official action had been taken. The Commission also decided
that:—
(1) Mr. E. Green be suspended from Monday, April 29th, 1940, to the end of Season 1940-41
from all football and football management, including attendance at matches played on
grounds belonging to Clubs affiliated to the F.A.
(2) That Mr. W. C. Gibbins be suspended from Monday April 29th, 1940, to end of Season
1939-40 (June 8th) from all football and football management, including attendance at
matches played on grounds belonging to clubs affiliated to the F.A.
(3) That the Everton F.C. be ordered to pay the cost of the Enquiry.
(4) That Mr. T. Kelly (Secretary, Everton F.C.) be censured for his part in the proceedings
and for failing to keep his Directors informed of official decisions of the F.A.
(5) That A-Sgt. Inst. J. Mercer be absolved from any blame.
(6) That thanks be conveyed to the Army F.A. for appointing a representative to attend
the Enquiry, and to Mercer's Commanding Officer for permitting him to attend.
A. BROOK HIRST (Chairman).
C. WREFORD BROWN.
E. CASE.
S. F. ROUS (Secretary).
