"Tom,
As you obviously know, our interpretation or, in some cases, misinterpretation of the intention of rules means much less than the history of their application. Every decision made by the Supreme Court seems to include something about precedent as a guiding principle... If I had got past first year in law school. I'd know the term for precedent in this case.
App1, Part C has already been interpreted through it's past and current usage to mean that a list of conforming balls is posted and you choose ONE to play with. If the legal 'genius' hired by the OGA to say this rule now means the tournament committee gets to choose that ball for you, doesn't that mean that every tournament conducted under the former interpretation of the rule has NOT been conducted according to the Rules of Golf.
Somehow, I don't think we'll be seeing this admission in the finding the USGA is about to issue."
Anthony:
All this is why I think this OGA situation may be so interesting---it may set a Rules precedent and I don't think it will center on the use of a competition golf ball per se, although that could be the vehicle that may take the issue to a decision by the R&A/USGA on the authrority or autonomy of the "Committee" to act independent of the R&A/USGA Rules of Golf Committees. I think it will probably center on a new definition (decision, interpretation, clarification etc) of the roll of the "committee" and more precisely what autonomy a "committee" has to write and use their own Local Rules, Specimen Rules, Special Rules or Conditions of Competition that MAY NOT at the time of use WAIVE a Rule of Golf.
If a "Committee" uses such a Local, Specimen, Special Rule or a Condition of Competition that does waive a Rule of Golf the R&A/USGA Rules of Golf are clear under Rule 33-1 (The Committee) that that is not in conformance with the Rules of Golf.
In this case it just may be that the R&A/USGA may not find that the OGA is actually waiving a Rule of Golf by requiring competitors to play a single specified golf ball.
Most all the Rules authorities I've spoken to seem to think that this requirement on the part of the OGA IS waiving a Rule of Golf or in some way conducting a tournament not in conformance with the Rules of Golf. But when I ask them to point to some Rule that is being waived by this or some other reason that this is NOT in conformance with the Rules of Golf they can't seem to point to anything specifically.
Perhaps the best Rules authority I know of seems to think like I do that there may not now be anything in the Rules of Golf that prevents a "committee" (the OGA's tournament committee) from including such a restriction or requirement in their Conditions of Competition.
However, that does not mean that they will not have something to say about this and that's where this may create a new precedent in the Rules and again, it just may deal with a clarification of what a "committee's" autonomy is to do such a thing.
There's little question that for various reasons the R&A/USGA may not now want to condone the use of a "competition" golf ball and the reasons they have so far given (in their Joint Statement of Principles) is that they wish to maintain a single standard on I&B for all golfers.
On the other hand, Pat Mucci has insisted that a committee, or the OGA in this case, could use App 1, Part C, 1a (The List of Conforming Golf Ball Condition) to justify their requirement in the Conditions of Competion (App 1, Part C) that competitors use a single specified golf ball in this Ohio tourament.
I've asked Pat if that was his idea only or if the OGA told him they were going to use that particular "Condition" of Competition to justify this requirement. So far Pat has not answered that question.
And I have said I can't believe that any competent Rules authorities would think to use that particular "Condition" of Competiton to justify the requirement that all competitors use a single specified golf ball simply becasue every competent Rules authority understands the List of Conforming Golf Ball Condition just doesn't intend such a thing, and frankly does not even say such a thing (despite Pat's mention of the wording '"a" brand'
).
So if the OGA did attempt to use App 1, Part C. 1a to justify this the USGA may tell them they are simply misapplying a "Condition of Competition".
But what if the OGA just wrote their own "Condtion of Competition" requiring the use of a single specified golf ball?
That may be the question and that may be an issue the R&A/USGA may take up now and clarify within the Rules. That may be the issue that will set a precedent regarding the autonomy of a "committee" to act independent of the R&A/USGA regarding the use of Local, Specimen, Special Rules or "Conditions" of Competition.
I have searched every single Rules resource I know of to try to find some guidance or precedent on this type of issue regarding the autonomy of a "committee" to act independent of the R&A/USGA Rules of Golf Committees and so far, perhaps unbelievably, it just doesn't seen there is anything at all in the history or evolution of the Rules of Golf that deals with this particular point.
The entire concept of the "committee" is actually only a little more than a hundred years old within the Rules of Golf and I suppose this kind of thing has just never come up before.
But it appears it's about to come up now.
The point is that there's strong implication that the R&A/USGA Rules of Golf Committees ARE the final arbiters on the R&A/USGA's Rules of Golf and it appears this issue may prompt them to say so within the Rules of Golf more clearly than they ever have to date, at least how their authority relates to the autonomy of a "commmittee". That alone would be a very important clarification and precedent in the evolution of the R&A/USGA Rules of Golf.
At least, that is my hope.