"There is no error of fact in the complaint which I present. The pages have been scanned for George Herman Ruth as well as Babe Ruth, but neither name is mentioned. [...] In the spot where one fully expected to come upon Babe Ruth, I found "Roth, Filibert, forestry expert [...]" To be sure, there are striking points of similarity in the career of the two men but they remain something less than synonyms. As far back as 1896, Professor Roth published a volume entitled "The Uses of Wood." No one dreamed at the time that it could be put to any uses as sensational as those introduced by Ruth.[...] It may be that some very plausible hypotheses are outlined in "Timber Physics" as to the best way to secure the greatest possible impact between bat and ball, but after all Roth is not under the strain of making good his beliefs before the eyes of thousands. He can be wrong, even three times in succession, and not one of his students will immediately shout "You're out!" There will be no massed ranks in the bleachers to razz him with contempt. Roth can take his time and go about his problems slowly, calmly and deliberately. No one is seeking to fool him with speed or with spitballs."