That was 1997--
The cap was introduced in 1994, so it was during the trial and error period, as the cap had to be reworked after that anyway...
So if it is to be counted as "illegal"--and I'll accede to it somewhat, as, well, there's that whole oath thingy and all--I would say:
1. Breaking the rules in the 1st season of the Cap wasn't exactly solely a 49ers offense, and given the rule was brand-new, a bit of leeway can be given, and
2. That was a new rule AND breaking it didn't Lead to Intentional Injuries, Encourage Intentional Injuries, OR Break Federal and NFL Law via Illegal Bugging.
So...
49ers penalty=a 5-Yd penalty, Saints=DEFINITELY 15 YDs and, counting Payton and Loomis, a suspension.