Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1890-03-08
ESPECIAL TELEGRAM TO TIE DISPATCH. ]

ten-elub League.
ESPECIAL TELEGRAM TO THE DIsPATcH.l
PHILADELPHIA. March THE test case
of the Philadelphia Bail Club, Limited,
against William Haliman and Henry NJ.
Love came up for argument this morning in
Common Pleas Court No. 4, President
Judge Thayer and Judge Arnold on the
bench. The bill in equity was filed by
Colonel John / Rogers, who had with him
to-day as associate counsel Mr.. George
Tucker Bispham. A demurrer was filed by
Messrs. Nanderslice, Moore and John G.
johnson to this bill for an injunction, and
on this the Court heard counsel. Mr.. VAN
derslice argued that the demurrer should
stand, on the ground that the plaintiffs had
remedy at common law. and that the Court of
Equity would not enforce a contract for per-
sonal service: that the contract was one-sIded;
that it was really "gilded bondage;" that it
was unfair and that the Court could not hold
it good.
WHAT THE BILL SETS FORTH.
The bill in the case sets forth that the Phila-
deluhia ball club executed contract with
William Hallman on the 24th of October, 1855,
in which it was agreed that Hallman should
of seven months. commencing April l, 1882 and
ending October 81, 1883, and that the power of
'reserving" him for the next ensuing season, on
q salary not less than that paid him previously,
be given to that club. On the 2lst of October,
1889 notice was given Hallman that he was "re-
served' for the ensuing season of 1890. and de-
spite of this il is charged in the bill "Hallman
has recently contracted to give his services
ball player for the season beginning April ],
1890 TO H. NJ Love. with the privilege of Love
TO assign said cantract to another baseball club
to be known as the Players National League
Baseball Club of Philadelphia or by some simi-
lar title, and the Philadelphia club is in
formed and believes has publicly declared that
he
WILL NOT GIVE HIS SERVICES
as aplayer to the Philadelphia club during said
Season of 1890 and that said defendant. Love,
had and has nouIce and knowledge of plaintiffs
prior contract with Hallman and of the plain
th' reservation Hereunder of said Hallman's
services for the ensuing season of 1890.
In addressing the Court in behalf of the
Philadelphia club, of which he is Secretary
Colonel Rogers said: There can be no reason
able doubt that the contract set forth in plain
tiff's bill gave to it an absolute right to Hall
mans services as a ball player for the season
of 1889 with an option to plaintiff to renew such
Provided it should signify such option by re-
serving Hallman for such season, which meant
including Hallmans name, one of not more
than "a players then under contract with plain
tiff on reserve list sent 10 other clubs and
published for the information of everybody
and by renewal for 1890 of the salary of 1889"
The injunction asked for from the Court is to
RESTRAIN Hallman from giving his services as |
ball player for the season of 1880 to anv club or
organization, person or persons whatever other
Nxh1 1Ph hriu flao
tion before the Court: "Can a player be en-
joined for a breach of contract for professional
services?'
ROGERS ANSWERS HIMSELF.
In reply to this question of his own, Colonel
Rogers thought that the contract can be en-
forced by direct and affirmative decree for |
specific performance; that the tendency of |
equity Jurisprudence is in favor of such a
degree in cases like the present. and that it is |
highly probable that in the near futu e the |
distinction between enforcing a covenant for |
personal services by the direct means of a |
decree for its specific performance, and getting
at the same result by restraining the breach of |
negative covenant, will disappear and the |
courts of equity will feel themselves able to |
grant reliet as well in one form as in the other
But If il be admitted that the contract cannot
be directly enforced specifically. or that a |
player cannot be compelled by mandatory |
injunction of the court TO perform his duties |
as a baseball player, nevertheless the restrain
Injunction hp
enforced to prevent the player from giving his |
services for the term contracted for TO any |
other CLUB or association, and thus, perhaps |
indirectly compel specific performance. George |
Tucker Bispham followed on the same side. |
and argued TO the court that the contract made /
was definite contract, contract for a time /
limited and not running Indefinitely and that |
ii was a contract which an action for dam
ages would be inadequate, and that no proper /
relief could be obtained in another court.
DUYSTERS MAKES AN APPEAL.
George F. Duysters, of New York, was given |
permission through the courtesy of the Court /
TO address il as counsel for the defendants and
MI. p9ysters commenced by saving that he had |
Judge y Brien, but the the matter came up /
there on preliminary Injunction, and not on a
bill and demurrer, as here. Judge O'Brien /
thought that the injunction should not be made
permanent until final hearing, because the
base ball player would not be likely to play hall
for living in the middle of winter SO he LET
the matter go over for final hearing in Febrn
airy. The case. however. was not reached and
has not yet been decided. He then ouored a
number of other cases from the New York
courts in favor of his side of the case and made
a stirring appeal to the court against the bllI.
John g. johnson, who is the acknowledged
leader of the Philadelphia bar, closed for the
defense. In the course of very able speech
Mr.. johnson said: The PHILADELPHIA CInb
never said to this man. we will take YOUR ser
vices under our contract, but they coupled il
with an option they had no right to make You
has not been produced, we believe confirmed
similar option for the right of reservation for
the next year, so the man could have been held |
from year to year in bondage. 1t is against the
doctrine of the Constitution of the United
States"
The court reserved its decision.
In the course of the argument Judpe Thavar
(who had been reading a copy of the National |
League contract), interrupted with the remark: |
i see by the seventeenth paragraph of the
contract that the club can discharge the plaver
within ten days. if il so wishes hut that tho |