St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-01-29
He Cannot Be Enjoined From
Playing With the Broth
erhOOd.
Reserve Clauses in League
Contracts Held to Be
Void.
This Gives the Players q
Standing They Never
Had Before.
Cyclone Jim Duryea's Sigma
ture Not Yet Affixed to a
Contract.

NEW YORK, Jan. 2S.-Judge O'Brien
has decided the suit of The New York
Base Ball Club versus j. M. Ward in
favor of the brotherhood. Judge O'Brien.
among other things, says: cit is sought
by this motion to enjoin the defendant
until the trial can be had from playing
the game of base ball, or rendering
services of any kind until Oct. 81, 1890.
The plaintiff bases his right upon an
agreement between the New York Base
Ball club and the defendant dated April
%, 1889. This agreement provided that
the defendant was to engage in
the exhibition of the game of
base ball for said club for the period of
seven months between April l. 1889,
and Oct. 81, 1889. A court of equity
cannot enforce the affirmative covenant
OF the contract and make the defend
ant play with the plaintiff. The court
is asked to enforce the negative cove
nant and enjoin the defendant from
playing with other. 1t would be neces-
sary, in order to pass OH this point, to
decide that there is definite and con-
scionable contract. The Judge then
quotes parts of the contract to show
that it is not definite and considerable,
and says: Mot only are there
NO TERMS AND CONDITIONS
fixed, but | do not think it is entirely
clear that Ward agrees to do anything
further than to accord the right to re-
serve him upon terms thereafter to be
fixed. He does not covenant to make a
contract for 1890 at the same terms and
conditions as during the season of 1885,
Ihe provision relied upon as cOnsttut-
ing the contract between the parties
merely reserves Ward for 1890 at sal
ary of not less than $1,000. But how
much more is he to receive? And, in
case OF dispute between the parties,
how is the amount of salary to be deter
mined? 1t is nowhere provided that the
terms and conditions for 1890 are to he
the same as those for 1889. To show
the want OF fairness and mutuality.
Judge O'Brien says the contract requires
a similar one to be made out
for each succeeding year ad in
finitum. The ten-day clause. by
which the player may be summarlly
discharged, Is then referred to, and the
court says $50 that the club may at any
time, at the beginning, in the middle or
at the end OF the playing season, when
the player is in New York or San Fran
cisco or anywhere else. and without the
assignment of any cause whatever, de-
termlne all its liabilities and Obliga-
tions under said contract. leaving the
player to make his way home as best he
can." He says further: "We thus
have the spectacle presented of con-
tract which binds one party for ten days
and of the party who is itself bound for
only ten days coming into a court OF
equity to enforce its claims against the
party bound for years." After refer
ring to authorities he says: ga serious
doubt arises as to the plaintiffs being
accorded upon the trial the relief asked
for" Judge O'Brien
DENIES THE MOTION TO ENJoIN
Ward from playing with others, and
says that the trial of the action itself
can come off before the ball season
opens. In refusing the preliminary in
junction, the judge says that he will as
sist in securing a speedy trial of the
case. Lawyer s. Murray, one of the at
torneys for Ward, said; The decision is
an emphatic victory for Ward. The de-
cision is that the contract is indefinite
and unconscionable, and no amount of
proof at the trial can change these CON
clusions, as they are founded in the con-
tract"