New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-01-29
WARD NOT ENJOINED.
A HoME.RUN FOR THE BROTHERHOOD.
JUDGE o,BR1Ex THINKS THE :. RESERVE CON-

TRACT TOO ONESIDED FOR EQUITY
The baseball cranks" had inning in the supreme
Court Yesterday and they had good number OF
SPECTATORS who were interested In the pfoceeui"s'
and anxious 20 know which side wouid score
home run, And more disguised lot OF spectators
probably never turned away from the Polo GrouhuS
when the game was fzzle' than those VINO lett inc
house after the decision had been read. because
It practically decided nothing and left the mater
almost where II was before the proceedings 10 court
began Judge O'Brien practically washed MS hahus
of the whole case and told tho parties interested 10
take their contest TO a Court OF Equity 10 nave ''
decided lie refused TO grant the Injunction re
strainng Ward from playing with any other tlah INC
New York club and that was about all he did
According 10 the arguments Of the counsel the
whole case rested upon the meaning OF the word re-
served in Wards contract and that Is the nrs' po
considered by the Judge. lie finds that whetier INC
word is taken according to the Oldest definition or INC
meaning that is I'm general to-day, II there were
no other consideration. the League would undoubtedly
have right to Wards services until the contract had
expred and he says there is ample time TO try the
case I'm the Special Term before the baseball season
opens and he leaves both the members OF inc
League and the Brotherhood on the anxious seat
where they will remain until the case Is decided IN the
Special Term.
There is a drop of comfort for the Brotherhood in
that part of the opinion where the Judge expresses
doubt as TO the probability of the final success
Of the League when the case Is tried in the specla
Term. zone Of the principal questions dlscusseu
upon the argument" the opinion. was as 10 tho
meaning OF the word reserve used In the CON
tract. Upon the part OF the plaintiff IT is cIaimeu
that the meaning Of this word Is clear
and unambguous recurring no explanation. being
used I'm ITS ordinary sense Of ito hold TO keep Tor
future use' The defendant on the other hand claims
that this word. which was not new one to the
narties has a history that II had always been
used in a particular sense and in order 10 ascertain
that meaning reference must be had TO the history OF
the word. That if resort, IS had to such history i
will result in construction 10 be given to the con
tract which shall determine that when the defendant
accorded the right TO his services ii was not
thereby meant that he was absolutely pledged or
bound TO the plaintiff. but that his
services were reserved to the exclusion
OF any other member of the League
Of baseball clubs 1t is sufficient to that whether
we have regard TO the history Of the word as used in
the various contracts give its ordinary and well
accepted meaning, shall arrive at the same con
cnsion to the meaning Of the word adverse TO tho
defendants contention and in favor of the meaning
given to it by the plaintiff
NOT DEFINITE ENOUGH.
at is insisted here by the plaintiff that there exists
definite and reasonable contract, and that the prob
ability of its succeeding finally is Of the strongest and
most certain kind. Is there such definite contract
existing between the parties that it can be enforced
II sufficiently definite is it entirely consructionabe,
wanting neither in fairness or mutually , That
court Of equity will not make contract winch the
parties themselves have not made and that It will not
enforce an indefinite one, elementary propositions
that need no citation Of authorities for their support
.DO these provisions constitute definite contract
between the parties do they do more than reserve
the services OF the defendant subject 10 the making OF
a contract thereafter with definite terms and con
dtons? II must be noticed that these provisions
,~n.fo IN In tlN IL
and conditions OF tire agreement between the parties
i'm the event that the plaintiff shall exercise Its option
which is accorded to the defendant for the
bali season Of 1890. What are the terms and con
dOn of the alleged agreement for the season OF lo0O
now sought to be enforced What does the defendant
Ward agree TO What salary is to be paid to him
Not only are there no terms and conditions fixed but
do not think IL Is entirely clear that Ward agrees To
do ANYTHING further than to accord the right to re
serve him upon terms thereafter TO be liked lie doeS
NOT covenant to make contract for 1850 at the same
salary nor upon the terms and conditions as
during the season OF 1882 The PROVISION eleu uPo"
a. constituting the contract between the parties merely
roserves Ward for 1890 at a salary Of not less than
ca 600 But how much more Is he TO receiver Ana
I'm case Of dispute between the parties, how Is the
amount Of salary to be determined 1t Is nowhere
provided that the terms and conditions Tor lo0o are
TO be the same those for 1881
The Judge thcn says that, although the contract
will bv giving ten days notice to the players no
provision of il allows the players to break II. Inc
ounion then continues a contract that Is Sought u
be specifically enforced must be mutual DoIh as 10
lie remedy and the obligation. party not Douiu DA
fine agreement itself has right TO call upon court
90 eoit IN enforce specific performances against the
other contracting party by expressing his Willingness
in his hill to perform his part of the engagement Ills
right TO the aid Of the court does not uepehu upon is
subsequent offer 10 perform the contract on Ills PdU
but upon It's original obligatory character 1t Is
General principe that when from personal lncapacy'
the nature Of a contract, or any other cause CON
roct IL incaDabe of being enforced against one party
that marty is equally incapable of enforcing IL spechc
ally against the other. II will tlus DC sc'h t'dV
do NOT fully concur in the claims maze by INC piaiti
that the probability Of finally succeeding Is Oh Tue
cost and most certain kind. Upon either one OF
both Of the grounds considered, but pr1hcipay upo"
o rr,und that the contract is indefinite ana uhcer
oir docs thcre arise serious doubt as 10 the paltI
beng accorded upon the trial the renef asked ior
While therefore, think that TINS Is not case ~
which preliminary injunction Should be granted II y
| nroncr that the rights of the parties shouH DC de
erined by trial before the ball season begins anu
| IN that end on application made shall assist IN
socurnr a speedy trial upon which a final ana ue
! ILerate Judgment upon the rights Oh INC P@iN0' ''
| be pronounced"
JOY AMONG THE BROTHERHOOD.
Ward Keefe and their Brotherhood friends looked
| upon the uccisioH a. " 'N'' rbov
concentrations at wholesale rate last hIsh1' inVy
scemed 70 think that their old managers "ouiu
speedlly recognize the defeat and would refrain from
! socntir, tbcm further \ number OF the players
and their friends copyrighted in Keefe a BecannohS
in Broadway, where the most pronounced denons'fa-
lions of Joy were ind,ged in The brotherhood
officials said that they would go right ahead making
their arrangements for the coming season. ana olu
lot anticipate any further effort Oh the part Vi inc 'o
| owners 10 stop them
League American Association and minor league club
| owners arrived in the city in larger numbers yes
terday than was before known In the history Oh
| baseball. They came to be present at the speciai
meeting of the National League and the Board OF Ar
| btration at the Fifth Avenue Hotel TO-DAY Inc
Ward decision will be discussed by the convention, ana
,t ,7e will Law out some definite plan Of campaign.
Wv orlur.nn Association cub-ON ners, who, OWING