Waterbury Democrat., 1901-03-13
BASE DAIL KlR
Legal Representative for Each
 League Gives His Opinion.

One Says You Can't and the Other Says You Can-The Players Can
 Read Either Opinion and Act Ac-
 cordingly-Some Side Is Doing a
 Lot of Good Blufing, and the Puzzle
 Is to Tell Which Side-At the Pres
 ent Writing the American League
 Holds the Winning Card.
 Philadelphia, March 13.-The opinion of Attorney John G. Johnson that the reserve clause in the 1900 National League base ball contract would hold good in a court of law has brought JOY to the breasts of the club owners 1n that organization, who the past months have experienced heartaches in hear ing and reading of the Jumping of their star players to the American league. The opinion given by MT Johnson, upholding the claim made by the legal representatives of the Ma tional league ever since this base ball war began, is made for more impor tant in the eyes of the Philadelphia club owners because of the fact that the opinion comes from the very man who in 1890 defended the rights Of the players against these same Phila- delphia club owners.
 '.As things now stand" Colonel John I. Rigers said, 'I fail to see how the American league can use any of our players. Ban Johnson has stated that he would be the last man to induce a player to violate a contract that was a contract. Here we have it that 1t is a contract. It now remains for the American league president to make good his word. We certainly will en- join any member of the Philadelphia National league club from playing on any other team according to our right" At the headquarters of the local American league club the opinion ap- parently made little or no impression upon President Shibe and Manager Mack.
 Cleveland. March 13.-Because of the statement made by Attorney John G.. Johnson of Philadelphia, holding the | renewal clause in the National league 1 players contract to be perfectly valid and binding, Vice-President Somers of the American league yesterday re- l quested from Charles Higley. the legal | representative of that organiZat ton here, an opinion on the subject. In response MT Higley submitted the fol- lowing:
 i c. w. Somers, Vice-President Amer1-
 can League:
 Dear Sir-Under the circumstances l think you may regard the publica- ton. in it's present form, of John G. l Johnson'S opinion upon a National | league contract of the form used Tn previous years as an indirect state ment from high authority. that an in- junction will not lie aeainst q Nation al league player refusing to carry out the terms of the option clause.
 The legality of the contract has never been questioned. A contra ct however. must be something more than "legal' to secure the assistance of court of equity. which alone may grant injunctions. The contract must De fair. equitable and just in all its parts: not one-sided and harsh in its provisions. nor holding one with a roc of iron while the other be free to re leve himself of his burdens at will.
 The process of injunction may moi be used in this enlightened age te drive man into the performance o1 an unconscionable bargain. Then, too
 the plaintiffs in such suit as is sug
 gested must come into court witt
 clean hands. He must be sure tha
 the relief he seeks does not require tht
 court directly or indirectly, to carr.
 out unlawful contracts. Will the Ma
 tional agreement, with it's reserved
 rule, limitation of salary and regula
 tions that make of the player a human
 chattel. receive the sanction of cour
 of equity?
 MT Rogers. I am informed, is an at tOrney. He knows where the difficult.
 will lie in securing these injunctions
 and his failure to secure from NJ
 Johnson an opinion upon the propOsi
 tions that he must know will be tn
 overshadowing issues in the litigation
 be contemplates may be taken as
 confession that he could not get sucl , an opinion as he wanted.
 It is impossible to give a genera opinion that will cover all cases tha may arise. Each case must stant
 upon it's own peculiar merits. 10, may, however rest assured that tn
 chances are very remote that an in junction will be granted in the cas- of any National league players wn' have thus far signed to play with tn , American league. CHARLES HIGLEY. At it's session Monday, the board O
 aldermen unanimously granted tn : American league club a license to p1a. l ball on Huntington avenue during tn ) season of 1901.
 l The annual meeting of the Hartfor base ball corporation was held yes = terday afternoon. Reports presented
 showed that the receipts last yea
 were S16,OOO, and the expenditures ez
 ceeded that sum. About $4,OOO Ina F been subscribed for new corporatio
 to manage the club. but nothing vii
 be done until S3.O0O has been sub scribed. The meeting was adjourne' t until Friday, President P. T. Powers | Manager Murray of Providence an : Tom Burns of Springfield conferre with the local magnates during tn
 day. 1.-
 Among National league men it . rumored that as soon as the Amer ' can league schedule has been al
 nounced at the meeting at Philadelphi . on March 20, c. II. Epbets of tn V Brooklyn club will rearrange the NJ l : tional league dates at Boston and Phi . adelphia, so that there will be co1 S-4; I