Omaha daily bee., 1914-04-05
CASE IS BEING MADE TEST ONE
Judge Holds Must Come Into Court
with Clean Hands.
ARE GIVEN INJUNCTION
Pittsburgh Club Wins Suit Against
Federals in Arkansas,
MAY NOT BE VALID
Court Holds that Fact that They
May Lack MutuaIity Cannot he
Questioned by Third
Party.

GRAND RAPIDS, Mich, April Ain
the opening legal skirmish Of nation
wide war between the new Federal
league and organized base bail staged in
the local United States district court,
counsel for the sO-called outlaw or
ganizstion were put on the- defensive at
the outset today. and directed first to
demonstrate it's right TO relief, even
granting the inyBlidity, OF the reserve
clause in base ball contracts is estab-
lished
The Federal league is making a test
case OF the individual contract OF
Catcher w. j. KIlifer, jr.. who signed
with the Federals os Chicago while un-
der reserve by the Philadelphia National
contract for 1913 The Federals are seek
ing to enjoin him from continuing in the
service of the Philadelphia Nationals or
any other club than the Chicago Federal
league club. In seeking this relief the
Federals cehtered their attack on the
chief bulwark of all organized base ball.
the reserve clause, and also gave con-
siderable attention TO the so-called ten
day clause, which gives club the au-
thority to dispense with contracted
players service at any time after ten
day notice is given.
Opens for Feds.
Attorney r. E. Gates of Indianapolis,
general counsel for the Federal league,
opened the argument before Judge Ses-
sions and after reviewing the bill of
complaint, answers and affidavits made
his attack on the reserve clause and the
ten-day clause. II was in the midst of
his argument that Judge Sessions in
terrupted with pointed questions which
indicated that the Federal league must
first establish that II has come into
court with clean hands i'm seeking an
order enJoining Killifer from playing with
the Phillies.
Stripped Of its legal verbiage the ques-
tion was raised by the court that since
the Federal league is not a party to the
contract 1t is seeking 10 have declared
invalid and to have relief from 1t should
demonstrate that IL has no part in
spring killifer even in violating the
moral obligation conferred by the reserve
clause Of his 1918 contract.
Clean Hands Necessary,
Assuming the contract is not binding, {"
said the court, "and constituting IL for
purposes OF argument solely as a moral
obligation, as understand the authorities,
he who seeks equity must himself come
into court with clean hands. Where
there is moral obligation, you, having
been party to the breach OF obligation
claim you are entitled TO enforcement Of
the contract Notwithstanding your action
in that regard"
Attorney Samuel NJ Clements, counsel
for the Philadelphia National league club.
stated that the question Of the right Of
the complainants to seek relief is the one
big issue In this case.
8, Injunction Made Permanent.
HOT SPRINGS, Ark, April 4.-HoIding
that contracts between base ball players
and club owners may lack mutually. but
1t was not question to be raised by a
third party, Chancellor ]. p Henderson
today made permanent the Injunction pre-
venting Federal league agents from in
terfering with players of the Pittsburgh
National league club.
The Injunction was brought against II.
Camnitz' agent Of the Pittsburgh Federal
league club.
McQuilian and Viox. members of the
Plttsburgh Nationals testified that Cam
nitz had made offers to them to toin the
Federals. The contracts between these
two players and the Pittsburgh National
club, minus the salary figures, were Of
| fered as evidence I'm the hearing, to-
gether with a copy of the agreement be.
tween National league clubs.
Counsel for Camnitz contended that the
contracts and the agreement are in viola.
ton of both state and federal antitrust
laws.