New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-04-11
FEDS LOSE FIGHT
TO HOLD KILLER
Catcher Can Play with Phil
lies, but Reserve Clause
Gets a Judicial Knock.
INJUNCTION DENIED
BY JUDGE SESSIONS
Basis for Decision Hangs on Fact
That Outlaws Came to Court
Without "Clean Hands"

Grand Rapids Mich, April 1o.-The ole
reserve clause in the contracts OF organ
lied baseball players was held 20 be in
valid and unenforceable in decision
handed down to-day by Federal Judge
Clarence W. Sessions, denying the appi'-
cation OF the Chicago Federal League
cIub for an Injunction TO restrain William
I<jllifcr. the catcher. from playing with
the Philadelphia National League CLUB.
Contracts Of such nature were held by
Judge Sessions 10 be lacking In the
necessary qualities of dehniteness' GER
tainty and mutually
"A contract exists" said the decision
but if broken by either party the Other
Is remedyless, because the courts are help
less 10 enforce its performance or to
award damages for its breach
Judge Sessions denied the application
solely because the petitioners did not
come into court with clean hands"
He said the plaintiff knew Killifer was
under a moral, if not legal, obligation
/ 20 play with the Philadelphia club when
II induced him to repudiate his ooliga-
ton by offering him a longer term OF EN-
pioyment and much larger compensation
; I'm so doing a wilful wrong was done 10
the philadelphia club. which was none the
| less grevious and harmful because the In
jured party could not obtain legal re-
dress"
The conduct Of both Kllifer and the
Federal League club was tainted with
unfairness and injustice, IL not actionable
fraud" in the opinion of Judge Sessions.
After asking the question. Are the
plaintiffs in court with clean hands, the
court answered II with the negative rul-
ing that 1.-THE motion for an injunction
must be denied-not because there are
any equities in Killifers favor which ex-
cuse or exempt him from the performance
Of his engagements and not because the
merits Of the controversy are with the
Philadelphia club. but solely because the
actions and conduct of the plaintiffs
do not square with one Of the vital
and fundamental principles Of equity
KilIifer was scored for making the two
contracts. the decision reading:
This record shows that the defendant
Killifer is a baseball player of unique ex-
ceptional and extraordinary skill and ex-
pertness Unfortunately, the record also
shows that he is a person upon whose
pledged word little or no reliance can be
placed. and who for gain to himself
neither scruples nor hesitates to disregard
and violate his express engagements and
agreements"
The reserve clause, bulwark Of organ
ICED professional baseball, came into be-
Ing IN 1880, when the old National League
adopted a bylaw which retained a play
er's services indefinitely 70 a club with
which ne signed a contract.
This reserve clause was suggested by A
O. Mills who afterward was the first
chairman OF the national board In 1881
when an alliance was formed by the Ma
tionaf League. American Association and
Northwestern League. the reserve clause
was retained as one Of the rules
II was decided later that the contract
was illegal. because it gave the player no
rights under a contract. II was then
about 1S90-that the "ten-day notice
was inserted on legal advice This made
It necessary for a magnate TO give Il
PLAYER ten days notice Of release.
This release then ended the contract
between the manager and player.
The reserve clause was thought abso-
lutely necessary 10 protect ball clubs pre-
vent constant jumping" and subsequent
competitive bidding.
Under the present ruling OF the court
the old reserve clause contracts are not
valid