The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-04-06
KILLER CASE.
Judge Sessions VIM Consider
and Give Decision Later.
Questions Asked by Court Indi-
cate Philadelphia Victory.

oHauu AV1OSs 141Cu.s ARAA ASc<-A-
sion as to the winner in the first open
contest between the new Federal
league and organised baseball. az rep
resented by the National league. now IS
up to the umpire. Judge Clarence w.
Sessions OF the United States district
court for western Michigan.
Arguments Of counsel in the case.
by the management Of the Chi
cago Federal league club. to enjoin
William J. Killifer. jr.. from continu-
ing in the service of the Philadelphia
National league club. or any other than
the Chicago Federal league organiza-
ton, were completed late Saturday and
the Judge took the case under advise
ment. He announced he would not
render a decision before next Tuesday.
and possibly not for q week or ten days.
While the counsel for the Federal
league centered their attack upon the
reserve clause Of contracts In organized
baseball, and the so-called ten-day
permitting club to dispense
with a contracted players services at
any time after ten days notice. the
issue went off at a tangent when Judge
Sessions. during the argument. raised
the question as to the Federal leagues
moral rights in the matter.
The Feds Arc Outsiders.
The court pointed out that Killifer
and the management of the Philadel-
phia club are the parties to the con-
tract containing the reserve and ten
day clauses, and both have said they
the Chicago Federal league club as an
outsider. not a party to the contract,
but nevertheless seeking relief from the
court on a breach of the original con-
tract which it. by offering larger in
might have inspired. He
said:
HE who seeks equity must himself
come into court with clean hands. You.
having been a party to the breach OF
claim you are entitled to an
Of the contract. notwith-
standing your action in that regsrd
Attorneys e. e. Gates of 1ndianapo-
lis, Stuart e. Knappen OF Grand Rap
Ids and s. H. Strawn of Chicago rep
resented the Federal league in the ar
guments. Attorneys George Pepper
and Samuel M. Clement of Philadelphia
and William L. Carpenter of Detroit
represented the Pn1ladelpnla NdtOndi
league club.
Absolute Right Must Be Shown.
Judge Sessions questioned counsel for
the complainant with regard to the
of the Chicago Federal
league club magnates Of the existence
of the Philadelphia contract and re-
serve clause. He stated plainly this
of the case for the court. He added the
sought by the compladnants is
in the United States dis
trict court, that temporary tnjunct1ons
are not granted except on a showing VI
absolute right.
In defense of his position that the
Chicago Federals had come into court
with "clean hands," Mr.. Gates asserted
that granting the invalidity OF tho re-
serve clause Killifer had discharged all
moral obligations under it when ne
waited until Jan. /, 1914, before signing
with the Federals.
Attorney George Pepper OF Philadel-
phia took the other side. His argument
was woven around the epigram:
SHOULD the seducer Of his employee be
entitled to equity in court?
Attorneys for the National league
took occasion briefly 70 defend the re-
serve clause and the ten-day clause.
=. Affidavits by President James A. Gil
more Of the Federal league. Manager
Joe Tinker Of the Chicago club, Pres.-
league club and several others were
filed to show that Killifer's services
were of value to the Chicago Federals.
The Ten Day Clause Eliminated.
1t was brought out that the ten-day
clause was eliminated from kfllifers
contract and the reserve clause broadly
amended subsequent to his signing the
1914 National league contract. The COM
plainants cited this as an evidence OF
error in the original form of contract.
He also charged that owing to q reor-
ganization and Incorporation of the
National league club the
now seeking to retain Kill
lifer's services under the 1913 contract
reserve clause is not the same company
which was one Of the parties to the
original contract
Among the interested spectators IN
~ H~v
Gilmore of the Federal league: Presi
dent Charles Weeghman of the Chicago
Federal league club. and President Will
liam r. Baker of the Philadelphia Ma
tjocal league club.
VaHn11TR AAN IN NhR1An