New Britain herald., 1914-04-11
RESERVE CLAUSE NOT
 BINDING, SAYS JUDGE
Important Observation Made in De-
 ClSion en kiIlifcr Case.

yesterday which is likely to have great weight in the fight between or ganized baseball and the Federal league. In denying q permanent in- junction asked by the independents to restrain Catcher Bill Killifer from playing with the Philadelphia Ma tionals Judge Sessions expressed an opinion that the reserve clause upon which the main foundation Of organized baseball is laid, is not bind- ing to a player after he has served the term stipulated in the real con- tract. '.s
 The injunction asked by the Chi cago Federal league promoters was denied on the ground that no third party had any right to tamper or in- terfere with the legal or moral obli- gations existing between two parties bound by mutual compact or under standing. By this the Federals are held as having no standing in court toward establishing claims to players who have repudiated the reserve clause, signed contracts with the new league and then disregarded these contracts to return to their original employers. Organized baseball, he holds, has no redress when a player of his own volition, at the expiration of his contract term. disregards so- called reserve to sell his services to the highest bidder
 Tn his decision Judge Sessions said:
 'The leading authorities, with pos- sibly one exception, are agreed that executory contracts of this nature can neither be enforced in equity ncr form the basis of an action of law to recover damages for their breach. The reasons for the decisions are that such contracts are lacking i'll the necessary qualities of definitenesc. certainty and mutuality
 ''The 1913 contract between these defendants. relative to the reservation of the defendant Killifer for the sea- son of 1914, is lacking in all of these essential clements It is wholly un. certain and indefinite with respect to salary and also with respect to terms and conditions of the proposed eln- ployment. It is nothing more than contract to enter into a contract in the future, if the parties can then agree to contract.
 Although 1t is founded upon suffi- cient consideration, it lacks mutu- ality because the Philadelphia club may terminate 1t at any time upon ten days notice, while the other party has no such option, and is bound dur ing the entire contract period. Al contract exists. but if broken by either party the other is remediless because the courts are helpless either to enforce its performance or to award damages for its breach.
 ''The principle embodied in the maxin He who comes into equity must come with clean hands, Is n cardinal one lying at the foundation of equity jurisprudence. The prin- ciple thus broadly enunciated is pe- culinrly appropriate and applicable to eases like the present one, where relief will not be granted as a mat ter of strict right, but must result from the exercise of sound judi- cial discretion.
 Measuring and testing their con- duct by this rule. are the plaintiffs in court with clean hands? Knowing that the defendant Killifer was un- der a moral if not a legal obligation to furnish his services to the Phila- 'delphia club for the season of 1914, they sent for him, and by offering him longer term of employment and a much larger compensation induced him to repudiate his obligation to his employer.
 Tn so doing wilful wrong was done to the Philadelphia club. which was none the less grievous and harm full because the injured party could not obtain a legal redress in and through the courts of the land. Can 1t be doubted that if the plaintiffs had not interfered Mir. Killifer would have carried out his agreements with the Philadelphia club in honesty and good faith?
 Eilllfer expected to derive a hem eft and profit from their contract, and both knew that such contract if performed, would work serious ir- jury to the Philadelphia club. The conduct of both is not only open to criticism and censure, but Is tainted with unfairness and injustice, If not with actionable fraud. To drive a shrewd bargain is one thing, and to resort to unfair and unjust practices and methods in order to obtain an advantage over a business rival or competitors is another. Courts of equity will protect and enforce the former. but will not sanction nor lend their aid to the latter.
 While it is true that the plaintiffs and MT. Killifer have entered into a legal and binding contract for the breach of which the one mcy be com pelled to respond in damages to the other, 1t is also true thct, because both have acted wrongfulIy and iu bad faith a court of equity wifi neither adjust their differences nor balance their equities.
 'The motion for an injunction must he denied, not because the cy- ecutory part of the 1913 contract be- tween the defendants was of superior CT any legal force and effect, not be- cause the contract between the plain c,oA lnfo