The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-04-05
FULTZ SAYS RESERVE
CLAUSE Is NOT VALID
That's Why Fraternity Doesn't
Order Members to
Heed 1t.
LEGAL OPINION GRATIS
Not Equitable, and Indefinite
as to Amount Of Salary,
Reasons He Gives.

David l.. Fultz. president of the Base
ball Players Fraternity. explained in a
lengthy Interview yesterday why his as
ISOLATION refused to compel its members to
consider the reserve rule contained In con-
tracts Of organised baseball. The frazier.
nifty. he declared. would assume an in
dinerent altitude until the legality of the
c.auee In question had been determ ned
In the courts Of law. However. Fultz
left no doubt as to his personal senti-
ments In the matter.
III this very troublesome clause is
tested said he. "as now seems Likely, we
believe the result will prove that we have
oeen wise IN the stand we have taken"
Fuits 10 a lawyer. and as such. per-
maps his opinion Is worthy of considera-
hon. doubiy so as. unlawyerlke, IL was
furnished gratis One loopho OF attack
20 the reserve rule. he says. is its many
different forms He CLAIMS the ma jor
league instruments are ent rely different
from those which prevail in the minors
and that the lesser leagues heretofore
nave employed SUCH a variety as would
compare favorably to the number OF as
soclati0ns opei atIng under the great or
Sanixation.
The reserve clauses as set forth in
the TWO major league contracts for the
season OF 1913. and under which n. AYERS
who have Jumped to the Federal League
must be held IL at all. are Identical. and
TO my mind unauestionably unenfoi c able. :"
sald Fuitz There are two alleged de-
iects In the provisions: First, its ineaui-
table nature In that 1t binds the player
Tor his entire career, while the club
is pound Tor only ten days; and second
its neglect to state what salary shall be
paid under the contract to be entered
into
The president OF the fraternity saws no
court mas the power to compel a player
10 play with his own team. The sense
OF the reserve clause, in his estimation
IS to prevent that player from appearing
win rival club. Such latter action is
possible, he thinks, only In a contract
OF equity. which is not poss bile under the
present reserve rule
Lawyer Fultz argues that TO be equitable
the reserve Clause must name a definite
future salary as well as a definite period
OF time. He cites the case Of the Metro.
poiitan Exhibition Company against John
", WARD during the Brother hood war OF
1871. This company. which was the New
york baseball club. attempted by a pre
IiIninary injunction to rest, ain the presen,
business manager Of the BROOKLYN F.de
rails from appearing with Brotherhood
team.
The court refused to grant the intunc,ion
because the terms were too indeh finite"
F'ultz says. 1T said" he continued. .th,,
a court OF equity will not make a contract
which the parties themselves have not
made. and that 1t will not enforce an
Indefinite one are elementary propositions
that need no citations OF authorities to
support them"
According to Fultz's statements the re-
serve clause of Wards contract was
stronger than the one used to-day by the
major leagues. 1t provided that IN.
salary for the succeeding year should NOT
be less than $4,000. The present one
provides no minimum wha tsoever leaving
the matter entirely with the owners.
On the other hand. Fultz spoke OF the
case OF the Philadelphia Nationals agains,