Evening star., 1914-06-03
PLEA Of FEDERALS
RE)ECTEDBY COURT
Permanently Enjoins Cincin-
natl Ball Player From Jump
ing to Kansas City.
UPHOLDS THE VALIDITY
OF "TEN-DAY CLAUSE"
Victory for National League in Con-
troversy Over Possession of
Pitcher George H johnson.

CHICAGO. June 3.-Judge Foell in
the supreme court Of Cook county to-
day sustained the injunction obtained
by the Cincinnati club. April 90. re-
straining Chief Johnson from pitch
ing for any team except the Cincinnati
Nationals. and by his decision stopped
what threatened to be the most ex-
tensive raid on organized ball ever
made. Scores of players. including a
dozen or more stars. were ready to
jump" to the outlaw league at the
word that Johnson's case had been de-
cided in favor of the Kansas City Fed
erals whom he Joined after deserting
Cincinnati.
Contracts. it is said. had already been
signed depending only on the contin-
gency that the pitchers Jump" would
be held legal
The injunction. of course. restrained
Johnson from playing only within
the state Of Illinois but while he could
havoc pitched in games outside. the
Kansas City club declined to let him
rather than take a chance on pre-
judfcing his case
solution of the injunction. arging that
the contract johnson signed with Gin
cinnati was invalid because of the
'ten-day clause" and that negative
covenant, forcing a player to perform
only for the team with which he has
contract, cannot be enforced in law
Judge Foell. at the request of the
Federal League. granted an appeal and
twenty days for filing the certificate
of evidence.
In his decision the court said:
The testimony shows that with few
exceptions section seven, referring to the
ten-day clause cited in the contract in
question, is practically the same as that
contained in practically every base ball
contract entered into between the play
ers and the principal clubs of the coun-
try during the last twenty years or
more.
1T seems improbable that the many
members constituting the great fraternity
of base ball players should have. for a
score or more years. voluntarily signed
such contracts if the practical effect of
the clause resulted in the infliction of
an unconscionable hardship on the play
ers Under the evidence in this case and
the rule laid down in the authorities the
court is Of the opinion that the contract
ing question here is not void because Of
section seven thereof"
Points Raised in Case.
The courts decision was based on the
four points raised in the case:
THAT johnson was induced to sign
with the Cincinnati club by false repre-
sentations.
THAT the seventh section referring to
the clause by which a player can be dis
missed on ten days notice makes the
contract invalid, as it is not reciprocal
in its effect.
3+That the complainant, the Cincinnati
club, can secure justice in a suit for dam
ages.
THAT a negative covenant" in this
case the clause restraining the player
from playing with any team other than
the one contracted with during the life
of the contract, cannot be enforced in
law
After reviewing the history OF the case
the court took up these points in order.
In regard to the first point concerning the
alleged fraudulent representations made
to Johnson regarding the ability of the
Federal League to fulfill a contract. the
court held that nothing had been given
in evidence to show such misrepresenta-
ton had been made and that if so they
were mere expressions of opinion at best.
4 "Ten-Day Clause" Considered.
In considering the ten-day clause Judge
Foell pointed out that Johnson signed
the contract after working under simi-
lar one the last year at a much lower
salary and that the clause in substance
appears in almost every base ball con-
tract signed in the United States. and that
1t is hard to believe players would repeat
edly sign contracts which they conSd-
cred unfair.
The court held that 1t was impossible
for the complainant to recover in suit
for damages. inasmuch as specific per-
formance will not be enforced in the
courts. Considering this contention OF
the defendant, the court indicated that
in the answer Johnson did not deny the
peculiar nature of his services as set
forth in the bill for injunction and that
in fact the complainant has been unable
to replace him. although it has offered a
large bonus besides the salary to secure a
pitcher The contention of the defendant
that a negative covenant cannot be en-
forced in law was the strongest point
brought forward in the hearing of the
case for the dissolution Of the temporary
Injunction, numerous cases being cited
in its support, the court said
Held Not to Apply. ...
Most of these cases Judge Foell held
not to be in point for the reason that
where specific performance will not be
enforced by the courts relief will be
granted to the complainant in a suit
where a negative covenant is expressed
or implied. In this case the negative
covenant is implied. the court held. as
the player will play for no other party
during the period of his contract.
The court pointed out that in paying
Johnson 500 advance salary. in fining
him $50, and by other acts. the complain
ant had shown every indication or an in
tent to carry out its part OF the contract.
CHICAGO, June 3.-Federal League
headuuarters here received word yester-
day that the United States court at Gin
cinnati had set September 10 as the date
for the hearing of the killifer case be
tween the Philadelphia Nationals and the
Chicago Federals.