The Birmingham age-herald., 1914-04-05

Grand Rapids. Mich. April 4.-Deci-
 sion as to the winner in battle between
 the new Federal baseball league and
 organized baseball, as represented by the National league. is up to the um- pire. Judge Clarence W. Sessions, of
 the United States district court for
 western Michigan
 Arguments of counsel in the ease
 brought by the management of the
 Chicago Federal league club to enjoin
 J. Killifer Jr., from continuing in the
 service of the Philadelphia National
 league club or any other than the Chiz
 cago Federal league organization were
 completed late today and the judge
 took the case under advisement. He
 announced he would not render a de-
 cision before next Tuesday and pos
 sibly not for a week or 10 days.
 While the counsel for the Federal
 league centered their attack upon the reserve clause of contracts in organ
 lzed baseball and the so-called To-day
 clause permitting club to dispense with contracted players services at any time after a 10 days notice, the issue went off at tangent when Judge
 Sessions during the argument raised the question as to the Federal leagues moral rights in the matter. Under hy- pothetical questions directed at coun- sel for the Federal league the judge pointed out that Killifer and the man. aEement ef the Philadelphia club are the parties to the contract containing
 the reserve and 10-day clauses and both have said they are satisfied Further he referred to the Chicago Federal league club as an outsider, not a party to the contract, but>nevertheless seek ing relief from the court on a breach of the original contract which 1t, by offering larger Inducements. might have inspired. He said:
 Must Have Clean Hands He who seeks equity must himself come into court with clean hands. You, having been a party to the breach of obligation. claim you are entitled to an enforcement of the contract. notwith . standing your action in that regard" Judge Sessions questioned counsel for the complainant with regard to the knowledge of the Chicago Federal league club magnates of the existence of the Philadelphia contract and re- serve clause. He stated plainly this was
 one of the completing questions of the case for the court. He added the rem edy sought by the compliments is ex- traordinary in the United States dis trict that temporary injunctions are
 not granted except on a showing of ab- solute right
 In defense of his position that the Chicago Federals had come into court with clean hands,, Attorney r. E. Gates asserted thatS granting the in- validity of the reserve clause Killifer had discharged all moral obligations under it when he waited until Jam uary IA, 1914, before signing with the | Federals.
 Pepper Uses Epigram Attorney George Pepper of Philadei- phia took the other side. His argument was woven around the epigram: Should the seducer of an employe be entitled 10 equity in court?"
 Attorneys for the National league
 club took occasion briefly to defend
 the reserve clause and the 10-day
 clause.
 Affldavits by President James A. Gil
 more of the Federal league, Joe Tinker,
 manager of that club Charles Weegh-
 man, president of the Chicago Federal league club. and several others were
 filed to show that Killifer's services