The Sentinel=record. (Hot Springs, Ark.) 1900-current, 1914-04-05
DECISION EXPECTED
IN KILLIFER CASE
MANY POINTS SIMILAR TO THOSE
IN LOCAL CASE DECIDED IN
HOT SPRINGS COURT.
killifer Testified That He Was Salts.
fled with His Contract with the
Phiadelphias.

Grand Rapids, Mich. April 4.-De-
cislon as 10 the winner in the battle
Between the new Federal baseball
league aad organized baseball as rep
resented by the National league, is
up to the umpire. Judge Clarence W.
Sessions of the United States district
court for western Michigan.
Arguments of counsel in the case
brought by the management of t1e
Chicago Federal league club to en-
join VIM. J. Killifer, Jr., from con
tinuing in the service of the Philadel-
phia National league club or any club
other than the Chicago Federal lea
que organization, were completed late
today and the judge took the case
under Amusement. He announced he
would not render decision before
next Tuesday and possibly not for a
week or ten days.
While the counsel for the Federal
league centered their attack upon
the reserve clause of contracts in or
ganized baseball and the so-called
ten day clause permitting a club to
dispense with a contracted players
services at any time after a ten days
notice, the issue went off at a tan
gent when Judge Sessions, during the
argument raised the question as TO
The Federal leagues moral rights in
the mattem
Under Hypothetical questions di
rected at the counsel for the Federal
league the Judge pointed out that XII.
lifer and the management of the Phil
adelphia club are the parties TO the
contract containing the reserve ant
ten days clauses and both have said
they are satisfied.
Further, he referred to the Chicago
Federal league club as an outsider,
not party to the contract, but aey-
ertheless seeking relief from the
court on a breach of the original
contract which it, by offering larger
inducements, might have inspired. He
said:
"TIe who seeks equity must himself
come into court with clean hands.
You, having been party to the
breach of obligation, claim you are
entitled to an enforcement of the con.
tract, notwithstanding your action in
that regard"
Judge Sessions questioned counsel
for the complainant with regard to
the knowledge of the Chicago Fedora
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 remedy sought by the complain
ants is extraordinary in the United
States district court; that temporary
injunctions are not granted except
on showing of absolute right.
In defense of his position that tho
Chicago Federals had come into cour-
with "clean hands" Attorney e. +.
Gates asserted that granting the III
validity of the reserve clause, killiier
had discharged all moral obligations
under it when he waited until Janu
airy IA, 1914, before signing with the
federals.
Attorney George Pepper of Phila-
delphia took the other side His ar
gumeat was woven around the cpl
gram:
Should the sedueer OF an umpire
be entitled TO equity?"
Attorneys for the National league
club took occasion briefly to defend
the reserve clause and the ten-day
clause.
Afhdavits by President James A
Gilmore Of the Federal league Joe
Tinker. manager of that club, Chas.
Weeghman. president of the Chicago
Federal league club, and several 9th
ers were filed to show that Killers
services were Of value to the Chi
cage sederals.
It was brought out that the ten
days clause was eliminated from Xii
lifer's contract and the reserve clause
broadly amended subsequent to his
signing the 1914 National league con
tract. The compliments cited this as
an evidence of error In the original
form OF contract They also charged
that owing to a reorganization and
a incorporation of the Philadelphia
National league club. the corporation
now seeking to retain Killifer's serV-
ices under the 1913 contract reserve
clause is not the same company which
was one of the parties to the original