Omaha daily bee., 1914-04-11

Y
be denied Not because the executor,
part OF the 1913 contract between the de.
PENDANTS was OF superior or any lega
force and effect; not because the contract
between plaintiffs and defendant Killifel
Is not in itself such one as the courts
Will enforce; not because there are any
equities in Killifer's favor which excuse
or exempt him from the performance OF
his engagements, and not because the
merits Of the controversy are with the
| Philadelphia club, but solely because the
action and conduct of the plaintiffs in
procuring the contract on which their
/ right 20 relief is and must be founded.
do not square with one OF the vital AMI
fundamental principles OF equity which
touches TO the quick the dignity of a
court OF conscience and controls it's de-
cision regardless OF all other consldera-
TONS
Attorney stuart E. Knappen, local coun.
sci for the Chicago Federal league club.
after receiving the decision Of Judge
Sessions, said that the Chicago Federal
club would not probably bring suit for
damages against Killifer
CINCINNATI. o.. April lO.-Chairman
August Hermann OF the National Base
Ball commission, when informed that the
reserve clause had been declared not
valid at Grand Rapids, gave out the fol-
lowing statement:
Judge Sessions ruling is based on the
old reserve clause, which was in KILL
fer's contract. The old reserve clause
has been revised and the one that Is
now included in contracts is greatly dif-
ferent from the one In question in Grand
Rapids The old reserve clause was in
definite In number of respects, while
the one now in use is definite in every
respect. l cannot comment on the case
further until 1 have an opportunity OF
knowing just what the decision is in It's
entirety"
Chairman Hermann after reading the
decision OF Judge Sessions, said:
1T will take time to thoroughly go into
the decision and I may have a statement
later. At present l can only show you
tho difference. between. the old reserve
clause and the new. Tho old clause says,
In consideration. OF the compensation
paid to the party OF the second part (the
ball player by the party OF the first part
(the club owner as recited In clause one,
obligRtes himself TO contract with and
continue in the service OF said party Of
the first part for the succeeding season
at salary 20 be determined by the par
ties TO such contract 80.
THE new clause reads: The player
will. at the option OF the club enter into
a contract for the succeeding seasons on
all the terms and conditions of this con-
tract. save as to clauses and 10. and
the salary to be paid the player In the
event Of such renewal shall be the came
as the total compensation provided for
the player in clause 1 thereof. unless II
be increased or decreased by mutual
agreement.
Clause / relates to salary. while clause
10 Is the reserve clause"
Philadelphia Also Pleased.
PHILADELPHIA, Pa, April l0.-The
Philadelphia National league club re-
CARDS the Killfer decision az a complete
sictory because every contention II made
Is conceded by the court. Attorneys for
tho club stated that the question OF the
validity OF the reserve clause had not
been raised by the Philadelphia club in
the suit statement will be issued by
the club later in the day.
Connie Mack had this TO say about the
decision;
Il cannot see that 1t will make any
particular difference to base ball for
that Is only the opinion OF one Judge, ana
another Judge may view the case In an
entirely different light The public wants
base ball and the players want to play
base ball just a. much as the club owners
want them.
SHOULD players decide to Jump to other
clubs they probably would get bigger
salaries, but they should remember what
happened during the brotherhood strng.
gle, Then the players got tremendous
salaries. but at the end OF a year the
salaries dropped 10 almost nothing.
''If the owners have to pay big money
again they are going to make IL up some
way and II jumpers are to get exorbitant
salaries some one must pay the freight.
II think we must look To see some OF
the players jump II the Federal league
continues in existence"
Victory says Gilmore.
CHICAGO. April lO-The Federal
league regards the Kilhfer decision as a
victory despite the fact that its plea for
an injunction restraining the catcher
from playing with any but the Chicago
Federals was denied. In the opinion
given on the reserve clause. President
Gilmore declared the outlaws" circuit
was a winner. not only in that It allows
the new league 20 keep the major lsaguers
IL has signed, but that Il will gre his
orsaniEation an opening for a bigger raid
next year
Resarding Killifer himself. President
Gilmore said the league would carry the !
case TO the highest court.
Gilmore LEFT this afternoon for Nav |