Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-04-12
RESERVE CLAUSE
NOT VALID, SAYS
DAVID L.FULTZ
Not Equitable, and Indefinite as
to Amount Of Salary,
Reasons He Gives.
YORK. April 11-David l

NTEW YORK, April 11,-David L.
" Fultz, President of the Baseball
Players Fraternity, explained
in a lengthy interview yesterday why
his association refused to compel its
members to consider the reserve rule
contained in contracts of organized
baseball The fraternity, he declared
would assume an Indifferent attitude
until the legality of the clause in
question had been determined in the
courts of law. However, F'uhz left no
doubt as to his personal sentiments
in the matter.
If this very troublesome clause is
tested" said ne, ''as now seems likely
We believe the result will prove that
We have been wise in the stand We
have taken"
Fultz is a lawyer and as such, per-
haps, his opinion is worthy of con-
sideration, doubly s. as, unlawyerlike,
it was furnished gratis. One loop
hole of attack to the reserve rule, he
says, is its many different forms. He
claims the major league instruments
are entirely different from those which
prevail in the minors, and that the
lesser leagues heretofore have en-
pare favorably to the number of as
seciations operating under the great
organization.
The reserve clauses as set forth
in the two major league contracts for
the season of 1913 and under which
players who have jumped to the Fed
eral League must be held, If at all. are
identical, and to my mind unques-
tionably unenforcable," said Fultz.
There are two alleged defects in the
provisions: First, its inequitable ma
ture in that it binds the player for
his entire career, while the club is
bound for only ten days; and second,
its neglect to state what salary shall
be paid under the contract to be en-
tered into"
Court Has No Power Here.
The president of the fraternity says
no court has the power to compel
player TO play with his own team.
The sense of the reserve clause, In
his estimation is to prevent that
player from appearing with a rival
club. Such latter action is possible,
he thinks, only in a contract of equity,
which is not possible under the pres
ent reserve rule.
Lawyer Fultz argues that to be
equitable the reserve clause must
as a definite period of time. He cites
the case of the Metropolitan Exhibit
ton Company against John NJ. Ward
during the observation-disclosures of 1890.
This company, which was the New
York baseball club, attempted by a
preliminary injunction to restrain the
present business manager of the
Brooklyn Federals from appearing
with a Brotherhood team
The court refused to grant the in
junction because the terms were too
indefinite" Fultz says. 1T said" he
continued, that court Of equity will
not make a contract which the parties
themselves have not made, and that
ii viii not enforce an indefinite one
are elementary propositions that need
no citations of authorities to sup
port them
According to Fultz's statements the
reserve clause of Wards contract was
stronger than the one used to-day by
the major leagues. 1t provided that
the salary for the succeeding year
should not be less than $4,000 The
present one provides no minimum
Whatsoever, leaving the matter en-
tirely with the owners.
Cites Larry Lajois's Case.
on the other hand Fultz spoke of
against Laioic This club on the
strength of the reserve clause secured
an Injunction from the Supreme Court
of Pennsylvania against the great
Frenchman The fraternity eXecu-
tive declares that Lajoie's contract
provided for a renewal Of terms at
the same salary for a period of three
years, thus doing away with the OBJ
lection of want of definiteness.
F'ultz further offered gratis to or
canized baseball a suggestion that it
steer wide of the law courts on the
reserve clause controversy. He ad-
mitted that clubs had TO protect
themselves by conserving the best
talent against chance lures Of the
moneyed rivals. But this he thinks
can be adjusted readily through some
agreement among the club owners
and not by imposition upon the play
ers.