The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-07-17
JOHNSON INJUNCTION
VACATED ON APPEAL
Two Judges Of Appellate Court
in Chicago Vote Reversal,
Other One Dissenting.
TEN DAY CLAUSE Is VOID
Full Opinion Will Be Handed
Down Later-Indian Now
Can Pitch for Federals.
TEN DAY CLAUSE Is VOID

CHICAGO. July 1s.--The Appellate Court
reversed to-day the decision of Superior
Court Judge Foell. which had made per-
manem an Injunction granted the Cincin-
natl club of the National League to re-
strain Pitcher George johnson from play
ing with the Kansas City Federal League
club or any professional baseball organ
ization other than the Reds. The re-
vcrsal was upheld by Justices Edward
o. Brown and Frank Baker. Justice WILL
lam II. McSurely dissenting.
The opinion of these Judges was not
handed down to-day The court merely
entered the order of reversal and will Ale
its opinion next week. None OF the
jurists would discuss the case. but II Is
known that the ten days option of re-
lease clause, attacked by Federal League
'ntor,ets on the ground that II lacked
mutually. was declared null and void
The court set aside the injunction oh
tained by Cincinnati. Johnson will be
able TO play with Kansas CITY.
None of the powers OF orga nized has
hall residing IN this city could discuss
'ntelligently the effect the reversal in the
Johnson case might have upon the big
combine of ma jor and minor league in
terests. Until the full opinion Is handed
down both sides will be more or less
at sea. j. Conway Toole. counsel for
the National League. who is in the closest
touch with the legal phases OF all the
controvt rsies between organized and
independent interests. was out OF town.
II was hoped ny all the major magnates
consulted that the case would not turn
out so badly as the bare reversal indi-
Gated One club owner venturcd the opin-
t1., t,as H. H., -
the highest courts. He pointed out that
the ruling was in direct variance with
that handed down by the Court Of APP
peals I'm the case Of william Killifer and
also with ruling Of tho court in the
Mdrsans case. In this last instance the
courts held legal both the ten days OPP
ton Of release clause and the reserve
clause.
II could not he learned whether or not
Marsans would he permitted to play with
the Federal League pending an appeal of
the controversy over that player.
Yesterdays was the first victory scored
by the Federal League In a number Of
legal battles But II Is admitted by the
forces OF organized baseball that this is
the most important skirmish because II
involved the new form Of contract
drafted last winter and one which II was
believed would stand the most rigorous
scrutiny Of the law.
Il has been stated unoffcally that the
reversal OF the Johnson finding will make
II possible for all major league players
signed to contracts embracing the ten
days clause to terminate these instruments
upon ten days notice TO their employers.
II is feared also that the finding may
have a direct bearing upon the injunc-
tion proceedings against Hal Chase which
are I'M for final argument in Buffalo to-
morrow.
whether or not the bottom is knocked
ont Of the ordinary organized baseball
contract by this disposition Of the John
son argument. the major leagues will not
he damaged seriously at the present time.
The great majority Of American and Ma
iional League stars are signed to lonH
term contracts from which the objection
able clauses we're eliminated.
CrNCiNNATi. July l6.-AuGust Herr
mann. president of the Reds. when in
formed Of the decision in the case ~
Pitcher Johnson. said the case will he
carried To the highest court. lie would
not discuss 1t any more than TO say he
preferred waiting until the Cincinnati
clubs lawyers had seen complete copy