Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1914-04-11
COURT RULES AGAINST
THE FEDERAL LEAGUE
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HC II LDLIlkAA ACf1u ~ IL
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Torrance or to award damages for it's
breach.
"The principle embodied the maxim
he whoc ONES into equity must come
with clean hands is a cardinal one ly-
ing at the foundation of equity turis.
prudence. The principle thus broadly
enunciated is peculiarly appropriate
and applicable to cases like the present
one where relief will not be granted
as matter Of strict right but must re-
suit from the exercises of sound jul
dicial discretion.
Measuring and testing their conduct
by this rule, are the plaintiffs in court
with clean hands? Knowing that the
defendant Killifer was under a moral
if not legal obligation to furnish his
services to the Philadelphia club for
the season of 1914 they sent for him
and by offering him longer term of
employment and much larger compen-
sation induced him to repudiate his
obligation to his employer. In so do.
ing willful wrong was done to the
Philadelphia club which was none the
less grievous and harmful because the
injured party could not get legal re-
dress in and through the courts Of the
land. Can it be doubted that If the
plaintiffs had not interfered Mr.. Kill
lifer would have carried out his agree
ments with the Philadelphia club in
honesty and good faith?
Player Expected Benefit.
"Killifer expected to derive benefit
and a profit from the contract and
both knew that such contract, If per
for cd, would work serious injury
to e Philadelphia club. The conduct
of both is not only open to criticism
and censure but is tainted with unfair
ness and injustice If not with action
able fraud. To drive shrewd bar.
gain is one thing and to resort to I'M
fair and unjust practices and meth
ors in order to obtain an advantage
over business rival or competitors,
is another. Courts of equity may pro-
tect and enforce the former but will
not sanction nor lend their aid to the
latter While it is true that the plain
tiffs and Mr.. Killifer have entered in
to legal and binding contract for the
breach of which the one may be COM
PEELED to respond in damages to the
other, it is also true that, because both
have acted wrongfully and In bad
faith a court of equity will neither ad-
lust their differences nor balance their
equities.
Done on Plaintiffs Action.
"The motion for an injunction must
be denied not because the executory
party Of the 1913 contract between
the defendants was Of superior or any
legal force and effect not because the
contract between plaintiffs and defend
ant killifer Is not in itself such one
as the courts will enforce; not be-
cause there are any equities in Killif-
ers favor which excuse or exempt
him from the performance of his en-
gagements; and not because the mer-
it's Of the controversy are with the
Philadelphia club; but solely because
the action and conduct Of the plaintiffs
in procuring the contract upon which
their right to relief is and must be
founded, do not square with one OF
the vital and fundamental principles
of equity which touches to the quick
the dignity of court of conscience
and controls it's decisions regardless of
all other consideration"
Attorney OLudEL H. NudppcA, IOCdA
counsel for the Chicago federal league
club, after receiving the decision OF
Judge Sessions said that the Chicago
federal club would now probably bring
suit for damages against killifer.
Chicago, April 1O.-The federal
league regards the Killifer decision as
victory despite the fact that it's plea
for an injunction restraining Killifer
from playing with any but the Chica-
20 federals was denied. In the opinion
given on the reserve clause. President
Gilmore declared the outlaw circuit
was a winner not only in that it allows
the new league to keep the major
leaguers it has signed but that it will
give his organization an opening for
a bigger raid next year.
Regarding Killifer himself Presi-
dent Gilmore said the league would
carry the case to the highest court.
Gilmore left this afternoon for New
York and will attend the federal open
ing in Baltimore next Monday He
said he was not prepared to discuss
more fully the Grand Rapids decision
at present.
ALBA HIGH ENJOYS BANQUET.