Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1914-04-06
BASEBALL BATTLE IS
NOW WITH JUDGE

Grand Rapids, Mich, April DE
cision as to the winner in the first open
battle between the new Federal Base
ball League and organized baseball as
represented by the National League. is
now up to the umpire. Judge Clarence
w Sessions lof the United States dis
trict court for Western Michigan.
Arguments of counsel in the case
brought by the management of the
Chicago Federal League Club to en-
join William j. Killifer, Jr., from con-
tinuing in the service of the Philadel-
phia National League Club or any
other than the Chicago Federal
League organization, were completed
late Saturday and the judge took the
case under advisement. He announced
he would not render a decision before
next Tuesday and possibly not for a
week or 10 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 10
day clause permitting a club to dis
pense with q contracted players ser
vices at any time after a 10-days no
tice. the issue went off at tangent
when Judge Sessions raised the ques-
ton as to the Federal Leagues moral
rights in the matter.
Upon Hypothetical questions directed at
counsel for the Federal League. the
Judge pointed out that Killifer and the
management of the Philadelphia club are
the parties to the contract containing
the reserve and Today clauses and both
have said they are satisfied.
He referred to the Chicago Federal
League club as an outsider, not a party
to the contract, but nevertheless seeking
relief from the court on a breach of the
original contract which it, by offering
larger inducements. might have inspired.
He said:
He who seeks equity must himself
come into court with clean hands. You,
having been a party to the breach of OBJ
legation, claim you are entitled to an en-
forcement of the contract, notwithstand-
ing your action in that regard"
Judge Sessions questioned counsel for
the complainant with regard to the
knowledge of the Chicago Federal League
club magnates of the existence of the
Philadelphia contract and reserve clause.
He stated plainly this was one of the
completing questions of the case. The
remedy sought by the compliments, he
added, was extraordinary in the United
States district; that temporary injunc-
tions are not granted except on q show
ing of absolute right
In defence of his position that the Chi
cago Federals had come into court with
clean hands, Mr.. Gtaes asserted that,
granting the invalidity of the reserve
clause. Killfer had discharged all moral
obligations under it when he waited until
Jan IA, 1914, before signing with the Fed
erals
Attorney George Pepper of Philadel-
phia took the other side. His argument
was woven around the epigram,
Should the seducer of an employe be
entitled to equity in court?'
Attorneys for the National League
club took occasion briefly to defend
the reserve clause and the Today
clause.
Affidavits by Pres. James A. Gill
more of the Federal League, Manager
Joe Tinker of the Chicago Club, Pres.
Charles Weeghman of the Chicago
Federal League Club and several oth-
ers were filed to show that Kiilifer's
services were of value to the Chicago
Federals.
1t was brought out that the Today
clause was eliminated from Killifer's
contract and the reserve clause broad
ly amended subsequent to his signing
the 1914 National Leagues contract.
The compliments cited this as an
evidence of error in the original form
of contract. 1t was also charged that,
owing to a reorganization and re-
Incorporation of the Philadelphia Ma
tional League Club, the corporation
now seeking to retain Killifer's ser
vices under the 1913 contract reserve is
not the same company which was one
of the parties of the original contract.