New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-04-05
Judge Sessions, of Grand
Rapids, Takes Case Un-
der Amusement.
DECISION POSSIBLY
READY NEXT TUESDAY
Court Intimates That Complain
ants We're Party to Players
Breach Of Contract.

Grand Rapids. Mich, April 4-Decision
az 10 the winner in the first open battle
between the new Federal Baseball League
and organized baseball, as repTesPn's'
by the National League. IL now UP 10 VIZ
umpire. Judge Clarence w. Sessions %
the United states District Court for Wts''
ern Michigan.
Arguments Of counsel In the c9f
brought by the management or the en-
cago Federal League club 20 enjoin WIZ
lam J. Kllifer, jr. from continuing 800 ,
the service OF the Philadelphia NatiOna
League club or any other than the q
cago Federal League organization We
completed late to-day, and the judge TOD
the cag3 under adyisement. lie al
nounced that he would not render de
cision before next Tuesday, and possibly
not for a week or ten days.
While the counsel for the Federal
League centred their attack upon the re-
serve clause Of contracts In organized
baseball and the so-called ten-day clause,
permitting club 10 dispense With con
tracted players services a. any time sffer
a tcn-dsy notice, the issue vcered OF 40
a tangent when Judge Sessions during the
argument raised the question As 10 the
Federal Leagues moral rights IN the
matter.
Under hypothetical questions directed At
counsel for the Federal League the judge
pointed out that Killifer and the man
agement Of the Philadelphia club arc the
parties 10 the contract containing the
reserve and ten-day clauses, and both
have said they are satisfied Further, be
referred to the Chicago Federal League
club as an outsider. not party 10 the
contract but nevertheless seeking relief
from the court on breach Of the orig
inai contract which it, by Offering larger
inducements, might have inspired lie
said:
"He who seeks equity must himself
come into court with clean hands. You.
having been q party 10 the breach OK
obligation, claim you are entitled 10 an
enforcement Of the contract, notwitn-
standing your action in that regard"
L. l.. Gates, Of indianapolis; Stuart j..
Knappen Of Grand Rapids, ana s. h.
strawn, Of Chicago, represented the Fed
eral League IN the arguments. George
Pepper and Samuel NJ. Clement, Of Phil
adelphia, and William l.. Carpenter, Of
Detroit, represented the Philadelphia Ma
tonal League club.
Judge Sessions questioned counsel for
the complainant with regard 10 the knowl-
edge of the Chicago Federal League clue
magnates Of the existence OF the Phlio-
delpha contract and reserve clause. He
stated plainly that this was one Of the
completing questions or the case for the
court lie added the remedy sought ny
the compliments is extraordinary In the
United States District; that temporary
injunctions are not granted except on
showing of absolute right.
In defence of his position that the Chi
cago Federals had come into court with
clean hands" Mr.. Gates asserted that
granting the inyalidity OF the reserve
clause, Kilifer had discharged all mora
obligations under it when he waited until
January H. 1911, before signing with the
F'ederals.
Attorney George Pepper, OF Philadei-
phla, took the other side. Ills arGd-
ment was woven around the episrar1.
SHOULD the seducer OF an employe be
entitled TO equity in court?' Attorneys
for the National League club took coca
sion briefly TO defend the reserve clause
and the ten-day clause.
1t was brought out that the ten-day
clause was eliminated from killifers
contract and the reserve clause broadly
amended subsequent to his signing the
1914 National League contract. The con-
plainants cited this as an evidence Of
error i'm the original form Of contract.
lie also charged that, owing TO reor-
sanization and incorporation Of the
Philadelphia National League club. the
CORPORATION now seeking to retain Kilt
fer's services under the 1913 contract
reserve clause is not the same company
which was one Of he parties Of the orig
inal contract.