Evening star. [volume] (Washington, D.C.) 1854-1972, 1914-06-23
MARSANS IS TIED UP
Court Rules He Cannot Play
Until Case Is Tried, !
REDS MUST GIVE BOND
Validity Of Ten-Day Clause Upheld
Which Is q Victory for Or
ganized Base Ball. /

ST. PAUL. MINI. June 23.-OrEantzed
base ball won another victory last night
when federal Judge W. II. Sanborn
granted a temporary Injunction restra.n-
ing Armando Marsans. former Cuban
left fielder of the Cincinnati club. from
playing with the St. Louis club of the
Federal League or any other ball club
except Cincinnati. until the alleged
breach of contract he Is charged with
has been tried In the United States dis
trict court in St Louis.
While the action is pending Judge San
born ordered the Cincinnati Exhibition
Company, owners OF the club. to give
bond of $4,000 to indemnify Marsons for
any possible loss he might sustain as a
result of the Injunction. The cause ot
organized ball was represented by George
H. Williams Of ST. Louis and Ellis q.
kinkead of Cincinnati Representing
Marsans. who did not appear in court.
were Dwight Currie, attorney for the ST
Louis club and L. E. Gates of Indian
League. Edward Steiniger. president OF
the St. Louis Federals, was present dur
ing the proceedings.
The validity of the ten-day clause in or
ganized baseball contracts was upheld BY
Judge Sanborn. He based his decision on
the fact that Marsons accepted a con-
tract in writing in which the Cincinnati
club agreed to employ him for speci-
fed period at q fixed compensation. on
condition that the club should have tho
right to discharge him on ten days no.
tice. The contract was valid and bind
ing after Marsans entered upon the per-
Torrance of the contract and received
the compensation according to the terms
OF agreement the court held.
Ability Extraordinary.
The court also held that Marsans' abil-
ty as a base ball player was extraordi-
nary, and that 1t was impossible for tho
Cincinnati club to replace him with anoth-
er player equally as good The fact that
Marsans had agreed not to play with any
other team while under contract with
Cincinnati was q negative covenant.
and the court stated that it was set
tied rule of law that an Injunction may
be issued to prevent an individual from
violating his negative covenant in order
to induce him to perform his contract.
That he was not an exceptional ball
player was the statement made in an
affidavit by the Cuban left fielder. He
stated that the Cine matt team had been
as successful since he left while he
was a member. He further stated that
outfielders were plentiful; that the serv-
ices Of pitcher or catcher were much
more valuable and such players difficult
to procure.
Marsans has been member Of the Gin
cinnati team three wears. the present
making the fourth year. His salary was
81 400. He objected to the ten-day clause
in his contract and gave ten days notice
to the management early in June, hoping.
so he claimed. that the obnoxious ten
day clause would be taken out OF his
contract. The afternoon of the same day
Marsans was suspended without pay fo.'
alleged disloyalty to the team and for
other reasons. During his suspension he
opened negotiations with the st. Louis
club Of the Federal League His sus-
pension suddenly ended. but. despite that
fact. the Cuban Jumped to the St Louis
club OF the new league, claiming that his
contract W tn Cincinnati was Illegal on
account of the ten-day clause.
| In order to retain his services or pre-
vent him from playing in the rival league
the Cincinnati Exhibition Company sought
a temporary injunction. The case will
now be tried on its merits in the United
States district court. In the meantime
Marsans can go back to the Cincinnatis or
not play ball.