Evening star., 1914-04-11
OLD RESERVE RULE
|SDECLARED VOID
b:
Decision by Federal Judge in
KiIIifer Case Scores
Chicago Feds.
HANDS WERE NOT CLEAN:
AN INJUNCTION is DENIED
Philadelphia Nationals Entitled
Morally, if Not Legally, to serv-
ices Of Player.

GRAND RAPIDS, Mich, April IL
The old reserve clause in the contracts
or organized base BAN players was held
to be invalid and unenforcible in the
decision handed down yesterday by
Federal Judge Clarence W. Sessions,
denying the application Of the Chicago
Federal League club for an injunction
to restrain Catcher William Killifer from
playing with the Philadelphia National
League club.
Contracts of such nature were held by
Judge Sessions to be lacking in the
necessary qualities Of definiteness, GER
tainty and mutually"
"A contract exists" said the decision.
but il broken by either party. the other
is remediless, because the courts are
helpless to enforce its performance or to
award damages for its breach
Judge Sessions denied the application
solely because the petitioner did not
come into court with clean hands He
said the plaintiff knew Killifer was un-
der a moral if not a legal obligation to
play with the Philadelphia club when it
induced him to repudiate his obligation
by offering him longer term of employ
ment and much larger compensation.
In SO doing a willful wrong was done
to the Philadelphia club, which was none
the less grevious and harmful because
the injured party could not obtain legal
redress
Tainted With Unfairness.
The conduct Of both Killifer and the
Federal League club was tainted with
unfairness and injustice. If not actionabie
fraud" in the opinion Of Judge Sessions.
After asking the question, Are the
plaintiffs in court with clean hands?' the
court answered it with the negative rul-
ing that "the motion for an Injunction
must be denied-not because there are any
equities in Kilhfer's favor which excuse
or exempt him from the performance OF
his engagements, and not because the
merits Of the controversy are with the
Philadelphia club, but solely because the
actions and conduct Of the plainuffs
do not square with one of the
vital and fundamental principles Of
equity"
The decision holds that the contract OF
January g. 1914. by which Killifer agreed
to play with the Chicago Federal League
club, and the contract of January ~.
which he made upon jumping back to the
Philadelphia National League Club, are
.'in form, valid and binding upon the
parties thereto
Killifer is scored for making the con-
tracts. the decision reading:
This record shows that the defendant,
Killifer, Is a base ball player OF unique,
exceptional and extraordinary skill and
expertness. Unfortunately, the record also
shows that he Is a person upon whose
pledged word little or no reliance can be
placed. and who. for gain to himself.
neither scruples nor hesitates to disre-
gard and violate his express engagements
and agreements
What Decision States.
After conceding the validity Of the two
1914 contracts the decision goes on to say:
'"The questions here presented and re-
quiring consideration are these:
"First-Are the provisions OF tho 1913
contract between the defendants relative
to the reservation Of the player for the
succeeding season valid and enforceable!
"Second-Are the plaintiffs by their own
conduct barred from seeking relief In a
court Of equity?
'"The leading authorities, with possibly
one exception, are agreed that executory
contracts of this nature can neither be
enforced in equity nor form the basis OF
an action at law to recover damages for
their breach. The reasons for the deci-
sions are that such contracts are lacking
in the necessary qualities Of deflniteness.
certainty and mutually.
PENDANTS relative to the reservation OF
the defendant killifer for the season OF
1914 is lacking in all of these essential
elements. 1t is wholly uncertain and in
definite with respect to salary and also
with respect to terms and conditions OF
the proposed employment. 1t is nothing
more than a contract to enter into a con-
tract In the future. il the parties can
then agree to contract. Although it is
founded upon sufficient consideration, il
lacks mutually because the Philadelphia
club may terminate it at any time upon
ten days notice. while the other party
has no such option and is bound during
the entire contract period A contract
exists, but IL broken by either party the
other is remediless because the courts are
helpless either to enforce Its performance
or to award damages for its breach.
Must Have Clean Hands.
Tho principle embodied In the maxim
He who comes into equity must come
with clean hands, is cardinal one, lyins
at the foundation of equity jurisprudenoe
The principle thus broadly enunciated is
peculiarly appropriate and applicable te