New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-07-01
COURTS DEAL A
BLOW TO FEDS
killifer, Who Made. Dou-
bic Jump, Can Play
with the Phillies.
DECISION MAY ACT
AS A BOOMERANG
Other Cases Likely to Hinge on
Ruling of United States Cir.
cult Court of Appeals.

Cincinnati, June 30.-The United
States Circuit Court of Appeals here
to-day affirmed the decision of United
States District Judge Sessions in the
case of William II. Killifer, jr.
Judge Sessions refused to grant an
Injunction asked for by the Chicago
ederal League club restraining Kill
lter from playing with the Phladel-
phia club of the National League, and
The case was appealed.
The opinion of the court was rem
dered by Judges Warrington, Denison
and Tuttle, and follows:
I'VE are led to agree with the view
of Judge Sessions that the COMPLAIN
ants suit could not be sustained under
the maxim He who comes into a cour.
OF equity must come with clean hands.
and the application of this rule derives
additional force from the reasons he
stated and the authorities he cited
Upon the whole. it is vain to urge that
the learned trial Judge abused his dis
Cretion.
"The order denying a temporary in
junction is affirmed, with costs. and
with direction to dismiss the bill, UNI
less complainant show TO the satisfac-
ton OF the trial judge that under APP
proprate amendment TO their bill of
complaint they are able to and will at
final hearing produce additional and
substantial evidence, but such dis
missal. II ordered shall be without
prejudice to the rights of any of the
parties TO institute such actions at law
as they may be obliged respecting the
subject of the present suit"
klllIfer. who was under reservation
to the Phillies. signed Federal League
contract and Jumped" TO that league.
Later he reconsidered his action and
went back to the Philadelphia club.
The Chicago Fedcrals then sought
an injunction restraining him from
playing with the Phillies, but in a
decision rendered at Grand Rapids.
Mich. on April 10. United States
Judge Sessions denied the injunction
because in his opinion the Fcderals
had not come into court with "clean
hands" The Federals then asked that
an appeal be allowed, and Judge Ses-
sions granted this request.
In its appeal the Chicago Federal
League contended that Judge Sessions
had erred n his decision because he
did not grant the temporary injunc-.
ton and because it had come into
court with clean hands.
United States Circuit Judge KNAPP
pen did not sit in the case because his
son was an attorney fer the Federal
Leagua club. and to-day. in the alb
sence OF Judges futile and Denison,
District Judges HOLSTER. 81 Cincin-
Presiding Judge. Warrington while the
latter rendered the decision.
No attorneys for. either side were
present in court.
Il was suggested here that the de-
csion may act as a boomerang against
organized baseball in other cases now
pending.
Boston. June 80 William II. KILL
fer. catcher Of the Philadelphia Ma
tionals. was highly elated when in
formed tonight that the United States
Circuit Court Of Appeals at Cincin-
natl had affirmed the decision of the
lower court in denying an injunction
20 the Chicago Federal League club
to restrain him from playing with the
Philadelphia team.
This is certainly a great victory
for US" he said.
Charlie Doom, manager Of the Phil
les, said:
"Of course, it is pleasing news.
though not surprising. for did not
sec how the decision could be other
wise"