The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1914-04-10
Decision Holds that Fede nj
League does not Come INTO
Court with Clean Hands
Both Contracts Valid
RESERVE CLAUSE IN
CONTRACT HELD INVALID
Killifer Described by Court as
Man Expert in His Profes.
sion but Whose Word is no
Good
ny Leased wire 10 Evening Herald

tBy LEASED Wire Ia Evening Herald
Grand Rapids Mich. Aprii 10. -
Judge Clarence W Sessions IN the
denied the application of the Chi
cago federal league club for AN in
\ 1Laction c%njuining Catcher William
j. killifer, Jr., from playing with
the Philadelphia National league
Vlub. The Judge denied the appil-
cation on the ground that the Chi
cage Federal league club ala not
come into court with clean hands.
The decision also holds the reserve
clause is not valid,
The decision holds that the cor
tract OF January s. 1919, by which
hillifcr agreed To play with h chi
cngo Federal league club and thc
contract Of January 20, which he
made on jumping back 10 the phela-
delphIa National league club are in
form, valid and binding ON the
parties thereto
Awful Roast for Knlifer.
Killifer Is roasted for making the
contracts. the decision reading:
This record ~ that the de-
PENDANT ktllifer, is a baseball play
err 1f unique, exceptional I'D extra
ordinary skill and e~Npertness. I'M
fortunately the record also shows
that he Is a person on whose pledged
word little or no reliance can be
placed, and who, for Lnin TO himself,
neither scruples nor hesitatos to dis
regard ana violate his expressed en-
Ragements and agreements
A<tcr conCcding the validity az the
1914 contracts the decision says.
Tho questions here presented and
recurring consideration are these:
First, are the provisions ct the l9l3
contract between the defendants rel-
atlyc 20 the reservation of the player
for the succeeding season valid and
enforceable and,
Second, are the plaintiffs by their
own conduct. barred from seeking re-
lief In "a court OF equity
"Thu leading authorities, with pos
sibly one exception are agreed that
,Xccptionary contracts Of this nature
can neither be enforced in equity
nor form the basis Of AN action az
law To- roy damages Tor breach
The reasons for the decision are that
such cor tracts are lacking In the
nectsgars qualities of dc.,niteness,
certainty and mutually. The 1913
contract between these defendants
relative TO the reservation Of the de-
PENDANT. klllifer, Tor The setsun OF
1914. ls lacking IN all these essen
tial elements. n ~ wholly uncertain
and iut ennitc with rerpect to salary
and also in respect tu terms and
conditions of the PROPOSED employ
mont. n IL nothing more han "A
contract 90 enter INTO "a contract In
uEc future. ana II no parties can
thcn agree TO contract. Although II
is founded ON sufficient confederation
lt lacks muHuaiity because the Phlla-
dclphia club may terminate u at ~
time on ten days notice, while The
other party has no such Optitn und Is
bound during the entire contract Pc
Rod. a contract exists, but 70 brok-
on by either party the other is RENE
dllp-s. because the courts are hclp-
less to enforce &c. performance or 70
award damages for breach
'The principle embodied in the
ma im. ne WIN ome into his
equity must come with clean hands
Be- "a cardinal one laying az the toun-
dation Of equity Jurisprudence"
The decision continues;
"Can b be doubted that IL the plain
lifts had not interforred, kir. Kill
Ger would have carried out his agree
ments with the Philadelphia club In
honesty and good faith2
"Kilifcr expected TO derive a ben
eft O their contract ana bota
knew TIM uuh contract, II perform
"a. would work a serious Injury 10
the Philadelphia club. The conduct
ul both is not only open TO criticism
and censure, but is tainted with un-
fairness and injustice. II not with
a%vtiouable fraud"
The court concludes;
THE motion for an Injunction
must be- denied. not because the
eNccuuOuHfy part of the 1913 CON
tract between The defendants Was
"a superior or any legal force and
effect. hut because the contract DEE
tween plaintiffs and defendant KIT
fer la not ia itself such "a one az the
courts viii enforce, not because
there are any equities in kilhiera
case which excuse or exempt MN
from the performance - his en-
anutmcnts. aud not because tht
m.rits of the controversy are win
y tht philadelphia cluh. but solely the
actions aud conduct Of The piaintltis
in procuring the contract ON which
their right a. relief WAS and must be
founded. do not square with ms oi
the vital and Fundamental principles
I'D equity which touches 90 the quick
DIGNITY of "a court of CnnHcicnce ana
controls its decision regardless ot all
other considerations
Attorney Sauau ~ knapnon, local
%rounaei for the Chicago Federal
l,nrue. after receiving the decision OF
fudge Sessions, said that the thic0gu
Frdorai league Clud would nov
probably brng suit tor damage
against kiliifer
ugnRMAN EXPLAINS WHAT
RESERVE CLAUSE MEANS