Evening star., 1914-12-31
BOOST FOR JOHNSON
Umpire-LaWyer Defends Dou-
bic Jump of Pitcher.
UNLIKE THE KILLIFER CASE
Statement Clears Walter of Shady
Ethics in Repudiating Federal
League Contract.
THE KiLLIFER CASE
BY CLARENCE ELDRIDaE.

Mr.. Eldridge is the former foot bail referee
who became an umpire In professional base
ball and Is now practicing law.
CHICAGO, December 31.-Has Walter
johnson, by repudiating his contract
with the Federal League and returning
to the Washington club, placed himself
in the class to which Judge Sessions
consigned Bill Killifer-as man
whose word ts of no sanctity and
whose contract Is worthless?
Fighting Jim Gilmore has asserted
that he has. But it may be conceded at
the outset that Jim may be slightly
prejudiced. Moreover, it may be ques-
toned whether the facts justify the
conclusion to which Gilmore has
jumped.
On the surface the cases are very
similar, but when questioned somewhat
more carefully 1t becomes apparent
that while in the Johnson case the
Washington club has retained every
legal advantage that the Philadelphia
club had in the Killifer case, it has
strongly fortified both it's own position
and that of the player himself by facts
which were not present in the Killifer
case.
Would Exonerate johnson,
The result is that unless the judge
before whom the legal battle over
Johnson's services is brought refuses
to accede to Judge Sessions applica-
tion Of the clean hands" doctrine.
there is no possibility Of the Federals'
being able to enjoin Johnson's pitch
ing for the Washington club; and in
addition the facts seem to be such
as nearly as they can be gathered f, ON
the details made public-that johnson
himself bids fair to be exonerated from
anything resembling unfair dealing.
Before killifer jumped to the Fed
erals he was bound to the Phillies
only by one of the old-fashioned re-
serve clauses, which was attached to a
contract containing ten-day release
clause. There is grave doubt now, as
there was then. of the enforcea bility
OF any contract containing a ten-day
clause. while there was no doubt at
adIo an as to the unenforceability of the
reserve clause. 1t merely bound the
player to negotiate with the club
owner. but since it contained none of
the terms upon which he was to play
FOR the club, it was too indefinite to
be enforced. On the other hand. the
reserve clause, if properly drawn. is
perfectly good.
AS soon as the forces of organized
base ball saw the fighting waxing
warm they sought to eliminate as
many of the weaknesses from their
contracts as possible, and the first
fortification that had to be adapted to
modern warfare was the reserve clause
1t was quickly changed so as to elimi-
nate the Objectionable features, which
were those of uncertainty and indefi-
supposed-the tendency to hold the
poor player in perpetual bondage.
Clause Real Weakness.
The ten-day clause was the next
weakness; and it was a real weakness.
despite the holding Of the Pennsylvania
supreme court in the old Lajoie case
So out it came-that is. out of the con-
tracts Of players whose ability had
been established, and who are reason
ably certain not to SLOW" before the
expiration of the term of the contract
But the contract that Killifer hoped
away from contained both the old re-
serve clause and the ten-day clause;
SO that, as Judge Sessions held, it was
absolutely unenforceabIe But he de-
MED the Federals relief, for the reason
that they had induced killifer to attempt
to evade what was a moral, if not
legally enforceable, obligation. Con-
sequently, while the Philadelphia club
would not have been able to enjoin Kill
lifer's playing with the Federals, for
the reason that it had no legally en-
forceable right to his services, never
theless. since it was the Federals who
were seeking affirmative relief, they
were not to be entitled to it since they
did not come into court with clean
hands"-that is. they had induced the
violation of moral obligation.
Now to compare Johnson's case. The
option which the Washington club is
now talking about, by which it had Sc
cured the right to Johnson's services
for 1915, Is nothing more than a re-
serve clause. stripped of its objection
able features. 1t specifies the salary
which Johnson shall receive, and all of