New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-07-22
FEDS WIN BOUT
In THE COURTS
Another Blow for Organ.
lied Baseball in De-
CiSiOn on Hal Chase.
PLAYER HAD RIGHT
TO JUMP WHITE SOX
Sherman Antitrust Law Not
involved, According TO the
Latest Ruling.

Buffalo. July 2l.- Organized baseball
suffered a legal defeat to-day when
Justice Herbert p. Bssell granted the
motion 20 vacate the injunction secured
By the Chicago club in the American
League restraining Hal Chase from
playing with the Buffalo club OF the
Federal League.
The lack OF mutual obligation IN tho
so-called ten-day clause Of the contrac,
under which Chase was playing with
the Chicago team. whereby the club
could terminate the contract on ten
DAYS notice. while the player was
bound under several provisions OF the
national agreement" formed the basis
Of the decision vacatng the inlunc-
ton.
That organized baseball is a viola
ton Of the Sherman antitrust law was
denied BY Justice Bissell on the ground
that ne cannot agree that the business
OF baseball for profit is interstate trade
or commerce and therefore subject 20
the provisions Of the Sherman act
The court held. however, that Il was
monopoly Of the baseball business IN
contravention Of the common law
Chase was served with injunction
papers on June p while he was play-
ing with the Buffalo team az Federai
Park. He has been on the bench since.
In his affidavit upon which the motor
10 vacate the injunction was oased
Chase alleged that he gave the Onlcdgo
club ten days notice OF his intention 70
leave. az the expiration OF which time
he signed the Buffalo contract.
Regarding the ten-day clause Just.c
Bissell. in holding that the injunction
was unenforccable. said:
THE plaintiff can terminate the con
tract a. any time on ten days houCe'
Tho defendant is bound 10 many Oh
legations under the remarkable prov 70
sions Of the national agreement. The
PLAYERS contract, executed IN accofo
ance with its terms. binds him not only
for the playing season or SIX mont nS'
from April Il 10 October II, but also
for another season. n the plaintiff
chooses TO exercise its option, ana II
il insists upon the requirement OF an
option clause in each succeeding con
tract the defendant can be held for a
term Of wears. His only alternative Is
10 abandon his vocation.
Can IN fairly be claimed that there
is mutually IN such a contract. ne
absolute lack OF mutually. both OF OBJ
legation and OF remedy, IN this con
tract. would prevent a court OF equity
from making II the basis Of equitable
relief bv Injunction or otherwise. ne
negative covenant. under such circum-
stances is without A consideration 10
support il. and is unenforceable b. IN
junction
Justice Bissell declared organized
baseball As complete monopoly OF the
baseball business for profit as any mo-
nopoIv can be made. at is in contra
vention Of the common Law ne SAID
"jn that n invades the right 70 con
tract as a property right, and IN that
IL is a combination 10 restrain ana
control the exercise OF a profession or
calling ...,
The injunction was vacated with SO
costs 10 the defendant.
Notice OF an appeal from Justice
RlesoU's decision was filed late this
afternoon. The appeal will not pre-
won't Chase PLAYING with tho Buffalo
Federal League team. and II was SAID
tonight that he would be on first base
tomorrow.
Indianapols. July 21. "This. indeed.
is victory and one which means d
great deal 10 the ball players VINO have
Cor wears been tied up 10 the national
agreement and restrained In their free
right Of contract" said Edward +.
Gate. general counsel OF the Federal
League. in commenting on the Chase
decision. He added:
This is by far the most farreachlnS
decision that has been made against
organized baseball.
I'VE feel that this opens up the teld
for the ball players. and will enable the
Federal League 20 engage M honest
and fair competition with those who
have ronopolized the field for 80 many
wears. II will result IN great and
much needed reforms IN the national
game"