Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1914-04-10
Judge Sessions Denies Pc
tition for Injunction to
Restrain Catcher.
BOTH CONTRACTS GOOD
But Decision Says Complainant
Does Not Come Before Bar
With Clean Hands.

Grand Rapids, Mich, April 10.-Fed.
eral Judge Sessions today denied the
application of the Chicago Federal
| league baseball club for an injunction
| ing with the Philadelphia National
| club.
| The application was denied on the
grounds that the Chicago Federal
league club did not come into court
with clean hands, The decision
also holds the reserve clause is not
valid.
The decision holds that contract
of Jan. s, 1914, by which Killifer
agreed to play with the Federals, and
a contract of Jan. 20, which he made
upon jumping back to the Philadelphia
Nationals, are 'in form valid and bind
ing upon the parties thereto" Killifer
is scored for making the contracts.
Killifer's Record Bad.
"The record shows says the decis-
ion, that the defendant Killifer is a
baseball player of exceptional expert
ness. Unfortunately. the record also
shows 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 dis
regard or violate his expressed Ell
gagements and agreements"
After conceding the validity of the
two 1914 contracts the decision says:
Leading authorities, with possibly
one exception, are agreed that execu-
tory contracts of this nature can
neither be endorsed in equity nor
form the basis of an action at law, to
recover damages for their breaches.
Reasons for the decisions are that
such contracts are lacking in neces-
sary qualities of definiteness, certain
ty and mutually.
Contract for Contract.
"The 1913 contract between these
defendants. relative to the reserva-
ton of Killifer for the season of 1914,
is lacking all these essential elements.
1t is wholly indefinite with respect to
salary terms and conditions of pro-
posed employment. 1t is nothing more
than a contract to enter into a con-
tract in the future, if the parties can
then agree to a contract"
Continuing, the decision says: "Are
the plaintiff in court with clean
hands? Knowing the defendant KILL
fer was under moral if not legal obli-
cation to furnish his services to the
Philadelphia club for 1914, they sent
for him, offering a longer term of en-
ployment and much larger compensa-
ton, and induced him to repudiate his
obligations to his employer.
'In so doing a wilful wrong was
done. The Philadelphia club, which
was none the less grievously harmed
because of being the injured party,
could not obtain legal redress through
the courts of the land Can it be
doubted if the plaintiffs had not inter
fered Killifer would have carried out
his agreements with the Philadelphia
club in honesty and good faith?"
Hermann Comments.
Cincinnati, Ohio, April 10.-Chair-
man Hermann of the National base.
ball commission gave out the follow
ing statement: Judge Sessions rul-
ing is based on the old reserve clause
which was in Killifers contract. The
old reserve clause has been revised
and the one that is now included in
contracts is greatly different from the
one in question at Grand Rapids. The
old clause was indefinite in a number
of respects, while the new one Is
definite in every respect"
Gilmore Claims Victory.
Chicago, ILL.,, April 10.-The Federal
league regards the Killifer decision
as a victory. despite the fact that its
plea for an injunction was denied. In
his opinion given on the reserve
clause President Gilmore declared the
outlaw" circuit was the winner, not
only in that it allows the new league
TO keep major leaguers it has signed.
but that IL will give his organization
an opening for big raid next year.
Gilmore said the Killifer case would
be carried TO the highest court.