The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-04-10
Denies Permanent Injunction
in Federal-Killifer Case.
"Players and Magnates VIII
Pay in End" He Says.
Never Was Good, but Held Men
ON Their Morals.

On1teO States QlSLIlCl COuIL IOudy, uc
MED the application of the Chicag.
Federal League club for an injunction
enjoining Catcher William Killifer. jr.
from playing with the Philadelphia
National League club.
The judge denied the application OF
the ground that the Chicago Fedora
League club did not come into cour
with clean hands,"
The decision also holds the reserve
clause is not valid.
The decision holds that the contract
of January 8, 1914. by which Killifel
agreed to play with the Chicago Fed
eral League club and the contract OF
January 20, which he made upon
jumping back to the Philadelphia Ma
tional League club. are ''in form valid
and binding upon the parties thereto.
Roasts Killifer.
Killifer is scored for making the
contracts, the decision reading:
.'This record shows that the defend
ant, Killifer, is a baseball player OF
unique, exceptional and extraordinary
skill and expertness. Unfortunately
the record also shows that he Is q per-
son upon whose pledged word little or
no reliance can be placed and who,
for gain to himself, neither scruples
nor hesitates to disregard and violate
his express engagements ana agree
After conceding the validity of the
two 1e14 contracts, the decision goes
.sr,e questions here presented ana
requiring consideration are these;
"First-Are the provisions OF the
1e1a contract between the Defendants
relative to the reservation OF the play,
er for the succeeding season. valid ana
enforceable?
own conduct barred from seeking Ee
lief in a court of equity!
Authorities Generally Agree.
."rhe leading authorities with pos
s,blv one exception are agreed tnat
executory contracts OF this nature can
neither be enforced in equity nor from
the basis Of an action at law to rec0v-
err damages from their breach. Tne
reasons for the decision are that sIcn
Contracts are lacking in the neces-
sary qualities Of definiteness, certainty
and mutually.
defendants, relative to the reservation
of the defendant. Kilhfer, for the sea-
son of 1914, is lacking in All tnese
essential elements. 1t Is Wnoiiy un-
salary and also with respect to terms
and conditions Of the proposed en-
ployment. ..+
to enter into a contract In the iuture'
IL the parties can then agree to con-
tract. Although it is founded upon
sufficient consideration it lacks mu-
tuality because the Philadelphia |!
club may terminate it upon ten
days' notice while the other party mas
no such option and is bound during
the entire contract period. A contract
EXISTS hut. IL broken by either party,
the other is remediless because the
courts are helpless either to enforce
it's performance or to award damages
for it's breach.
1.-The principle embodied In the
maxim he who comes into equity
must come with clean hands Is a car
dinal one, lying at the foundation OF
equity Jurisprudence. The pr1ncfple
thus broadly enunciated Is peculiarly
and applicable to cases
like the present one wnere reneI VIII
not be granted as matter OF strict
right but must result from the exer-
case of a sound judicial discretion.
Opens Way for Fight.
st. Louis, April 10.-''The decision
Of the federal court, declaring in
valid the reserve clause. knocks out
he whole contract of organized base
BALL." said E. A. Steininger, president
# the st. Louis Federal League team,
oday.
without having the full decision
before me, I cannot say off hand what
will be the effect of the ruling against I
he Chicago Federals, which at the
'ame time invalidates the reserve
.lause, but the invalidation of that
,lause opens the way for us to fight.
I'VE do not intend to interfere with
he agreements that players may have
With the clubs of organized baseball
lnless the organized teams come to {
is. Then we will meet them with can
ION right on the firing line"
There Is a Later Clause.
Cincinnati, April 10.-Chairman Aug
when informed that the re-
serve clause had been declared not
valid, at Grand Rapids, said:
Judge Sessions ruling is based on
he old reserve clause which was in
killifer's contract. The old reserve
clause has been revised and the one
that is now included in contracts is {
'astly different from the one in ques- I
ion in Grand Rapids. The old reserve +
clause was indefinite in a number Of =
'espects while the one now in use is ,
'ehnite in every respect. I cannot COM
nent on the case further until have t
In opportunity of knowing just what
he decision is in its entirety" II
Fred Clarke Interviewed. c
Fred Clarke, manager Of the Pitts +
'urg club, who is in Topeka today,
Vhen shown the Associated Press dis
'atch which knocks out the reserve I
lause. was not a bit surprised. in fact
le claimed that the reserve clause Q
iever was thought to be valid in '
ourt of civil law but was honored by h
ne baseball fraternity for the good Of T
ne game and from a moral standpoint &
Mr.. Clarke said: I'VE never did think &
Vie reserve clause would stand the test e