Omaha daily bee. (Omaha [Neb.]) 187?-1922, April 11, 1914, EDITORIAL, Page 16, Image 16
THE BKK; OMAHA, fcA'I L'KDA , APRIL 11, 1U14. lb " 1 ii i i Jeff Has Some Idea of What a Good Time Is :- , -:- Drawn for The Bee by "Bud" Fisher Tc(j aaa T k . ; - ' ijTt. mm&ftzx ... yZXZ? :...' . f- I , , Y W J your TAxi-Meret P I AXL. More x uAuy to t lov -rue, cows, r raiS : ; ; 1 V cs.w. .-fc &0X HO. 2 BLANK. ROURKES Faber Allows Bat Three-Hits and Visitdrs Make Three Runs TWO ARE HURT IN COLLISION; rirrir.' 01 bipeds lose killifer case jviu uieason, who . naa oeen a Kranu-1 .. . I Outlaws Are Denied an Injunction Against Catcher. Foamier Jumps Into PIa Wheii ninrUrit by Kbratnk nnd'I.itiida on Top of Omaha. Cntclier STrallnrrfi .ilU Cbevr.' Mr. Red Faber. lata of Dta , Moines and still celebratlhfc hit return -frohi thd trip around the world, with 'the capaole asaitanco o a .jflddk of White' Box seconds walked all-over Omaha 'Friday, shutting the Rourkcw out while hi team mate pounded In sevten runs. Mr. Faber a spltter waa -working: 'nicely and Omaha could make but three' hit. Alio. Faber fanned nine of thV Ojriaha 1 Ktfnt: ' In the flrtt Innlntc Shettak and Four nler collided, with the rctult that both were Injured and from theft- oh- the frame lost life. After Qrmsby had walked Gleaton and Blackburne, Fournler (lam med out a corking two-bafrier. Mayer, who followed hit a single and Fournlar attempted to come home. Bell shot the bait to Clancy who threw to Shettak In time to catch the Hose outfielder.' But Fournler Jumped Into the plate and when Bheitak blocked him landed square on- top of the Omahacatchcr. Fournler twisted h!a ankle badly nnd swallowed his chew of tobacco which In itself I enough to mako a man sick. Fournler landed on Shestak with his splkee and George received a tleop cut on the top of his foot Ilia hurt will also keep him out of- the pma for soma time. Fournler'a bride attended the same and witnessed the nccldcn. Wolfgang took Fournler'a place In rlsht field and Crosby went behind the bat for Omaha. Konrkea Piny Well. Ited Ormtby pitched a very neat game for Omaha and went the route. Two hits In the first,' coupled with panes, netted two runs and three hlta In the eight, accompanied by an error, netted three more. Outside, of those Innings he did splendidly. Crosby caught a beautiful game behind .he bat and showed that ho can hold up his end of tha catching department without trouble. He fielded nicely and made a two bagger In the ninth Inning. Skin Health Comes From tilt Blood Era Slight Eruption. Sttck As Acim Should Be TrfI. rjmplts sad other tkla troubles do not light on the face lit fit". They fbm bubbling out from wltaln. Toey are Itapur. Itlet. And tf let alone or (retted with talre tbey become ebr6Qle. .duply brcaott tht cause I still at work -wtthll. It should be attacked with 8. 8. 8. and the Impurities la the blod thus rendered baraltss. Tb iktn U but a set- work of fins blood vmett. And It Is a perfectly natural eoa sequence that spy Influence. In the bleed that Is a condition of 111 Htilth makes Us first appearance In the skin. Tsere kra certain medlelntl properties ittst follow the course of the blood streAnrand the 'lafluence of thl properties Is that of In antidote. nls Is why a B. B., the best-known blood purjAer. has such a potltiTt action In the akin: There Is one ingredient in 8. fl. B. which peculiarly stimulate cellular or glandular activity to select from the blood or from this One net work of blood tmIi is in win. tnose elements wucu it rt- or atlr that attaeia the akin or seeks en outlet through the skin is met Culrra for regenerailpa. Thus pimples, acne, ecsemt. lupus, other blood condition that attacks t ctHH the antidotal effect, of a. S. fk This I why skin troubles tnUh so rttOlly and why they do not return. rc it reocired for betitbr tlitu ..and the rante of disease Is Jutt as eogttantlr belsg Upder the Influence of 6. ft ft. this fin is too reocired for hetlthr tlitu ..and th net work of blood TttM In the skin t-ftosttntly tsklng from the blood the nntrl- remorert. scattered and rendered harmltti. These facts are n)r fully eaplatned In. a liook nq akin troubles sent by The flwift KperlQe Co.. as I 8?)ft Bldg.. Atlanta, Os. You will, find K, ft. R. cm al at all drug stores. Get a bottle to-day and banish all -tin aSletloe D ftSBBBB A ILCS saMiimataof trkMttUt eares wUhotttnMOtftbttt. NMr twraa, tkwtN- gMMtsl aa aaMkstto a. afwtstsry A- Uraaituulnui. Aft itldhlU Mil Karaate4 in every case acceete. . rY wnrxit v Am smmm " Tb our tnu tba bo pay. Taatlsjiy jlr It's fair aaa Mttara. lain jrtrea writ tea guanatea UUt tka wja k tdrm faUpwitoalars. f.g.TAMr, 34 aUw ft, Vtrrsh fatlir for several year and who played base ball way back In 1SS2 or IRiJ, played third for the. Sox on account of Unr Iwur'a Injury, at Lincoln Thursday. He made one hit apd nhowed that he., had the best throwing arm In the Box In field. The Box made their first runs In thn first on Foumler'a two-bagger after two I had beon walked, In tho third, errors by Chase and Clancy and a sacrifice hit netted one 'more. In the fifth a hit hyi -uerr, an error, asarrlflra hit and a acif Ico fly, by Mayer' brought In one more. After two were down' In the eighth Hchtrleber singled nnd waa followed by Hheohan whoals6 singled.- Bchrteber'go Ing 'lo third. Then Sheehan started, to steal ; aecdnd. ' Croby threw to. second hut Clnncy was not thcra and Schricber hiked across, Sheehan continued to third. Then Sullivan was w,aiked and Kaber, after strtltlhg out thrco time, singled, driving Sheehan and Sullivan home. In the eighth Omaha hail three men on bases bta could d6 nothing. Clancy wAlked but; was cuticlit at second on Chase's fielder's choice. Berber threw Dan on xiiomason's Krounder after mak- ing a pretty; stop and Bell was walked. But Krug Hent out to Jfayer tlnastlsted. This waa the only time- Omaha wan dangerous). The same teams will play today at S'tVclock nt-.IJourke park. Score: WHITE BOX " AD, n. It. O. A. B. uieaaon, ,3t... 4 110 0 0 I.ntlirop V 0' Blackburne, Jb. ...... s Fournler, '.rf. 1 Volf0ang, rf..i..., 4. Mayer, lb 2 Sehrleber, 'Cf 4 Sheehan,- If. 4. Sullivan. ,0.1,..., 3 Faber, pi... '.....'4 RESERVE CLAUSE IS INVALID Decision of Jndse Sraalonn llulds that Options an Service of the Mayer Itaynnd C'ontrnct Period In Void.' Totals ,....3.1 l i 0 0 0 3 1 0 0 K.1 r 'lo 1 i i o 0 10 1 s 7 ST A. 0 3 0 2 0 0 1 0 0 0 3 OMAHA. nu . AB. It. H; O, A. R. Oancy, sk ,, 4 6 o 2 3 s Chise, lb,;, 3 0 0 11 0 2 Thomason, cf 4 0 ,0 3,0 0 Bell..rf 3 0 1 00 0 Krug,, If 4 0 0 2 0 0 Ward, 3b 4 0 0 1 1 0 Payne - 0 o o o o n Thomas, ss ,.. 4 0 1.2 7 2 Shestak, c... 0 0 o l o o Crosby, c... 4 0 1 5 3 0 Ormsby, p 3 ,0 0 0 1 0 Wallace 1 0 0 0 0 0 Totals 33 0 3 27 IS 6 lAthrop ran for Hergor In the fifth. Pnyno ran for Ward In the ninth. Wallace batter for Ormsby In ninth. White Sox- BUns ...2 0 1 0 1 0 0 3 07 Hits 2 1001008 0-7 Omaha nuns ., o ooooooo o o Hits 0 1 0 1 0 0 0 0 1-3 Stolen bate: Sullivan. -Sacrifice hits: Blackburne. Mayer. Sacrifice Ay; Mayer. TwO'baso hits: Croaby, Fournler. Double play: Thortaa to Clancy to Chase. Buaea oh balla: Off Ormsby, 4; off Fabor. 4. Struck out: By Ormsby, 4; by Faber, 9. Jft on bases: Omaha. 8: White Box, R. Umpires: nasKeu ana cinrK. ume. s;w. Yankees Shut Out the Baltimore Team BALTIMOriR, Md., April W.-Tho New York Americana ahut the Baltimore in ternationals out today. 4 to 0. Score: B.H.E. New Tork , J Baitlmoro 0 ( 1 Satterius: Keating, Caldwell and Sweeney; Ruth and Egan. KANSAS CITY SHUTS OUT CHICAGO WHITE SOX KANSAS CITY. Mo., April 10.-"Cy" Morgan and Reagan were In mid-season form today and Kansas City shut out the first team of the Chicago Americans 1 to 0. Score: R.U.K. Chicago 0 4 0 Kansoa City 10 Batteries: Scott, Clcotte and Scholk; Morgan, iieagan ana Moore, uetoei. CARDS DEFEAT BROWNS IN FIFTH GAME OF SERIES ST. IXJUIU, April 10.-The local National league club scored two runs In the sixth Ipnlng today and defeated th Americana In the fifth game of the spring scries 3 to !. The National have won four games from the American. Score: R.H.E. Nationals 3 7 1 Americans St Batteries: Griner and Snyder; James, Tlylpr and Agnew. johnsons7Itching wins for the senators WASHINGTON, April 10.-The Wash ington Americans, with Johnson pitching, today defeated the Boston Nationals 7 to 4. Engel relieved Johnson In th sev enth inning. Score: rt It.E Washington 71 i Boston J .mniU,i'i . 4hn. Engel 'and' Aln" mlth; Rudolph. Purdue and oQudy. MILLERS WIN, NINE TO THREE, FROM ST. JOSEPH ST. JOSEPH, Mo., April 10,-The Mlnne apOlla club of the American association defeated the local Western league club today. 9 to S. Score: . ILH.E. Minneapolis 9 14 st. Joseph :;. j" J Batteries: Patterson. Mogrldge apd GRAND RAPIDS. Mich.. April 10. Judge Clarence W. Sessions In the United States district court today denied the application 6f the Chicago Federal league ctub for an. Injunction" enjoining Catcher William KUIIfer, Jr., from playing with the Philadelphia National league club. Tho Judgo denied the application on the ground that the Chicago Federal league club did not come Into court "with clean hands." The decision also holds the rc servo clause Is not valid. . Tho decision holda that the contract of January 8, 1914, by which KUIIfer agreed to play with the Chicago Federal league club and tho contract of January 20. which ho mndo on Jumping back to the Philadelphia National league club, am "in form, valid and binding on the parties thereto." Court Itonstn KUIIfer. KUIIfer is scored for making the con tracts, the decision reading. "This record shows that the defendant. KUIIfer, Is a base ball player of unique, exceptional and extraordinary skill and exptrtne&n. Unfortunately tho record atsck shows that he Is a person on whose pledged -word llttlo or no reliance can bo placed nnd who for gain to himself. neither scruples nor hesitates to disre gard and violate his express engage ments and agreements." After conceding the validity of the two 1911 contracts the decision says: "The questions here presented and re quiring consideration are these: "First Are tho provisions of the 1913 contract between the defendants relative to tho reservation of the player, for the succeeding seaion valid and enforceable? And, 1 Second Are the plaintiffs by their own conduct barred from seeking relief In a court of equity? "The leading authorities, with possibly one exception, are agreed that executory contracts of this nature can neither bo enforced In equity nor form the basis of an action nt law to recover damages for tholr breach. The reasons for the de cisions are that uch contracts are lack ing in the necessary qualities of definite- nets, certainty ami mutuality. Itesrrve Clnoae Void,. "The 1913 contract between these de fendants, relatlvo to tho reservation of tho defendant, KUIIfer, for the season of 1914 Is lacking in all of these essential elements. It is wholly uncertain and In definite with respect to salary and also With respect to terms and conditions of tho proposed employment. It Is nothing more than a contract to enter Into a con tract in the future, It the parties can then agree to contract, Although It Is founded on sufficient consideration, It". lacks tho mutuality because tho Philadel phia club may terminate It at any time on ten days' notice, while the other party nns no suon option and Is bound durinir the entire contract period. A contract ox- 1MB, .but, If broken by either nartv. th other ,1s remediless because the courts are neipicss eitner to enforce Its tier. formance or to award damages for Its "The principle embodied In the maxim. h who comes Into equity must coma with clean hands,' Is a cardinal one lvlna at the foundation of equity Jurisprudence. The principle thus broadly enunciated Is Peculiarly appropriate and applicable to cases like the present one, where relief will not bo granted as a matter of strict right, but must result from the exercise of a sound Judicial discretion. Measuring and testing their conduct by this rule are tho plaintiffs In court with clean liands? Knowing that the defendant, KUIIfer,' waa under a moral, If not a legal, obligation to furnish hla services to the Pennsylvania club for tho season of 19J4 they sent for him and by offering him a longct term of employment and much larger compensation Induced him to repudiate his obligation to his em ployer. In so doing a willful wrong was done to the Pennsylvania club, which Is none tho lets grievous and harmful be cause the Injured party could not obtain legal redress In and through the courts of tho land. Can It bo. doubted that If the plaintiffs had not Interfered Mr. KU IIfer would have carried out. his agree tnent with the Philadelphia club In hon esty and good faith? "KUIIfer expected to derive a benefit and profit from their contract and both knew that uch contract if performed would work a serious injury to the Phila delphia club. The conduct of both Is nt only open to criticism and censure, but Is tainted with unfairness and Injustice, ir not with actionable fraud. To drive a j shrewd bargain Is one thing and to retort' to unfair and unjust practicea and meth KUIIfer have entered Into a legal and binding contract, for the breach of which the one may be compelled to respond In damages to the other, it Is also tnie that becauso both have acted wrong fully and In bad faith a court of equity will neither adjust their differences nor Balance their equities. Motion la Denied. The motion for an injunction must be denied. Not because the executory part of the 1913 contract between the de fendants was of superior or any legal force and effect; not because the contract between plaintiffs and defendant KUIIfer Is not In Itself such a one as the coUrta will enforce; not Because there are any equities In klllfor, favor which excuse or exetppt him frbrh the performance of hla engagements, and not because the merits, of the controversy are with the Philadelphia club, but solely because the action and conduct nt the plaintiffs in procuring the contract, On which their right to relief Is and must be founded, do not square with one of the vital anJ fundamental principles of equity which touches to the quick the dignity of n court of conscience and controls Its de cision regardless of all other considera tions." Attorney 8tuart E. Knappen, local coun sel for. the Chicago Federal league club, after receiving the decision of Judge Sessions, sold that the Chicago Federal club would not probably bring suit for damages. against KUIIfer. CINCINNATI, O.. April lO.-Chalrman Auguat Herrmann of the National Bato Ball commission, when Informed that the reserve ' claute had, been declared not valid at Grand Rapid, gave out the fol lowing 'statement: Judge. Sessions' ruling Is based on the old reserve clause, which waa In KUII fer contract. ,The old reserve clause has been revised and.the one that Is now Included in, contracts 1 greatly dif ferent from -'the oho In question In Grand Rapids. .The oid 'reserve clauae waa In definite In a . number of respects, while the one how In use- is definite in eve.ry j respect. 1 cannot comment on the case further until I have an opportunity of Knowing just what' the decision is in Its entirety." Chairman vlltrrmann after reading the decision of JUdge Sessions, said; - "It will take tltne'to thoroughly go Into th decltlon and I nifty have a statement Inter. At WrkAnl T -' - - - .... . u , vi,, auj, ;iu . tho difference, between, the old reserve clause arid the new.' Tho old clause says, I In consideration of ' the compensation paid to the party of the second part (the ball player) by the party of the first part . (the club -owner) as recltdd In clause one, inn pariy ui inn secona pari agrees and obligates' himself to contract with and continue In the service of said .party of; the flrst part for the' succeeding- seAson at a salary to-bo determined by the par- ; ties to such contract.' ' "The new claute reads: 'The player ' will, at 'the option of the club enter Into a contract for the succeeding seasons 'On 1 nil th. ...I . .LI. I ui. ,nv ...a aim UUIIUIUUIIO ui una vuu tract, save as to clauses 1 and 10, and tho salary to be paid, thev player In the event of such ronqwal shdlt be the a,me as the total commentation provided for the player In claute 1 thereof, unless It be Increased or decreased by mutual agreement.' "Clause 1 relates to salary, while clause 10 is the reserve clause." Philadelphia Also Pleased. PHILADELPHIA, Pa., Aprjl lO.-The Philadelphia National league club re- I garda the KUIIfer decision as a comolete .Ictory because every contention It made ! Is conceded by the court. Attorneys for tho club stated that the question of the validity of the reserve clause had not been raised by the Philadelphia club In 1 the suit A statement will be Issued by the club later In the day. Connie Mack had thla to say about the decision: "I cannot see that It will make any particular difference to base ball for ' that Is" only the opinion of one Judge, and j another Judge may view the case in an I entirely different light. The public wants base ball and the players want to play base ball Jutt as much as the club owners want them. "Should players decide to Jump to other clubs they probably would get bigger salaries, but they should remember what j tHflM.ii UU...10, ,t UIUIIICIIIUUU SITUS le. Then the nlavera Btit frwmnla salaries, but at the end of a year the ! salaries dropped to almost nothing. ! "If the owners have to pay big money 1 again tHey are going to make It up some way and If Jumpers are to get exorbitant salaries some ons must pay the freight- "I think we mutt look to Bee some of the players Jump If thefederal league continues In existence." i Victory Sy Gllmore. 1 CHICAGO, April la The Federal ' league regards the KUIIfer decision as a victory despite the fact that Its plea for an Injunction restraining the catcher from playing with any but the Chicago , Ftderaia waa denied. In the opinion given on the reterve claute, Preeldent' G It mo re declared the, "outlaws" circuit! was a winner, not only In that it allows I the new league to keep the major leaguer it haa algned, but that It will gfve hU organisation an opening for a bigger raid in Baltimore next Monday. He said he wa not prepared to discus more fully the Grand Rapids decision and would have to consult countel before making known what next steps would be taken by' the Federals In their court war on organized bate. ball. FKUBnAINBEID MINOri LEAGUE Tiro Clrcnlla Said to De Negotiating for Alliance-. ... rtpni iv. "two minor leagues are negotiating-for an "alliance with tho Federal league," tald Otto Btlfel, the -heaviest stockholder In the St. Louis Federals, today. "We .will have our owrt minor leagues next season. The Indications are that wo can have as many as we want. The minor leagues with which we are dealing are of high classification. They are al mott ready to Jump now. 'We mutt acquire minor leagues to farm our players. Every man who signed our contract this year, at a time when we did not hive much proof of our ability, will be taken care of. Their salary Is assured for life. We have their names enrolled and will, always look after them." MESSERLY. EX-JROURKE MAN, DIES IN DENVER SANITARIUM contracted the illness and ,he went to the Oakes home, a sanitarium at Denver, for treatment. - Creighton Dents Pull Ball Teejbh of Medics Two freshman classes' from the Creigh ton Modlcal and the Creighton Dental schools mixed on tho base ball diamond at Creighton field yesterday morning, with tho results that the Dents pulled the teeth of their rivals to the tune of 11 to 2. After the first Inning the Medics we're hclplets before Ryan and Schaefer, while the Dent slammed the ball ail over the lot. Walters and Soblllk led the onslaught for the Dents and hammered out hit after lilt. Walters knocked one homo rhn'. Coady. played a nice fielding game for the Medics. Ryan allowed no hits .during his term in the box and Schaefer only allowed one. Walters, Ryan nnd Schaefer did the twirling for the Dents and Hagerty was behind the bat. Pitts and Young were batteries for the Medics. COLUMBUS SCORES FOUR IN NINTH AFTER TWO 0U Jack Messerly, first baseman on Rourko's nine In the early '90s, Is .dead at Denver after a prolonged illness. He was well l:nown among western fans. .played with Denver for a while and waa onco manager of the Sioux City team. After leaving the weet he went cast and played with the major leagues, later be coming a member of thn Chicago police force. It was while he was so occupied that, he COLUMBUS, O.. April 10,-On a com bination of an error and five singles after two were out In the ninth Inning the paCoIumbus American association team to- Three Topeka Hurlers Hit HardiPirates Win TOPEKA, Kan., April lO.-The first team of the Pittsburgh Nationals hit three Topeuk pitchers hard and won 8 t'o 2 from thVlocals today. ' Bcoref R H . Pittsburgh 5 12' 3 Topeka 2 7 3 Butterle: Cooper, McQuillan nnd Ka fora; Dricke, Glaze, Jones and McAllis ter, Tapps. DODGERS -BlATENTWO TO ONE BY THE NEWARKS BROOKLYN, April lO.VThe Newark, champions of the International league, 'defeated tho Brooklyn Nationals here to day, 2 to 1. Brooklyn t6day gave "Doc" Scanlan, recently reinstated by the Na tional commission, his unconditional re lease. Score: R.H.E. Newark 61000001 02 8 0 Brooklyn .... 0 0 0 0 1 0 0 0 0-1 4 3 Batteries: Enr.man.' Schack and Heck Inger; Wagner, Pfcffer ahd Miller. PHILS SOLVE PITCHING OF BROWN AND TAKE GAME day scored four runs needed to defeat the Cleveland Americans. The score was S to 7. First Baseman Miller of Columbus led tho batting with a triple, two doubles and a single. Score: R.H.E. Columbus .... 0001 2 001 4 S 13 3 Clnvcland .... 0 0 0 0 1 1 4 0 17 8 6 Batteries: Cook, Schennbertr and Smith. Robertson; Steen and O'Neill. Key to the Situation Bee Advertising, PHILADELPHIA, April lO.-The Phila delphia Nationals solved the pitching of Carroll Brown todav and hammered out a victory of 6 lo I over the local Ameri cans. Tho scries now stands three to two In favor of tho Americans. Score: R.H.E. Americans l 2 -j Nationals 6 10 o Batteries: Plank and Lapp; Marshall, Otscligcr and KUIIfer. . Rubber Mats will keep the mud and dirt out ot, thn home. Omaha Rubber Co'., 1605 Har.ncy St. Just around the corner. 4 Highest Quality Clothes for Men and Young Men ia Omaha Oq 8t LeSS "PriCe 0ommonplace olothes wiu Oo3t Elsewhere. UajC -4 4t ods In order to obtain an advanta-ra ov-oe' a biurets nVat or competitor! It an- Regarding Kjlllfer hlmtelf. President other. Courts of equity may protect andjGllmore, aald the league would carry the enforce the former, but will not sanction case to .the highest court nor lend tholr aid to the Utter. While Oil more left this afternoon for Newt It U true that the plalr-Uff and Mr. York and will attend the Federal opening R E O R G A N I A T I O N S A L E Mort's Clothes Shop Greatest Clothing Sale Now in Its Second Day of Unusual Success Thousands of Dollars' Worth of the Highest Quality Clothes for Men and Young Men must be converted into cash immediate ly in order to complete our plans of reorganization. This Entire Stock Must Be Sold Out Quick This . is an opportunity which seldom occurs a money saving unparalleled in the history of Omaha. A Statement Susceptible of Fullest Demonstration; Mort's Clothes Shop's Reputatson Is Back of Every Purchase. Men'p and Young Men's Suits, Overcoats and Raincoats, se lected from the very highest quality of dependable merchandise of quality and; style procurable from the very best wholesale tailors of the world. HOW Being Sold at Les Price Than Inferior Merchandise Will Sell at the End of the Season The shop was continually crowded all day Thursday with eager buyers. ' ' " We are positively showing a c oniplete, comprehensive, correct, broadest choice of smart fashions for men and young men. 0 Si 5 A Look Entails No Obligation to Buy Suits, Overcoats, Raincoats, Trousers for Men and Young Men. Just that sort of stock, the 'qualities and styles which will satisfy the best of you, and you'll see the choicest products of the World's Best Makers. v MORT'S CLOTHES SHOP 107 South 16th Street R E O R G A N I Z A T I O N S A L E EXTRAORDINARY VALUES IN HIGHEST QUALITY CLOTHES MADE