New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-09-14
O'NE|L SCORES POINT
IN FIGHT ON POWERS
Gets Testimony That Latter Has
No Lease in Building to
Succeed Garden.
PROMOTER NOT WORRIED
Apparently Still Has One Com,
missioner with Him-Vote
on Revocation Waits on
Filling of Vacancy.

llilllS VI oSohNJ.
Leslie r. Palmer, secretary of the
syndicate which will take over Madison
SQUARE Garden from the old Garden
company. clinched the case which Com
missioner Frank 5. ONeil has been
building up against Pat Powers when
he testified yesterday that his company
intended to begin tearing down the
Garden in February 1912. To bind the
case to the last possible inch, ONeil
added one more question, to which
Palmer replied:
There is no agreement. oral or writ
ten, with Powers or any one else for
any kind of tenancy in the proposed new
building. nor in the old building now
standing. for any period of time what
ever after we assume title"
That time Mr. Palmer fixed as March
-. 1872. but he explained that for all
practical purposes the new syndicate
would have the right, and intended to
exercise II. of starting the work of raz-
ing the big structure about the middle
OF February.
Pat" Powers. who as president of the
Madison Square Athletic Club filed a
lease purportng To run from July -,
1911. to July -. I912, as a guarantee
To the boxing commission that his club
qualified under the "one year lease
clause Of the Frawley law, was some
what peeved when he was told later Of
the trend OF Palmer's testimony.
II don't know anything about that"
said the promoter, who thoughtfully
listed his club as a member of the
Amateur Athletic Union, as a preimi-
nary to conducting professional boxing
matches, bicycle races and Variations;
anyway it's up to Mr. Young. We have
the lease up to July 1912. and that's
all / know about it. Why don't you ask
Mr.. Young about it? Why don't the
boxing commission ask Mr. Young
about it?"
Young on Fishing Trip
James c. Young is secretary of the
Madison Square Garden Company,
from which corporation Powers main
tains he has the one year lease. Com
missioner O'Neil issued a subpoena for
Mr.. Young TO appear at yesterday 5
meeting, but the process server who
tried to serve him was told by his Of
flee employees that Mr.. Young was away
or a fishing trip and there was no
telling when he'd be back.
When Commissioner O'Neil explained
this after Yesterdays meeting, he was
asked whether any attempt had been
made 20 serve Frank *. Sturgis, the
president Of the Garden company.
O'Neil said he had ascertained that Mr..
Sturgis was in Newport.
However, Mr.. Stursis made state
ment 10 The Tribune" said Commits
sioncr O,Neil. which | believe would
cover everything that he could say un-
Jor oath. and as that statement tallies
exactly with the state of facts testi-
fled 10 by Mr.. Palmer | consider that
point closed. At that Mr.. Powers knows
where the office Of this commission is,
and he is free TO come forward at any
time and enter any explanation he
wants 10. He win also have formal
chance to say anything further that he
desires to have on the record at a
special meeting next Wednesday"
O'Nei emphasized the point that he
considered the weight Of testimony
presented had absolutely overridden
Powers's claim of a valid lease run
ming for months beyond the time when
The new owners declare they will be al
tie work of tearing down the Garden
but he did not put the question of a
revocation Of Powers's license TO a vote
YESTERDAY. because he wants 10 await
tho appointment of a third member to
I'm the place from which James +.
sullivan retired.
Mr.. sullivan sent word to Governor
Dix Yesterday that ne would not con-
s.dcr q reappointment to the commits
sion. and that ne was positively ont of
il for good and all.
O'Neirs grasp If the situation appar-
emily does not extend to his fellow mem
Der on the commission, however, for
after Yesterdays session Major John J.
Dixon refused oven to affirm Palmer 5
damaging testimony. When a stenogra-
phcrs report Of Pamer's answer TO the
question as TO when the work of tearing
down the Garden would start was read
IL Commissioner Dixon mis- only com
ment was:
That's news TO me.
III Mr. Palmer's testimony is correct.
what is your opinion as TO the validity
OF the Madison Square Athletic Club
lease under the Frawlcy law he was
asked.
Il have no opinion about it-nonC
whatever" replied the Commissioner.
Are you going to stick 10 the finish OF
this fight over the Garden lease
Dixon Ignorant Of Fight.
What fight asked Commissioners
Dixon.
Are YOU going to stay on the commits
sion until this question of the validity
Of the Garden lease is decided"