New-York tribune., 1911-09-26
Dixon Says'He Is Going to Con-
fer with Governor To-day.
NO INJUNCTION SOUGHT
Delays May Enable Powers to
Give Bouts Until Garden
Is Torn Down.

COMMISSIONER JOllll u. DIXON, OF the state
Boxing Commission. managed to delay the
final step I'm the revocation Of the license
OF the Madison Square Athletic Club when
the commission met yesterday by the dec
lsration that he was going to Albany to
see Governor Dix this morning.
Dixon. who said after last FRIDAYS meet
ing that he would respect the wishes of
the Governor IN regard TO the revocation
of the license. seemed 10 be I'm doubt yes
terday as TO the exact meaning OF the
Governors request as repeated 10 him
both by Commissioner Frank S. O'Neil and
by John a. Mason. secretary to the Gov
ernor. Having obtained from Deputy At
torney General McQuade the opinion that
the lease furnished by Pat Powers was
valid under the Frawley law, the Commits
sioner intlmated Yesterday that he hoped
TO change the Governors opinion by stating
his side Of the case.
Meanwhile. the Madison Square Athletic
club retains its license. and from yester-
DAYS developments il seemed likely that.
taken with the prospective delay while the
case is reviewed by the courts, Pat Pow
ers might be able TO continue giving shows
until the Garden is torn down. i'm February.
Aaron J. Levy, counsel 90 the club, evi-
IDENTIFY believed that the last card was yet
to be played. and he did not bother to ap-
ply for any injunction to restrain the COM
mission from action.
Commissioner Dixon asked that action on
the Garden license he postponed until
Thursday at . O'Clock, by which time he
hoped to have talked with the Governor,
and O'Neil consented. Barlow s. Weeks
attended the entire session again yeStcr-
day as a friend of the commission but
otherwise the meeting was as secret as all
the other sessions Of the commission have
been.
Tom" O Rourke. OF the National Sport
ing club, whose license was suddenly re-
voked last Friday. wrote the commission
to call attention to the fact that he had
filed with them new lease on the West
44th street property, running from Septem-
her /, 1871, TO September l. 1912, and asking
that they reconsider their action against
him, but the commission decided that, as
the date of the lease was subsequent 10 the
date of the original application, they could
not reconsider the revocation.
Practically. il only remains FOR O'Rourke
to enter a formal new application Tor d
license. based on his new lease. 1t deVel-
oped that ORourke received the original
license under a lease which had only about
a month 10 run, and which was only Tor
certain specified nights. II Vas explained
that the commissions attitude had been 20
grant licenses literally at first 10 any one
who appeared to be complying with the
law
ON tba Garden case n was learned that
Dixon took the precaution Of calling for
the Governor 10y telephone n second time
on Friday. after the regular meeting Of
the commission. on the second call he
again got Secretary Mason. and explained
that though the Governors legal adviser
might have considered the Powers lease
invalid the Deputy Attorney General heI'
the opposite view. Finally. he asked Mason
to secure an appointment for nm WIN the
Governor FOR Tuesday.
Dixon said yesterday that If the Gov
eruor personally requested him 90 vote for
the revocation Of the Garden license ne
would have no choice but to do So but
until he heard from the Governor direct
he believed that he was fortified sufficiently
by McQuade's opinion 10 stand up Tor
Powers's license.
McQuade was present at the meeting OF
the commission before which Pat" Pow
ers told his side Of the Story, but he was
not present at the next meeting, when
Leslie r. Palmer testified that his company
would begin to tear down the structure in
February
Both Dixon and O'Neil voiced tho wish
Yesterday that the Governor would appoint
a third member of the commission soon.