New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-09-09
TO CALL GARDEN OWNERS
IN FIGHT INVESTIGATION
Commissioner 0'NeiI Will Sum-
mon F. K. Sturgis, President OF
Madison Square Garden Co.
DOORS CLOSED AT HEARING
Lawyer Says Pat" Powers An
swered All Questions Except
as to 81 Rental and the Du-
ration of the Lease.


be subpenaed by the State Athletic
Commission 10 appear as witness III
the investigation of the Madison Square
Athletic Clubs rights under the lease
which Pat" Powers says the club holds
on the Garden. according TO statement
made yesterday by Commissioner Frank
s. O'Neil.
The boxing commission spent good
Part Of four hours on the Madison
Square clubs case yesterday. and though
the results were somewhat unsatis-
factory. Mr.. O'Ncil seemed determined
to 20 TO the bottom OF the matter ana
said il would be brought up again Tor
further consideration next "Wednesday
morning at 10 o'clock
Contrary TO the burden OF previous an
nouncements. the investigation yester-
dav was not conducted in open session.
O'Neil and Dixon. the two commission
.rs; Charles Harvey. secretary; Deputy
Attorney General William McQuade and
Barlow s. Weeks, with Pat Powers
and Harry Pollock. Of the Madison
Square club. and Aaron ]. Levy their
counsel were the only persons allowed
in the room At tho end of the long
hearing they announced that nothing
would be said about what went on in the
star chamber proceedings until the case
was finally settled. Then. said the COM
rnissioners, they would make public the
transcript of the entire proceeding.
Levy and Powers came out smiling
broadly. O'Neil emerged in apparently
the very opposite state Of feeling. and
Dixon and the rest didn't seem to he
concerned much one way or the other.
on second thought Levy decided that he
would impart enough information to
show where Powers stood" and to that
end he said that Powers had answered
ell questions put TO him except two.
Questions Validity Of Lease.
These two concerned the validity of
the lease held by the Madison Square
Athletic Club on the Garden. O'Neirs
chief attack, said Levy, was on two
POINTS in connection with the lease
first. the consideration Of 81, which is
the amount Of rent that tho Madison
Square Athletic Club pays for the Gar
den and. second, the matter Of the dura-
;ion Of the lease until next July, months
after the date when. as it has been an
nounccd. the Garden will be in a state Of
, demolition.
Levy contended that the commission
was exceeding its authority in going into
questions concerning the lease in any
way after IL had once passed upon the
lease as acceptable under the Frawley
law. which had to be done before
license was granted TO the athletic club.
Questions concerning the alleged rails
ing Of prices of tickets for the Wells
Brown fight Levy said. Powers had
answered freely as he had all other
Questions about the management of that
particular bout.
ONeil stuck 10 his contention that il
the commission had made mistake in
granting the license in the first place on
2 lease ,7h;ch did not meet the require
ments OF the Frawley law. it should now
remedy that mistake by ascertainng the
facts. and if necessary, by revokng the
license.
After telling Levy that he was allowed
there only by courtesy. and granting
bin the privilege of protecting his
client" as he saw fit, O'Neil demanded Of
him whether Powers was standing on
his constitutional privilege when he re-
fused, "by advice Of counsel" to answer
questions as to the lease.
is it because the answer to such ques-
tons would tend 10 incriminate or de-
grade him." asked O'Nei
Most certainly not" replied Levy.
1t is because YOU are exceeding your
authority in going into this matter
which has been previously accepted by
the commission"
To Call Garden Officials
That blocked O'Nen for that meet
ins. but the Commissioner declared that
lie would have every detail concerning
:he lease OF tho Garden on the records
Of the commission. If he had 10 sum
mon every official of the Madison Square
Garden Company as well as the Off
Gals OF tho athletic club which Powers
controls
The subpoena for Mr.. Sturgis will he
the first step along that line. said Mr..
O'Nen and others will be summoned
II nc cannot supply the. information
wanted
O'Neil's friends say that there is just
about one thing that stands between
Pat Powers and a revocation Of the
license that has been granted for the
fights in the Garden under his manage
ment and that is the question as 10
whether Powers has fortified his posi-
ton by some kind Of an optional agree
ment with the new real estate syndicate
represented by Southack & Ball. pro-
viding for the possible renting Of the
Garden beyond February =. 1912.
on that date the present Madison
square Garden Company. of which Mr.
Sturgis is president. will surrender its
title 10 the property 10 SOuthack & Ball
a real estate firm. OF No 800 Broadway
which represents the syndicate which, il
has been reported intends 10 demolsh
the famous structure and replace Il
with huge skyscraper
O'Neil believes that Powers holds a
lease only from the old company, which
will expire naturally on the day that
the title passes to the new syndicate,
hut there is loophole for Powers in
that he may have further agreement,
amounting TO a tentative lease, from