New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-01-23
Question of Jurisdiction by
Boxing Commission Hats
the investigation.
SEVERAL WITNESSES HEARD
Attorney General Called on
for an Opinion and Case
Goes Over to the
Next Meeting.

rt the Empire Athletic Club on January
u ended without disastrous results 10 any
body Yesterday afternoon. As Frank :
ONcl. chairman Of the commission, stat
cd the meeting was called with view
a. frlm- whether sufficient grounds eX-
istel 90 make specific charges against the
MANAGERS Of the club for so overcrowdinG
fine h4u as TO exclude many who held
tickets Of admission.
Much evidence was taken. with Robert
W Nalouey appearing as the attorney for
the Mcmahon brothers, who control the
tr,rive club but when the jurisdiction Of
tfc commission was questioned it was
decided to ask the Attorney General for
an opinion william McQuaid a Deputy
Attorney General. was present at the
hearing hut he did not care to express an
'oruiou.
For the first time in the history Of the
state Athletic Commission the doors were
orarsd wide, and as a result the Offices
AZ So 81 Park Row. were filled to over
flowing. many Of those present being
newspaper men.
The first witness TO 20 on the stand was
John & Howe. the fire chief, who was on
duty al the Empire Athletic club on the
reat OF the bout Briefly Howe stated
that NE arrived AZ the club about ten
minutes after o'clock. finding Lieutenant
Joyce in charge at the time. The condi-
Mons then were concested. according 10
Howe. who went on 10 say that at S:2j
o'clock he Jdered the sale Of tickets
stopped and at S 30 O'Clock he gave orders
TO have the doors closed because the
house was filled 10 its capacity.
What. I'm your opinion. would be the
seating capacity Of the club asked Mr.
O'Ncd.
About 500 said Howe.
WAS the house taxed TO its capacity"
asked MI. O'Nei.
Yes" came the reply.
MaIoney then s-quesuoned the chief
who went on to state that there We're no
vacant seats at the time he ordered the
doors closed.
-Tu your opinion" said Maloney was
the crowd Of such density as to endanger
Do, or limb"
III was to a certain degree answered
Howe. The law was violated by people
who forced an entrance on the l54th street
and Eighth avenue sides Chief Howe
won't ON to declare that owing TO the in
,omuctcncy Of the clubs employees prob
ably 300 persons forced their way in
through these side entrances without
tickets.
The cour sci for the club tried 10 tangle
uu the witness with regard to his state
.went as TO the number of persons who
forced an entrance. but the chief stuck
90 his guns in his opinion the forcing
of the side entrances was largely re-
Suousible for the congestion. Chief Howe
has been connected with the Fire Depart
meut FOR twenty-three years and has
served IN the caracity Of chief for eleven
years.
William r. Day. captain of the 49vh
Police Precinct. was next placed on the
stand Although admitting that II had
been found necessary to can upon three
sets Of reserves he declared that there
was no disorder outside the building
after the doors were closed. Ne added
that he had received no complaints OF any
Kind and that he saw no one assaulted.
Edward j Mcmahon. president OF the
Empire Athletic club, when questioned,
admitted that he mad blamed the police
for whatever CONFUSION existed iu not al
lowing holders OF tickets to enter the
building. He contcnded that there were
23S uuoccupled seats. After stating that
the clubs capacity was 1850, or a thou
sand more than the estimate Of Fire
Chief Howe II was admitted by Mcmahon
that the seating capacity was S.4ro; that
2757 paid tickets were dropped IN the
boxes. that there were +0l complimentary
ana press tickets and that Sj7 tickets
were sold that were not taken up At the
door, which made total Of 3 AIS.
Rodney Mcmahon. the clubs secretary.
stated that the box office receipts amount
cd TO {l2.9G He also said that he did not
consider that the clubs capacity had
been exceeded. and AIDED that there were
two hundred on three hundred vacant
seats. Die could not tell. when asked by
Mr. O'NeiI how many tickets had been
printed. Mcmahon stated that he lodged
a protest with the fire chief when the
latter ordered the doors closed
Then followed testimony OF peaceful
nature from several newspaper men. Billy
Gibson, the fight promoter. and Charles
Coils. who Is the commissions Inspector
Tor the Empire Athletic club. 81. Nicholas
Athletic Club and Olympic Athletic club.
The newspaper men who testified were
George Underwood Of The Press; Sid
Mercer, Of The Globe; Joe McGinn. of
The Associated Press. and Francis Al
herianu who writes under the nom de-
plume Of Francis" on THE Evening
Mail"
After Francis had stated that he OBJ
served no confusion or congestion and
That ne had seen probably ten vacant
seats Commissioner O'Ncil asked him II
he was aware Of the opinion Of the bout
as entertained by Grantland Rice, sport
.uc editor Of 1.-THE Evening Mail.
Francis" said ne was. whereupon the
commissioner asked him II he was willing
70 state that he had a difference Of opin-
ion with his sporting editor. Francis
hesitated. and then asked II It were abso-
lutely necessary for him TO answer that
question. whcreupon the commissioner
good naturedly withdrew H. Practically
an ue newspaper writer's who testified
differed from Chief Howe In that they
were positive that there were many UNI
occupied seats In the house
Before the Empire Athletic club matter
was dismissed Mr. Maloney stated that
hc Was prepared 10 call good many
other witnesses. who would be willing TO
testify that they saw no disorder or
providing also that they had noticed
plenty of vacant seats. He said, how