New-York tribune., 1921-06-29
Three Courts
De ne to
Enjoin Fight
tcentlnusd from page one)

| pickpockets to Jersey City, and the
fourth, that the event would prove de-
moralizing to the youth of the COM
munity.
/ In declining to act on the petition,
Mr.. Stevenson said there appeared to
be no cause for equitable Intervention.
| This opinion was made after John Mil
ton, counsel for Richard, appeared with
the promoter himself. Milton informed
the Vice Chancellor that his client
/ would be bankrupted if the order were
issued.
Mr.. Stevenson, however, gave the re-
form representatives permission to ap-
| ply to another chancery court for an
| Injunction, and they left at once for
Newark. The official explained that
he was leaving town late in the day
and therefore could not hear the argu-
ment.
Rickard had just returned to Madi-
son Square Garden, when he was in
formed over the phone that the Wat
son delegation was applying to Vice
chancellor John B. Foster, Of Newark.
for the injunction. He at first started
to return to New Jersey but reconsid-
cred his move, apparently content that
A. n
out his presence.
Attorney ellison read the complaint
IN the Newark court, in which he said
that the exhibition was going to be
prizefght and frankly confessed the
assumption of the idea was based on
! alleged conversations which he had re-
duced to affidavit form He submit
ted these affidavits together with the
complaint.
Got Information Direct
Inc conversations are alleged to
nave taken place between two investi
gators for the applicants and Jack
hearns, manager for Dempsey. and
FRANCOIS Deschamps, manager for Car
pentler. The managers are alleged to
nsve made the remark, at will be
real prizefight"
a paragraph of the comn1sint re.ds
as follows -0'o'
The defendant Dempsey has been
and still is violating the statute in that
ne Is conducting and giving public ex-
hlolC!ons OF boxing and sparring dailv
81 MS training quarters in Atlantic
City IN this state, at which he charees
an admission fee without having fled
pond and obtained the license required
by the statute"
After Mr.. Gilson had finished read
ing the complaint and afidavits the
court said; II know of no law to stop
al apprehended violation of criminal
law. do you expect the court to in
tervene when the crime is merely an
pretended?
Gilson-L do, your honor. Thev ars
attracting gamblers of the worst sort
to this city
The Court-That is not fact. 1t ia
theory, isn't it? AS a matter of fact,
counsel may ask for several things
that are clearly Innovations. Why
should we assume the proper officers
OF the law are not going to do their
sworn duties? Suppose they have not
the same apprehension you have 1t
seems to me you have waited until the
last few days before taking action.
do not doubt there has been consider
able money spent in the erection of
this ring.
The court was interrupted by John
Milton, who half rose, apologetically,
and said, $1,000 900"
The Court had no idea that amount
of money has been expended.
Gilson-But the damage to the
morals of the community?
The Court-Suppose | do as you in
sist. and this turns out to be merely
boxing exhibition. If they violate the
law-and 1 must assume the Boxing
Commission, when the application was
made, gave the proper permission-if
they violate their permit they will have
to take the consequences. There is
ample punishment. If, on the other
hand, they give an exhibition? Only
this will be a punishment, | am think
ing. to the spectators.
Court and spectators smiled at this
remark.
Court Remembers John l..
Gilson-The damage will have been
done. Criminals will have come to
Jersey and the morals of the COM
munity will have been injured
The Court-Can yeu recall where the
morals of the community have been
harmed heretofore by a boxing exhi-
bition? Personally don't think have
ever been to one, but I met John L.
Sullivan once.
Gilson-No, l am frank to say l caa
not at this moment, your honor
The Court-You are referring, l take
it, to the paragraph wherein you say,
because they got their tickets out SO
tar IN advance" How can they be held
responsible? They are victims and the
losers At least assume so.
Gllson-They gave the opportunity
to the counterfeiters to issue fraudu-
lent tickets because they issued them
at such an early date.
The Court-If the promoters are not
guilty why should I punish them?
am confident, again repeat, that our
constituted officials and authorities
will take whatever action is necessary
to arrest and punish any violators Of
the law.
Suggests d Fake
GiIson-Suppose, your honor, it is
not prizehght as they have said
suppose it is a fake fight.
The Court-Fake fight? Then the
sufferers viii be the public.
Gilson-Then that, too, will be
wrong on the public and will be
against public policy. On the other
hand, if it is going to be a scientific
The Court (interrupting 1T can't
be anything else, counsel, under the
laws of this state. There is another
thing we must not lose sight of. The
fight may be stopped by the referee
Milton (interrupting) The fight is
at all times in the hands of the Box
ing Commissions appointee. The ref
cree can order the men out of the ring
if he thinks they are shamming, or he
can stop the fight if in his opinion it
is brutal
The Court-You already have an in