The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1923-06-30

been pledged, lawyers early toda
Jack Kearns, Dempsey's manager
clared it to be their belief that it
Tom Gibbons even if no further pa
to do so he must forfeit $4,000 t.
Not only did the lawyers declare
their belief IN these matters, but
they also expressed the opinion
that If Dempsey packs his things
and takes it on the run from Mon
tana he will forfeit his heavyweight
championship to Gibbons because or
the terms of the contract.
The question was presented TO
the attorneys by an interested per-
son. Suppose" he asked, that
Dempsey does not receive his final
payment, and, failing, leaves the
State, then what happens?"
George Hord, attorney, gave the
following as his belief:
"Dempsey's leaving the State
would involve the promoters IN
heavy financial loss and suit
would be In order. An attach
Ynent could be had on Dempsey'S
funds wherever they were found
and full redress obtained"
In answer to these things, Jack
Kearns, stormy petrol OF this flstic
effort, said:
"Wen, maybe the contract isn't
legal. 1t was drawn in the State of
Illinois, where boxing contests are
not permitted under the law. But
what do / care about the technical
stuff? / am living up to the letter
of that contract, and the promoters
are going to do the same thing.
II they don't they will wreck the
whole thing and then it's up to
them to carry out their pop-eyed
threats they are making today.
''The third payment is due July
2. If it isn't paid--well, about one
minute after midnight I'll tell those
fellows just exactly what I'll do"
To add to the confusion there
came just after midnight a split
between factions which heretofore
had been working together to put
the fight across. Earlier the leader
in the arrangements and financial
efforts had been George Stanton,
Great Falls banker, who had work
ed with 10y j. Molumby and Jim
johnson, original promoters, and
Judge Roy Ayers and Senator Gene
Lane. But during the night L. G.
Stevenson stepped into the affair
and very shortly afterward stepped
right out of it and began to put
on a little side show of his own.
IT was attorneys for Stevenson,
millionaire oil man, who discovered
the so-called flaws in the original
Dempsey Gibbons contract.
The thing that reused Steven
son, he said, was the fact that
his name appeared on q list OF
those who Stanton said would sub
scribe S., 600 each to insure the
final $4,000. Stevenson bitterly
repudiated this and declared he
did not intend to contribute q
single dollar towards soothing
and sustaining the fistic enter
prise.
Aroused by what he termed the
''pound-of- flesh" attitude Of Jack
Kearns, Stevenson called for copy
Of the contract, gathered his at
torneys, burned much midnight oil
and came to the conclusions stated
previously.
And so, when daylight hit the sage
brush today Montana's battle of
century was in a tangled situation
chance and predict what might hap
pen in each succeeding hour.
Several things may happen, among
them the possibility that Tom Glib
hons may contend that he has been
damaged by mismanagement Of the
bout and refuse to appear in the
ring. If he does Kearns has an easy
"out" for the contract specifically
provides that il for any reason Glib
bons fails to appear Kearns may
name substitute, to the point of
picking Dempsey's sparring partner
for an exhibition.
Kearns is peeVish. He avoided
al contact with the promoters last
night, although several groups of
conferees were searching the town
for him. Located in a billiard hall.
where he was maneuVering with
a enc. he exploded with wrath and
Indignation. He denied he was not
showing spOrtsmanship and charg.
ed the poor faith to the other side
In the controversy.
What are they trying to pull off
around here anyway" he inquired.
Here is the contract clause upon
which Jack Kearns stands in his
contention that Montana promoters
must pay him another 100000 or
lose the $4,000 they already have
produced as guarantee to Jack
Dempsey before the latter enters
the ring July with Tom Gibbons:
1T Is agreed that should the
Shelby Athletic Club fail to meet
any OF the payments when due,
then, in that case, any sums of
money already paid to Jack Demp-
sey by the Shelby Athletic Club
shall become the property of Jack
Dempsey and said payment shall be
deemed as liquidated damages"
And here is the clause which
lawyers say makes Dempsey liable
II he declines to go through with
the fisticuffs.
1T is agreed that II Dempsey
Tails to appear for said contest,
that he shall forfeit to the Shelby
Athletic Club $4,000 as liquidated
damages and return all monies ad.
vanced to him by the Shelby
Athletic Club"