Evening star. [volume] (Washington, D.C.) 1854-1972, 1926-09-19


This action will not prevent Demp-
Sey from going to Philadelphia to full
fQl his cnga cement in defense of his
world heavyweight championship
against Gene Tunney next Thursday
night
Emerson l.. Richards of Atlantic
City, a State Senator. was appointed
temporary receiver of all of Dernp-
seys properties pending disposition of
the suit
Kearns. in his bill of complaint,
voluminous document Of 20-odd pages.
sets forth that he has been manager
of Dempsey for more than five years
, and that he brought him from OBJ
security, increasing his earnings from
5000 for an exhibition to where he
could have earned 100000 for fight
ing Harry Wills, the negro challenger.
Signed to Fight Wills.
.Kearns sets forth that he signed ar
ticles of agreement with Tex Richard
on August IS, 1925, for Dempsey to
fight Wills. on or before July 4, 1926,
and that the champion had been guar
anteed S500,000 for this engagement
.kearns has suit for 1888 900 pend
ing against Dempsey in New York,
This represents a third of the money
kearns AcureS Dempsey could have
earned provided he had carried out
the campaign kearns had mapped out
for him. Dempsey. however, split
with kearns. breaking off all business
relations about a year and half ago.
Since that time Dempsey has APP
peared in numerous exhibitions. earn
ing as much as $4,000 for each APP
pearance. He also has engaged in
motion picture work. KearnS says he
Is entitled to one third of all of Demp-
sey's earnings.
PfiIly Hearing Is Deferred.
PH1LA DELPHIA, September IS
(4N.-,Iack Dempsey, world champion.
and Gene Tunney, challenger for his
heavyweight crown, have an oppor-
tunity to meet in a court room here
next Tuesday, but not as antagonists.
The suit. said to have been brought
by Jack Kearns, pampsey's former
manager, to prevent Tex Richard,
promoter. from paying the fighters
any money before they honestly fulfill
their contract in the ring at the
SeSquicentennial Stadium next Thurs
day night. came up in Common Pleas
Court today. and because of the defeC
tiveness of the bill of complHi int. the
case went over until TUESDAY.
The defect was the failure of the
complainant to name Dempsey and
Tunney as defendants with Richard.
amended. and gave ample time for the
fighters 70 he legally notified so that
they can make their appearance.
However. it is not likely that Demp-
sey and Tunney will leave their train
ing camps, for their attorneys can
appear for them.
Suits Dismissal Sought.
The defect in the bill was pointed
out by Ira J. Williams. counsel for
Rickard, who also argued for the dis
missal Of the suit on the ground that
il was insufficient in averments. The
court took under advisement VIII
liams' motion to dismiss the suit.
After court adjourned, Tex Rick
ard gave out a statement that the
suit was merely another gesture on
the part of Kearns to find out where
Dempsey's money is so an attachment
can be made.
kearns has a suit pending in New
York to recover S33S, 900 from DemD-
goy. The suit was brought in the
name Of Sol Wittenherg. an inNestiCa-
tor for the law firm of which John
T. * Scott is a member. He is de-
crihed in the bill Of complaint as
taxpayer and ticket holder" The
sill asserts that 10 pay money to the
fighters before the fight would he to
defraud the State and the taxpayers
plaintiff if there were not honest
competition"
States Interest in Case.
The bill further alleged that 1t was
the intention to remove the cash pro
cseds of the fight from PENNSYLVANIA
Jurisdiction
The State Of Pennsylvania is inter
ested in the case. attorneys for the
"taxpayer" said. because the Com
ntonwealth under the boxing commits
sion law received a percentage of the
gate receipts.
Attorney Williams in his argument
said the taxpayer was trying to as
slime the powers of the boxing COM
mission and the attorney generals de
partment and that the taxpayers had
no right to doubt the government Of
Pennsylvania. and try to get an in
junction over the heads or the TWO