Evening star., 1926-09-23
$4,000 EXPECTED
At FIGHT TONIGHT;
COURT BARS L|FT TED
Dempsey-Tunney Bout Draws
Rich and Poor, High and
Low to Philadelphia.
TUNNEY COMES BY PLANE;
CLEAR NIGHT FORECAST
Sun Comes Ont in Afternoon-Rail-
roads and Autos Carry Crowds
to Scene.
BY the Associated Press.

BY the Associated Press.
PHILADELPHIA. September "a
With the legal atmosphere cleared
by the dismissal Of all injunction
moves and the weather clearing after
morning of intermittent showers.
the Dempsey -Tunney heavyweight
championship battle apparently has
hurdled all of its eleventh-hour OBJ
Etacles.
At 2 PIN. the sun came out TO dry
the dampened rows of seats at the
Sesquicentennial Stadium, scene of to-
nights battle, and warm the multi
tude of fans making up the most
spectacular jam that ever accom-
panied a sporting event anywhere.
Three railroads their facilities
taxed to the limit, estimated they al
ready had handled 80, 900 arrivals. On
this basis it seemed that close to 200,
600 fans altogether would figure in
the final crush to fill the arena to its
capacity of 1900.
There was no prospect OF more
than a threatening weather gesture
for the rest of the day and the crowds
early began their big push" toward
the arena. The big corps of ticket
handlers, ushers and police prepared
to- let the advance guard into the sta
dium at 8 o'clock.
Dempsey Weighs More.
The arrival of the challenger. Gene
Tunney, by airplane from his Strouds.
burg training camp added a colorful
episode to the days excitement, but
of Tex Rickard, contemplating the re-
sulting risk to his record gate of
nearly s., 100000.
Dempsey is not expected to arrive
before evening. He is due to make
the trip in a special car from Atlantic
City.
Dempsey became an even stronger
fayorite to defend his title after IL
became known he had scaled 100
pounds at Atlantic City. This was
an advantage of four and a half
pounds over the challenger, who
scaled 1852 pounds. 1t was within
two pounds of Dempsey's weight
when he won the crown from Jess
Willard seven years ago and indicated
the champion was in fine trim.
Champion and challenger will start
fighting shortly after $40 pm. (stand-
ard time) for the heavyweight cham
pionship of the world and the richest
prize in the sporting world--some
$uoUtVVU-~OCAOlC ILC 6ASdlC0l
that ever paid to view an athletic
event anywhere.
Much Maneuyering Needed.
Few wars have required more dfplo-
matte maneuvers, negotiations and
ultimatums than this duel, but the
path to it's consummation was clear
when the application for an injunc-
ton to stop the fight was dismissed
this morning by the unanimous opin-
ion of three judges in Common Pleas
Court. The courts decision removed
the last legal obstacle confronting the
bout.
Two injunction suits, brought by
3. G. Clements, Chicago promoter
who claims a prior contract for
Dempsey's services, were dismissed
One was aimed to restrain Promoter
Tex Rickard and the other the Sesqui-
centennial Exposition from conduct
ing the title match.
The court in the opinion read by
President Judge Bartlett, held thai
evidence of the alleged contract be-
tween Clements and Dempsey. as
ewell as the fulfilment of the terms OF
~, were not sufficient upon which tc
Aoase injunction proceedings.
IA Clements attempt to block the fight
8was based upon the contention that
RDempsey. under the terms of an al
1eged contract with the Chicago
yCofiseum Club, was obligated to fight
HARRY Wills before meeting any other
ppponent.
Indiana courts issued an injunc-
Mion against the fight recently on the
splea of Clements. but the Philadelphia
Eourt, in it's opinion today, held that
sfis was not enforceable here because
Dempsey is not within the jurisdic-
80 81 ,tl, ~sax2
because Tunney and Rickard were
. hot parties to the Indiana action be-
4 @ween Clements and Dempsey.
From the proofs submitted" the
sopinion said "the alleged contract
between plaintiff and Dempsey was
Vague and uncertain instead of clear
and specific. No proof was offered by
@iaintiff that it was prepared to carry
4 jput the contemplated exhibition inso-
9ar as the said Wills was concerned
h1or did the plaintiff establish by suf
scient proof 1t had complied with the
terms of its alleged contract by the
payment Of 100000 to Dempsey, ant
1t seeks to restrain a breach of a con
siectural rather than a proved con
Aract.
I'm such a case, equity will no
ISSUE an injunction. Ordinarily the
test of the jurisdiction of equity Il
grant such an injunction Is the made
uuacy Of legal remedy for damages
Where there is an adequate remed!
Sat law for a breach of contract, {
soourt in equity will not lend its ait
ITO restrain q breath thereof. Th'
kplaintiff. by instituting suits for dam
pRges for the breach Of an alleged con
tract, is persuaded that ii has al
tRdeQuate remedy at law"
DxaoItx,ns Qau;,, NE = A,efoaL
The preliminary skirmishes in tn
ring are scheduled to begin at 7 pm
Eastern standard time, with the sigma
flor the main attack between $50 ant
E45
While lawyers moved TO settle tn
last remaining legal issues, Phila
delphia braced itself TO withstand tn
rush of 1872 900 toward the scene o
battle. the gigantic municipal stadium
located in the Sesquicentennial Expo
.sition grounds
i It seemed likely that close to 200
fo00 would seek the vicinity Of TIL
battle-ground by nightfall From
rs 900 to 100, 900 visitors are expected
with as many more natives inten
upon being at least in proximity I
"the battle of a century and half.
The advance guard Of the visiting
battalions numbering close To 50.00t
converged on the city overnight. to 3
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