New Britain herald., 1926-09-14

Rickard said at Philadelphia. The
 club promised Dempsey a million
 dollar purse, but did not put up
 a nickel. lt tried 10 hold the cham
 pion up"
 The orphan which has passed | through several hands. was signed i by Dempsey in Los Angeles last
 winter and bound by the payment i to the champion of ten dollar bill ! according 10 Clements. It called for ] a first payment of S40O,000 to the champion carly in August, and the Coliseum club exhibited at the hear
 ing here a photostatic copy of check for this amount which il claimed it was trying to induce the champion 10 accept.
 The original contract for Wills Dempsey fight was negotiated at
 Niles, Mich. by Floyd Fitzimmons, who subsequently, disposed of his right 10 the Coliseum club, the al legged Los Angeles agreement taking 1 its place. Fitzimmons testfying here ! for the defense, maintained that both 1 agreements were inVaidated by the ! cllib's defaulting payments. He tes- i tltied that Dempsey never received i a dime from the Coliseum club, ! and previously he had asserted that
 the club had failed to pay him the i amount stipulated for the transfer
 of his original contract.
 A warm contest of words has de
 veloped around the possible effect 1 of an Indiana injunction in Pennsyl- l Vannia. James A. Farabaugh, Clem-
 ents' attorney, declared that fed l eral injunction provision made | Pennsylvania recognition of the
 Indiana courts mandate compulsory | On the other hand Rickard, and
 Gene Normille. Dempsey's manager.
 were convinced that the injunction
 would have no effects on thier
 plans. Normie pointed out that the 1 right to appeal existed
 The view that Pennsylvania courts would have 10 take cognizance of the Indiana injunction was expres- sod by Judge Givan in a statement after court had adjourned. If the Pennsylvania courts fol- low the constitution they cannot
 help but issue a similar or at least , a temporary injunction. No exten- sive hearing would be conducted in Pennsylvania such as was conducted 1 here"
 The property right phrase Of the contract was stressed by the Coli scum clubs attorneys formed an i'm portant part of the judges ruling,
 The juriSt held that although a prize ! fight is not sanctioned by Indiana
 law and that an Indiana court could not properly take judicial cogniz- anCe of a prize fight contract. The
 state did not recognize the property rights existing in the contract, and
 that the champion should be enjoin-
 ed from engaging in any contests
 until he had carried out the con-
 tract with the plaintiffs.
 The injunction proceedings were
 instituted here when Dempsey stop
 ped off in Indianapolis on his way from Los Angeles to his eastern
 training.
 Judge Givan leaned strongly to-
 ward the opinion that a Dempsey Wills engagement would be a prize fight and not q boxing match, inc former Of which is prohibited in h. diana.
 q believe the court in this case | will have tO fake notica D ha Said
 that while Dempsey was very peaCeable when Amerca's best
 youth was fighting for thirty dol lars a month. he is a formidable
 fighter when a million dollars is at stake for one nights work and that it is very probable that should the fight take place there would be re-