The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1926-09-14
FIGHT CASE TO
MOVE EASTWARD
Continued From Page u

- ~ W. HE
Continued From Page u
and win serve as some basis of judg-
ment by the true sportsmen of the
country.
"You may be sure that this case
was not brought merely to settle
hypothetical questions, but to give
real relief and we expect to enforce
the decision which has been given
u.s."
Weisberg, who was instrumental
in bringing Dempsey and Wills ITO
gether for the purpose of signing
contracts at Niles. Mich. expressed
his qualification at the decision.
THE decision not only settles the
matters of legal rights, but will be
welcomed by those who believe that
the same integrity and honesty
should be shown by our champion
boxers as is deemed of other men.
l have been interested in this matter
from the standpoint Of real and
clean craftsmanship. My position
and statements are now vindicted by
the courts. We have tried to DEM
onstrate that contracts for athletic
contests, as in other enterprises, are
not mere scraps of paper"
Judge Givan declared that IF the
Pennsylvania courts follow the con.
stitution they cannot help but issue
similar, or at least a temporary,
injunction.
Judge Givan stated that Dempsey
did have a valid contract with the
Chicago Coliseum Club which would
have been enforcible under the laws
of Illinois," and that it was not de-
livered in escrow to a Los Angeles
bank for Dempsey, but for Floyd
Fitzsin'mons, fight promoter and
friend Of Dempsey.
The court further found Dempsey
indicated he would violate the con-
tract, first, by refusing to fight, and
second, by refusing to be examined
for life insurance.
Judge Givan said the evidence is
conclusive and undisputed that the
Chicago Coliseum Club has suffered
thousands of dollars damage.
Fight or Bout
In ruling on whether the proposed
match was to be a prize fight or
boxing exhibition Judge Givan said:
II believe the court in this case
would have to take notice that while
Mr.. Dempsey was very peaceable
when Americas best youth was fight
ing for $50 a month he Is a for
midable fighter when a million dol
lars is at stake for one nights work,
and that it void be very probable
that should the fight take place be-
tween Wills and Dempsey there
would be references the following
day to the fight that took place the
night before, and expressions such
as were used in one newspaper fol-
lowing the Dempsey-Willard fight,
referring to one of the actors as
bleeding like a stuck hog, might
again reappear."
The evidence indicates that
should Wills have defeated Dempsey,
Wills should have been declared the
heavyweight fighting champion of
the world the court said.
Should the proposed bout take
place in Philadelphia, and Tunney
knocked out Dempsey, Tunney
would be declared the prize fighting
champion~of the world, Judge Givan
stated.
1.-THE court Is therefore forced to
| the opinion that though carrying
out of this contract would have been
illegal in the State of Indiana, yet
where the property right has ac-
crued in other states, where it had
been legal both t9 make and carry
~ the contract, the court must
pen it's doors to enforce he prop
erty rights already accrued.
Duty of Court
1.-The question as to whether the
decree of this court will be recog-
nized and enforced by the courts of
Pennsylvania has nothing to do with
the merits of this case, nor with the
duty of this court to decide the ques-
ton that is presented to it.
~The finding Of the court is, there
fore, that an injunction must be
issued, permanently enjoining Jack
Dempsey from engaging in any box
ing contests or prize fights, as the
particular individual might desire
to style them until he has carried
out this contract with the plaintiffs"
| the court ruled
r Judge Givan's ruling was made
shortly after 10 Monday night. The
entire day was devoted to complet-
ing of evidence and hearing of argu-
ments after which both sides pre-
scented briefs. The witnesses were
Fitzsimmons and B. Z. Clements,
club presidents, in rebuttal.
Arguments for Dempsey were
made by Earl Cox and Frank \ A.
Symmes. Arguments for the plaintiff
were made by Farabaugh. Arthur
Arnold Of South Bend and Sol H.
~Esarey.
CHR nERVCUAIC TT ATTn