Evening star., 1943-01-13
Ring Body Protected
Turner, Lawyers Say,
In Ahearn's Suit
Injunction and Validity
Of Action Token Under
Advisement by Judge

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controversy between Goldie Ahearn,
Liberty Athletic Club matchmaker,
and the District Boxing Commits
sion for the first time yesterday as
Justice James M. Proctor took un-
der advisement motion for an in
junction restraining the commits
sion from functioning until the full
scope Of its powers has been deter
mined.
The jurist also is considering the
validity Of Ahearn's suit against
the commission. individually and as
q body, for alleged damages total
ing $105, ,22408. The court an
nounced 1t would render a decision
within a reasonable time, which is
expected to be early next week at
tho latest.
Justice Proctor pointed out that
there was no immediate need for an
injunction, as Ahearn did not have
boxing show coming up and had
not applied for a permit. During
yesterdays proceedings 1t developed
that Attorneys Denny Hughes and
T. Emmett Mckenzie, representing
Ahearr, really wanted a restraining
order to keep the commission from
enforcing its ban on selling seats
placed over the ice at Uline Arena
until the issue at law had been de-
cided.
Sees Favor in Monday Dates.
Turner's name came into the case
when Hughes charged the commits
sion with protecting him to the ex-
tent Of reserving Monday night
dates exclusively for him. AS fur
ther evidence he pointed to the
commissions action in ordering
Ahearnr not to cut prices, an order
eventually rescinded, when the
matchmaker decided to promote a
bargain bill. This, he contended,
was done to protect Turner.
Chester Gray, assistant corpora
ton counsel representing the COM
mission, questioned the validity OF
the suit on the ground that the ring
body Is an arm Of the District gov
ernment and not liable to suit. He
also said Congress invested the COM
mission with broad powers in giving
1t control Of the game and warned
that unless rigid vigilance was main-
tanned it was a business that easily
would get out of hand.
Hughes, q well-known athlete In
his younger days and until recent
years q popular boxing oficial, took
exception to Gray's remarks con-
corning the game In general and In
referring to conditions at Uline
Arena directed the courts attention
to those at Turner's emporium,
which he described in no comph-
mentory manner.
In questioning barristers for both
sides Justice Proctor raised the point
whether the commission was IN
vading the Health Departments
domain in taking 1t upon itself to
determine whether or not q place
was unhealthy for spectators.
Says Seats Given Okay.
Hughes, stating that not until
Ahearn began promoting at Uline
was the issue of ice under the seats
ever brought up, said Representative
Jennings Randolph had a letter
from DR.. George Ruhland, District
health officer, stating that condi-
tions at Uline were not detrimental
to public health.
Gray told the court Ahearn had
promised rot to sell seats on the Ice
for his show last December 8, which
touched off the fireworks, but that
Michael Uline, arena owner, had in
sisted on placing some there. These
seats, three rows Of ringside chairs,
were to be given free to service men,
according to Hughes.
Yesterdays hearing vacillated be-
tween the snore and snicker stage
from beginning to end. At one time
Gray asked Justice Proctor II he had
seen the motion picture Gentleman
Jim," a film depicting the rise Of
Jim Corbett? The court had not.
The corporation counsel wanted to
use it as an illustration Of a point in
the case.
Both sides came armed to the
teeth with legal ammunition and
referred at length to various other
decisions which, they contended,
proved their cases. L. F. A.