Show KEARNS H HOPES PES TO COIN l PHILADELPHIA Sept 18 18 By The Associated Press Press- Press Jack Dempsey Dempse worlds world's champion Md and Geno Gene Tunney challenger for fOI hIs heavyweight crown crown have bave an n opportunity to meet In a court courtroom courtroom room toom here next Tuesday b but t not notus u as antagonists The be cult ault said to have hae be been n brought by Jack Kearns Dempsey's former manager to to prevent Tex nickard Rickard prom promoter otel from paying the fighters an any money mony before belore they honestly fulfill their contract In the ring at nt tho the C stadium next Thursday night bt came camo up In common pleas court ourt today and because of oC o the thO 1 of oC o the bill ot of com coni- coni the tho case caso went over until Tuesday The rhe detect defect was wa the tho of o the tle to name Dempsey and Tunnel Tunney as nOi defendants with Rick Rick- RickI ariL Riek-ariL aid I The Tho court allowed the t to te be amended and gave ample time for the tho fighters to be bo legally notified so that they can cnn make mako their appearance However It la le not likely that thaI Dempsey ey and Tunney will leavo their training camps camp for tor their at attorney torney can appear for them The detect defect In hll In he bill was point point- pointed pointed ed out by Ira J 3 J Williams coun counsel counselor t for Rickard nickard who also argued for forthe the dismissal of ot the suit on the ground that It was Insufficient In averments The court took under advisement Mr Williams motion to dismiss the suit After court adjourned Tn Tex Rickard gave out 0 a statement that the suit was merely another turo res-turo turo on the part ot of Kearns to find out where hero Dempsey's money ia sa an attachment can be bo made m de Kearns has a sult pending In Now New York to 10 recover i from Dempsey The Tho suit was brought In to the tho name ot of Sol Wittenberg an loves loves- Investigator for the law Jaw firm of which John R K Scott Is a 0 member lIe Ste lIeis HoIs is described In the bill of ot com com- complaint complaint plaint as a tax i payer ayer and ticket holder The Tho bill asserts that to pay money to the fighters before the lne fight would bo be defrauding the state and the taxpayers plain plain- plaintiff tilt tiff It if there thero Is la not Dot honest com com- comPetition competition petition The bill further alleged that it t tu was u the Intention to remove till the ash proceeds of ot tho the tight fight from Pennsylvania jurisdiction The state ot of Pennsylvania Is In t forested re ted in the tho case casc attorneys attorney for tor forthe the ho taxpayer said because the th commonwealth under the tho boxing commission law receives a 0 percent percentage a ago age o of at the gate ato receipts Attorney Williams In his 1 argument argument argument ment said tho the taxpayer was wu try try- trying trying try trying ing to assume the tho I powers power of ot the boxing commission and the tho attorn n n ny y 1 generals general's department and that tho taxpayer had no right to doubt the tho government ot of Pennsyl Pennsyl- Pennsylvania vania nta and try to get an Injunction over the heads of ot the two state departments |