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Calls Boxing Probe Unconstitutional CounselChallenges Powers of Board Pennsylvania Governors Right to Suspend Sport In State Also Questioned By JOHN GAUDIOSI United Press Sports Writer PHILADELPHIA, Pa., June 24. The Pennsylvania Athletic Commission, investigating the Harold Johnson-Julio Me-deros bout, was told by opposing counsel today that it is an illegal body, Garfield W. Levy, attorney for matchmaker Pete Moran, one of six respondents in the case, contended the state legislature failed to specify powers of the commission, rendering the act establishing the commission unconstitutional. Levy argued further that the 90-day suspension of boxing in Pennsylvania, ordered by Gov. George M. Leader, like- wise was unconstitutional because only the legislature can take such action. Leader issued his edict under his "police powers" to protect the public after learning that Johnson allegedly was drugged into a collapse against Mederos on May 6. Levy made his lengthy plea as the three-man commission heard oral arguments before studying testimony in the. case and reporting a finding, on its charges that the six respondents participated in a "sham or collusive" bout and were guilty of "conduct detrimental to boxing." Decision Late Next Week Commission chairman James H. "Sleepy Jim" Crowley-said the board would meet in Harrisburg next Tuesday and Wednesday and should come up with a decision "probably by the end of next week." - Levy held that in the absence, of any specific delegation of authority from the legislature, the commission could "run unbridled as it saw fit." "It could decree that no bald-headed man can be a fighter, or that a man with a mustache cannot be a second," he said. Commissioner Paul Sullivan pointed out that Levys contention was premature since it came before the commission had reached a decision "one way or another" against the respondents. Levy, who indicated he would take an adverse, ruling against his client Moran, to the state courts, then agreed to hold in abeyance any legal move until the commission reports its finding. ., Moran already is under bail on a perjury charge for giving allegedly conflicting testimony to the commission in the course of its nine days of hearings which closed .on June 7. Accusations Against Respondents . The matchmaker and his fellow respondents are accused of participating in a "sham or collusive" boxing bout and "conduct detrimental boxing." The charges stem from the allegation they knew Johnson was not fit to fight, but nevertheless permitted him to enter the ring against the hard-punching Mederos. Moran also was accused of having a financial interest in Johnson while holding down his matchmakers job in violation of boxing regulations. Today, State Deputy Attorney General Herbert Levin, commission counsel, recommended that charges against Joe Rowland, one of Johnsons handlers be dismissed on the basis of the testimony. G. Wesley Allen, counsel for Johnson, told the commission the light-heavyweight contender was "under the influence of a narcotic" when he was expected to report to authorities he was not feeling well. "The evil genie in this case is the person who gave him the dope," Allen said. Thomas Burke, attorney for Tommy Loughrey, Johnsons manager, argued that commissioner Alfred Klein, commission secretary Jack Saunders and two commission doctors also should have been named respondents. He claimed all four were at ringside and should have noted Johnson was not in good physical shape. The contention drew a pungent retort from Levin. "It reminds me of a tactic of throwing a skunk in a room," Levin said. "After the skunk is dragged out, the odor still remains." Crowley, formerly one of the "Four Horsemen of Notre Dame,, disclosed at the close of the four hours of argument that the commission is planning to draft "new legislation pertaining to the athletic commission code." Crowley said it is hoped the draft will be a "model code" for other states to follow. He said a decision to revise the present regulations had been made before the current hearings here, because of radio, television and other modern factors. The hearings indicated to us that we should speed up our drafting so it could be presented to the present session of the legislature," Crowley said.
