Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1890-06-17
PRIZE FIGHTING AND THE STATE
LAW

A.loiucy -ocHeidi lOr an OJlulOu DIS 10
what steps can be taken to put stop to
the disgraceful practice. 1t is to be ex-
pected that the Attorney General will
reply in the words of the law, that all
manner of ring contention for prizes, and
without deadly weapons is unlawful that
it ought to be suppressed, and that au-
thorities who license it, encourage it, and
reap profit, even for municipal treas
uries from it, ought to be prosecuted for
malfeasance, or be impeached for gross
prostitution of their offices.
1t is simply amazing that decent citi-
zens of California sit quietly by and SUBJ
nit TO the State being blackened as is be-
ing done by this foul craze for slogging.
In the face of the action of the Chicago
athletic club that last week voted that the
bruiser John L. Sullivan should not dis
grace their gymnasium by entering it,
even to give mere exhibition, the action
OF San Francisco in licensing prize-fght-
ing and specifying the weight of gloves to
be used, and in sending police officers to
act as witnesses, juries and Judges to de-
termine when the law is invaded. and
when it is not, is shameful, and makes
every citizen of any sensibility blush for
the State.
The action of the Supervisors of San
Frar cisco in licensing that which the
State law positively prohibits ought to
secure the impeachment of every member
who voted for the disgraceful ordinance.
The action was taken under the contempt
ible plea of regulating" what ''could not
be prohibited" but all Supervisors voting
for the ordinance nevertheless violated
the oath they took to sustain the Consti-
tuition and the laws. 1t is simply lie
that prize-fghting cannot be suppressed in
San Francisco. Chief Crowley SO denom-
mates it. He says he can stop it inside of
an hour, if the Supervisors will permit
him to do so, and the Courts will refuse
to recognize the unconstitutional ordi-
nance licensing it. The State law is very
explicit. Itsays:
Every person who engages in Institutes en-.
courages or promotes any ring or prize fight, or
any other preaieditdtei fight or contention without
deadly weapons], either principal, aid sec
ond umpire, surgeon or otherwise, is punishable
by imprisonment in the State Prison net exceed
ing two years.
Attention is invited to the italicized
words, the italics being ours 1t will be
seen that it is not necessary that the con-
testants should fight with malice toward
one another; it is not necessary that there
should enter into the match any feeling
whatever. 1t is a violation of the law if
it is "ring" fight, and though there is no
prize or purse or money award to the
victor. 1t is unlawful if it is mere fist
icuff contention and is premeditated. A
fight does not necessarily imply that there
shall be hot blood, or anger, or excited
passions. 1t is fight when two persons
engage for a reward for the purpose of
testing the physical capacity of one to
beat the other into insensibility, or in
ability to resist his opponent
Webster defines eight to be con-
tention for victory, and prize fighting" to
be contention by boxers or fighters in pub
lie, for reward or wager Every con-
test before the licensed athletic clubs of
San Francisco is a contention between
boxers for reward or wager, and is in
public, because a fee is charged for adj
mission. 1t is none the less an admission
fee that it is covered by the phrase "mem-
bership Fee" That the Supervisors of
San Francisco designate fiye-ounee gloves
as lawful amounts to nothing There is
no exception in the State law, and a con-
tention with any sized glove, if it is
fight, an effort to win to achieve victory.
to down and disable an opponent, is vio-
peatedly held in other States that have
laws identical with ours.
There is broad distinction between
boxing, fencing, and other manly sports,
and fist and finish" fighting, and there
need be no stumbling because of an APP
parent similarity. No one has yet had
anything to say against boxing, which in
Its true practice is less harmful, dangerous
aud exhausting than baseball playing All
fused the question of suppression and reg
ulation with the assertion that it is box
ing up to a certain point aud slogging after
that, and that hence the ordinance defin-
ing what is and what is not lawful was
wise. But it is not given to the Supervis
ors of San Francisco to enact in interpre-
tation Of the law. Interpretation is the
Office Of the Courts Nor have the Super
visors of San Francisco the right to estab-
hsh police officer as a sole judge of what
is fight and what is not; as to how far
fight for coin or prize shall go, and at
what limit it must cease. Fortunately as
yet police officers are not vested with the
functions of Judges, juries and witnesses.
1t is TO be hoped that the reply of the
Attorney General viii set the local officers
sion of practice that is making the State
the object of shame and reproach through
out the land We have enough for the
police of our cities to do without spending
their time as judges Of the prize ring and
other fights. 1t was never intended that
they should be employed in that way, as
they are, for instance, in this city. 1t was
never intended by the Legislature that the
law should be limited by the size of gloves,
or the use of the ancient festus, with which
the gladiators knocked in each others
skulls in the arena to the delight of
crowd of brutalized people, who never
more persistently turned their thumbs
down to secure finish fight, than do the
attendants at the so-called athletic clubs
in San Francisco, licensed to murder by
the grace of the Supervisors OF that city.
FRYING INTO PRIVACY.