The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-11-27
He Says that Governor Matthews Had
No Right to Send Troops to Suppress
the Prize Fight in September.
THE GOVERNORS STATEMENT
Troops Were Sent to Enforce the
Order of Judge Gillette.
The Attorney-General' Opinion Is that
Secretary Myers Must Accept the
ROby Articles Without Question.

The Roby matter IS not settled yet. At
torney-general A. q. Smith has informed
the Secretary of State 10y reques0 that
he had no right to refuse to allow the new
association TO file their articles OF incor-
poration, and went slightly beyond his juris-
diction in questioning the intentions OF that
incorporation. The Attorney-general holds
that the Secretary's Office was purely minis
terial. and that the new athletic associa-
ton is associated just as lawfully as though
their articles had been received and placed
on file BY the Secretary of State. The Ham,
mond gentlemen filed with the recorder of
Lake county, offered to file here and accom-
panied their articles with the required fee.
The Encouragement. in conversation yes
terday, expressed the opinion that the Gov
ernor has no authority in the premises as
yet, and had no authority to send troops
to Roby last September. There is no APP
propriation, he says, for such an expense,
and if the State Auditor issues warrants
for the expense of that trip his acts will
constitute a felony. The power TO quell
criminal proceedings in Lake county rest
with the authorities of Lake county. Had
Judge Gillette wanted to stop prize fight
ing at Roby he might have told the sheriff
of that county to arrest the Chicago sports,
and had he not done SO the judge would
have had the right to remove him from Of
flee and TO appoint n successor who could
have done as directed.
This opinion leaves the matter virtually
as it was before the Lake county Circuit
Court interfercd and placed the property
Of the Columbian Athletic Association in
the hands OF a receiver. II is generally
believed that the new Hanmond association
arc merely the agents OF the Columbian
Athletic Association, having authority to
sublet the old property TO irresponsible par
ties. who could secure the Corbett-Mitchell
fight and carry it through I'm spite of all
tic opposition Judge Gillette can make.
Were it not that Hammond people seem
in favor Of letting prize fights occur as
well as the people of the county in general.
tie problem OF stopping them would be
comparatively an easy one. and right here
is the place where the craftiness of the
willy McHugh comes in and is most per-
ceptible. by his famous voluntary associa-
ton act it was made possible for such as
sociations to be formed. and thereby make
the first inroad on the decency OF the
State. Perhaps no one knew better than
himself what an easy matter it would be
for the sports of Chicago 10 subsidize a
county, especially one so near Chicago as
IS Lake county. This opinion OF the At
torney-general at least points out the
strong points of the McHugh bill which SO
carefully guard these criminal proceedings
from molestation. IT would seem from this
that the authorities OF Lake county must
first be rescued from the foils Of the Chi
cago Sums before any great hope of bring
ing the State out Of it's embarrassments
can be entertained. Last week Attorney
Champaign, OF Hammond, wrote Secretary
of State Capt. w. r. Myers TO know the
reason why they had been refused the
right to file their articles. At the time the
Secretary said he presumed the request
was to get in black and white the grounds
taken by himself and the Governor in re-
fusing the articles. The opinion of the At
torncy-general was sought before submit
ting an answer. 1t is now quite possible
that the Secretary of State will make his
letter brief without Offering those official
apologies which are so indispensable in
higher diplomacy where a servant OF the
government is caught mapping. The AttOr-
ney-generais opinion in full is as follows:
MIR. SMITHS OPINION.
"Sir-Answering your communication ask
ing for my opinion as 10 whether you
should file in your Office a duplicate or GER
tilted copy of TIE articles Of association OF
the Roby Athletic Club, a voluntary ASSOC
| citation in Lake county, Indiana, l beg leave
to say:
The act approved March Z. 1887 acts
number of persons may Voluntarily asso-
| ciate themselves by written articles, 10 be
signed by each person who may be a MEM
Der at the time OF Organization, Specifying
the objects or the same, the corporate name
they may adopt, to designate such objects
pursuant TO said act. the names and places
l 81 residence o. GaC.1 ftI-lECE O. SLothfGolA-
or, with on impression and description OF
tre corporate seal. and IN wnat manner
persons shall be appointed or elected TO
manage the Business ana prudential CON-
Germs Of any such association for any Of the
| of this act specifically names the purposes
| for which persons may voluntarily assoc
cia!e themselves and me character OF the
may enter after organization.
"This section was amended by the act
approved March G. 1903 (acts ISs9, p I'D so
MS TO enlarge the scope OF the law concern
ing sucn associations and TO extend 10
them the power TO buy and sell merchan-
| disc and to conduct mercantile operations,
as well rs 10 organize associations FOR the
purpose of dispensing charity to the poor
and 10 assist township trustees 10 oversee
and care for that misfortunate class. Sec
ton ] OF the amended act OF March 6. 1859.
was again approved By the act approved
| March ,, 1891 facts 1881, y. SS) by authOriZ-
irg the ormation of such associations for
the purpose OF insuring titles TO real es-
tate. Again. Section ! OF the amended act
~ - A.AM 80 -
approved March >. 1888, by extending the
tenth clause OF said section TO include Or
CARNATIONS for the purpose OF conducting
pleasure or health resorts, club, boat
ing and bathing houses. sanitariums and
| gymnasiums IN connection Herewith, and
for the maintenance OF gymnastic or phys
| ical training schools. and for giving therein
athletic exhibitions and other physical con-
tests OF science and skill
ut was under this amendment that the
Columbian Athletic Club. Of Roby, was or
ganizcd and attempted TO and did carry on
a series OF criminal prize fights, which have
cauSsd so much comment and no little
trouble in this State. These unlawful con-
tests were not authorized by the law under
which said athletic club was organized. but
rather in defiance of its legitimate purpose.
In constituting this statute il must be pre-
sumed that the Legislature did not confer
upon voluntary associations the power to
violate the criminal laws OF the State or to
carry on a business criminal within itself.
Briefly, therefore,, the conclusion mus. be
that the athletic exhibitions and other con-
tests OF science and skill mentioned in said
act were intended by the Legislature TO be
monty taught in physical training schools
and gymnasiums, under such regulations as
would develop the intellectual and physical
condition of those who sought their adj
Z yantageS. When thus construed the statute