The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-06-10
AND MATTHEWS SIGNED 1T
One Of Mepbisto McHugh's Celebrated
Bills Rises Up to Smite the Governor.
Under 1t the Roby Prize Fights Cannot Be
StO2ped-Mr. 0Malley's athletic
Club" Incorporates.

county, yesterday filed articles of in
corporation with the Secretary of State.
giving capital stock of $3.50. ZOO. The
club files under the law of 1893, providing
for voluntary associations. Its purpose it
Is said. In one article is TO promote health
and pleasure. to build. equip and conduct
hotels. boating. bathing. sanitsrium and
gymnasium facilities. and to provide q
school for athletic training, and for ex-
hibitions of physical contests In science
and skill. The real purpose is disclosed in
the last declaration. and It is this which
has led Governor Matthews to take firm
stand for the rigid enforcement of the law
IN regard to the exhibitions held. The in
corporators are Dominick c. O'Malley,
Louis NJ. Housemen, George Silver, James
Robertson, all of Chicago. and James Z.
Carroll and Zick Abraham. of San Fran
cisco.
Governor Matthews yesterday received
call from Mr.. O'Mslley. who is president of
the association. The latter represented to
the Governor that it Is not at all the pur-
pose of the club to violate the laws of the
State. and that the most exacting inspec-
ton of the programme is invited. He pro-
ceeded TO picture the operations of the club
In very attractive light, SO that the Gov
ernor said afterward that he did not know
but that the devil is not as black as he is
painted. and that the association really
has some benevolent or angelic motive in
its category of purposes. MIR. O'Malley wac
Informed thas the laws of the State could
not be violated with impunity. and that
every assistance of the executive would be
gwen the county officers and courts.
The law under which the club incorpor-
ares," said the Governor. yesterday, rs a
little broad in it's terms. but as originally
drawn and offered wonld have permitted
much worse things. The question has sim
mered down to what is prize fighting, and
In the absence of any statutory definition
of it will hold that il means fights for
hire and profit In public place. The sher-
was fully advised what steps TO take. and
If the first exhibit next Monday night in
cludes anything unlawful he will act.
believe from what he said that he will do
his full duty and will be supported by the
local court"
The law under which this association
files it's articles was Senator McHugh's
omnibus bill, !" which was intended to au-
thorIZe the incorporation of almost every
thing In order to bring INTO existence some
organizations which would not be toler-
ated otherwise. The bill had all the
foxy" qualities for which the measures of
the TiDpecan0e statesman were notorious.
The Governor signed it. Governor Mat
thews said yesterday that the bill con-
tanned several things which were objec-
tioDable TO him and that be had them cut
out, but that it still has some weak points
which he did not detect. Readers of the
Journal. however. will remember that the
dangerous points of McHugh's bills were
frequently pointed out in it's columns. and
this particular bill was severely criticised
before the Governor signed it. The Gov
ernor had an interview yesterday with At
torney-General Smith about the state of the
law against prize fighting. They came to
the conclusion 1t is said. that the MoHugh
law gives the club organized q right to do
about as 1t pleases, and that the only way
to reach the olub Is TO enforce the law
making prize fighting q crime. But the
trouble Is, as the Governor pointed out TO
make a definition of prize fighting. It is
recalled that an attempt was made to de-
tine this sort OF sport" but Boss MoHugh
did not want it and prevented it. SO that
the evil purposes of the omnibus bill might
not be thwarted. Those who have given
the subject some thought say that there is
nothing for the Governor TO DO but TO wait
and watch. and If the exhibits are of the
TO IL that the participants are arrested and
prosec u ted, trusting to "Iuckn for cor VIC
ton.
The sheriff mentioned as talking with
the Governor Sheriff Friederichs. of
Lake county, who came To the city for
lu6 COuItEtuCt. his COuNtIedtlUD luuiCdlcu
that he was not sure of his proper course
under the law. The club, he said, has not
invested the large sum OF money repre-
scented, and he could not tell beforehand
what would be the nature of the enter
tainment to the club and Its guests. No at
tempt would be made. he ssid to prevent
the opening of the place on Monday night.
but IL the law is violated he will interfere.
He thinks it will be difficult to secure q con-
viction. He said there would be no need TO
accept the Governors offer OF the aid of the
militia. as the forces at hand would be
sufficient. While in the city Sheriff
Friederichs secured an opinion from Judge
Elliott concerning his dutief In the matter
The opinion holds that the statute under
which the ASSOCIATION organized does not
repeal the statute making prize fighting q
crime. In conclusion the opinion reads as
follows:
Our statute makes prize fighting a crime but
does not define 1t. In such cases common law
definition will be adopted. State VS.. Burdetta,
73 Indiana, 1875; or. IL IL furnishes no definition,
the court will take judicial notice of the mean
ing OF the term as commonly understood Ooh
man VS.. The State, 81 Indiana, 49, We think the
meaning OF the term, as COMMONLY understood,
that 1t states the true doctrine upon
this subject. We therefore OF the
opinion that the mere fact that 1t
takes place before club or incorporated associa-
ton. especially IL outsiders are admitted, will
not prevent it from being aprlZe fight within the
meaning OF our statute, and that II in is not a
mere friendly sparrlng or boxing match but Is
In fact prize fight as commonly understood, II
is your duty under Section 5S6S, r. !. 1881, TO
arrest view the principals, hackers, trainers,
seconds. reporters, umpires assistants, and II
any other crime or misdemeanor Is committed,
In your view, which Is not required TO be com
make IL crime or misdemeanOr. you might
safely arrest the guilty parties. Notwithstanding