The times. [volume] (Richmond, Va.) 1890-1903, 1894-01-25
INJUNCTION GRANTED.
THE sHERIIF REsTRAINED From
INTERFERING WIN TnE FIGHT.
The Club People Are On Top and IL Looks
Like the Fight VIII Take Place In Jack
sonviife To-day-whst Nex.9

'N'N''O-N li@isfs, ria, Jan. 2..-Judee
Cali rcoChcd forth his judicial hand at g
clock ,his afternoon and pulled the
DIVA. Athletic Club out FL The. hole into
which it had been cast by the Governor
of F1oI .da., To the surprise of almost
everybody the Judge granted the lnjunc-
ton asked for by the cub. Restraining
Sheriff Broward from in any way inter
fcriug with the fight between James J.
C0tbett and Chsrles Mitchell, which IS
scheduled TO take place in this city to-
morrow. The order grlnting the injunc-
ton e. very brief, the Judge simply stating
that in his opinion "glove contests" were
not violaiiye Of that law OF Florida which
forbids fighting by previous APPOINT
mcnt' The courtroom was packed al
most TO suffocation 10y the sporting gentry,
and wien the import OF the order was
realized. pandcmonium broke l0oss. Cheer
after cheer came from the throats Of
lovers OF puglism. and the officials OF the
court were utterly unable TO queel the
disorder judge Call sew red In the face
and pounded for order, but the sports
were TOO oyorj0yed TO be controlled easily.
The Club People on Top.
10 say that the decision caused a sensa-
ton IN the city Il putting it mildly. Nine
men out Of every ten believed Judge Call
would uphold the Governor in his efforts
10 prevent the mill. and when his decision
in favor of the club became generally
known the people were dumfounded. AT
present the club people are on top FOR
the first time since they undertook 10 pull
off the match, but how long they Will
remain on top is a question. II Governor
Mitchell accepts the decision OF course
there is TO further obstacle in the way
Of the fight tomorrow. But the attitude
Of the Governor has been so determined
i'm opposition 10 the fight that many be-
lieve he viii yet find some way to cir
cumvent the club. 1t is understood that
the Governor is adverse 10 declaring mar
tial law: in fact. AttOrney-General Lamar
stated tonight that martial law would not
be declared. This was on the authority
Of a telegram from the Governor himself
What he Alton, y-Gen"ra Saws.
I'm regard TO Judge Calls decision and
the further course Of the state authori-
ties the Attorney-General tonight gave
the Southern Associated Press CORE
spondent the following statement:
"Thc Duval Athletic club filed its bill
I'm the Circuit Court for Duyal county
seeking 10 obtain an injunction 10 restrain
n. B. Broward the Sheriff ~ thar county.
from preventing the contest or iisht be-
tween Corbett and Mitchell on the old fair
grounds I'm the city Of jacksonville. Ia
tins bill the club set out the articles of
agreement under which ihe hght was 10
take place and alleged that il would take
place as therein provided. and in no other
way. and alleged that the sheriff, with
an armed force. intended 10 go upon these
grounds and stop the fight as contrary
to the laws Of Florida and the club
further contendel that the said contest
was not ia violation Of the laws OF FLOR
ida. and that the sheriff had no legal
right 20 go upon the grounds or 20 stop
the contest Thereupon the sheriff, rep
resented by the encouragement of the
state and the States attorney Of that
circuit. filed I'm this suit both q demurrer
raising the law points Of the case and
n fun affidavit Of the sheriff stating the
nature Of the contest.
"Ihis demurrer raised the objections 10
the clubs suit that the Chancery court
had no power TO issue an injunction
AGAINST the sheriff. preventing him from
serving criminal process or arresting peo-
pie for breach Of the peace or crime, ana
raised the further objection that the
plaiptiffs had fun remedy I'm suing the
sheriff for damages II he committed any
wrong or committed any illeca act IN
the premises. The affidavit of the sheriff
stated that ne learned that COrbett and
Mitchell intended TO fight for a prize OF
$4,000. and that he understood and so al
legged that, while they intended TO wear
gloves. they would infict bodily injury
upon each other in the contest. and that
the nature of the contest was TO fight by
blows with their fists, they tne con-
testants) wearing sO-called boxing gloves.
And the affidavit further states that the
sheriff only intended TO 20 upon the
grounds to serve warrants and make ar
rests as sheriff.
"The demurrer further raised the ques-
ton that the laws of Florida were pro-
hibting such contests If the Chancery
Court entertained jurisdiction of the bill
al ALL
The Courts Decision.
These pleadings and evidence placed be
fore the court all the issue. The case
was fully argued by counsel on botn
sides The Court decided that the laws
Of the State of Florida did not prohibit
such contests, and the Court entertained
the bill and granted an injunction pro-
hibiting the sherin and his agents ana
attorneys from going upon the grounds
or interfering with or preventing the
contest. The offence. If any, IN Florida
law growing out Of such contests iS a
final appellate court that would near
and determine the same.
The court granted TO the defendant
until 10 o'clock OF the 18th 10 file answer
if such could be framed. The defendant
at the time will file his answer stating
the same matters set up in MS affidavit !
already on file only in more positive
terms as 70 the nature Of the contest.
Should the courts ruling on the answer
be the same as that on the pleadings, filed
on the 9th, the law Of the case is de-
cided as far as the Circuit Court OF
Duval county can decide the same.
In view of these facts as every peace
officer of the county must recognize this
decision. il is not deemed proper that
such peace officers take further action
before the sO-calIed glove contest occurs.
If the so-called glove contest should occur,
the states officers Will take such fur
Their action as the facts Will warrant.
What VIII On Gnvcr' D.?
At 10 o'clock tonight nothing further
had been heard from the Governor. and !
the Adiutant-General, in a short tails |
said that he was resting on his oars |
simply awaiting oders from the Comman- |
in Tallahassee. If don't |
know what 10 expect continued Cen |
eral Houston. FOR 1 am not a lawyer |
and hardly know how 10 form an opin- !
ion as 10 the next move of the Chief Ex- |
scut.ve."
The correspondent suggested that, as the |
ioN crnor is very mad man, he might |
lct upon his impulse and declare martial |