Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-01-23
THE HEARING PUT OFF
Pugilists' Injunction Case at Jack
sonville Postponed.
1T WILL COME Up TOMORROW.
Claims in the Bill Against Sheriff
Broward.
POINTS IN THE ETITION.

JACKSONVILLE. Fla, Jan. 23.-Judge
Call has postponed the hearing in the in
junction case until tomorrow morning.
What the action of the judge will be in
the matter of the hearing to determine
the question of making permanent the
temporary stay granted to the Duval Club
last night has excited the sporting visitors
almost as much as the prospects Of the
fight itself. True to their instincts, the
sporting men have made betting AFFAIR
of the matter, and points on Judge Call
are now as eagerly sought as points on the
fighters have been heretofore The case for
the club will be argued by Col. Cockerill
and Sheriff Broward will be represented by
County Solicitor J. b. Christie
The pugilistic element was not quite so
jubilant this morning when Ii became
known that the temporary stay was not a
substantial victory for the club. The
sporting men did not know last night that
the mere petition for an Injunction oper-
ated a temporary stay, and were OF the
opinion that the legal battle had begun,
and that the club had scored first blood
The bill of petition filed by the club sets
forth that the sheriff has declared his pur-
pose to take possession by an armed force
of the real property of the club. where an
arena has been put up and where scien-
tific glove contest is to take place.
1t is further asserted that the declara-
tons on the part of the sheriff have al
ready seriously interfered with the sale
of tickets to this contest or exhibition ana
the success of the enterprise.
The threatened taking possession of these
premises, ii is declared,is accompanied win
the declaration that possession will be
maintained until the contest is abandoned.
The bill also sets up the fact that this
contest is to be held in pursuance Of the
power given by the last legislature to this
city in the special charter granted. This
charter empowers the city with the right
to regulate. prohibit or suppress theatrical
amusements and other exhibitions. This
provision of the charter is law that super
sedes all other conflicting law. Neither the
dueling statute nor any other statute can
be considered Independent of other stat
utes. If there Is conflict between one
statute and another the last statute passed
practically repeats all of its conflicting pre-
decessors. The payment of the fee enacted
by the city ordinance and the license ob-
tanned hereunder are made parts Of the
bill
The bill prays that the present injunction
be made perpetual, in the matter Of res
training Sheriff Broward. his agents, SER
wants or attorneys from taking and keeping
possession of the grounds and from con-
tinuing to hold possession, and from inter-
fering in any way with the exhibition or
the entrance of any person upon the per-
mission of the club in or upon the GROUNDS
as a spectator or participant in the said
exhibition.
No Railway Trains for the Fighters.
The action of all the railroads, except
the road running down to Mayport, in
agreeing to support the governor In this
matter by refusing to furnish trains for
the use of the Duval Club, has practically
left the club no fighting ground but the
arena already prepared in this city. 1t
looks now as IL the fight would take place
here or not at all. The club will certainly
attempt to have it in the arena If Judge
Calls decision is in their favor, as 1t is not
believed by them that the governor will go
to the extent of declaring martial law in
opposition to a decision of a state Judge.
Col. Cockerill declines to discuss this
point further than to declare empha tically
that Gov. Mitchell would not put any part
of the state under martial law on a aues-
ton of difference on a point of law with
the state.
In this regard 1t is significant that the
Western Union Telegraph Company is per-
fecting its arrangements for handling press
bulletins in the arena.
The question of a postponsment of the
fight has been discussed in view of the
laws delay. VIM. Brady. speaking for
Corbett, said he would agree to a post
ponement until Friday. or even Saturday
although 1t would be a hardship on the
fighters to be Obliged to keep on the keen
edge of perfect condition two days beyond
the time for which they had been. training.