The morning news. [volume] (Savannah, Ga.) 1887-1900, 1894-01-25
NAY FIGHT In THE ARENA.
The Sheriff EnjOined From Preventing
the Meeting.

THE Adjutant General Awaiting
word From the Executive-Georg
cavalrymen Guarding the State Line
+o Keep the SluRgers Out of Georgia.
Corbett a Heavy Favorite in the
Betting.
Jacksonville, Fla, Jan. A.-Judge Rhy-
don NJ. Call reached forth his judicial
hand at 3 o'clock this afternoon and
nulled the Duval Athletic Club out of the
hole into which it had been cast by the
Governor of Florida. To the surprise of
almost everybody, the judge granted the
Injunction asked for by the club re-
.training Sheriff Broward from in any
wav interfering with the fight between
lanes J. Corbett, and Charles Mitchell
which is scheduled to take place in this
CITY tomorrow. The order granting the
Injunction is very brief, the judge simply
stating that in his opinion ''glove con-
tests" were not violative of that law of
Florida, which forbids 'tighting by pre-
yious appointment"
PANDEMoNIUM IN THE COURT.
The court room was packed almost to
sufocation by the sporting gentry, and
when the import of the order was realized,
pandemonium broke loose. Cheer after
cheer came from the throats of the lovers
of pugilism, and the officials of the court
were utterly unable to quell the disorder
Judge Call grew red in the face and
pounded for order, but the sports were
too overjoyed to be controlled easily.
81
sation in the city is putting it very mildly
Nine men out of every ten believed that
Judge Call would uphold the governor in
his efforts to prevent the mill, and when
the decision in favor of the club became
generally known the people we're dumb
founded AT present the club people are
on top, for the first time since they under
took to pull off the match, but how long
they will remain on top is question.
ALL DEPENDS ON THE GOVERNOR.
If Gov Mitchell accepts the decision, of
course there is no further obstacle in the
way of the fight tomorrow. But the at
tiUude of the governor has been so deter
mined in opposition to the fight that many
believe he will yet find some way to cir
cumvent the club. 1t is understood ithat
the governor is averse to declaring mar
tial law. In fact, Attorney General La
mar stated tonight that martial law
would not be declared. This was on the
authority of telegram from the governor
himself,
A STATEMENT BY THE ATTORNEY GENERAL.
In regard to Judge Calls decision and
the further course of the state authOri-
ties, the Attorney General tonight gave
the Southern Associated Press CORES
pondent the following statement: THE
Duval Athletic Club fled its bill in the
circuit court for Duval county, seeking to
obtain an injunction to restrain n. B.
Broward, the sheriff of that county, from
preventing the contest, or fight, between
Corbett and Mitchell, on the old fair
grounds, in the city of Jacksonville.
In this bill the club set out the
articles of agreement under which the
night was to take place, and alleged that
1t would take place as therein provided
and in no other way; and alleged that the
sheriff, with an armed force, intended to
90 upon those grounds and stop the fight
as contrary to the laws of Florida; and
the club further contended that the said
contest was not in violation of the laws of
Florida, and that the sheriff had no legal
right to go upon the grounds
or TO stop the contest. Thereupon, the
sheriff, represented by the attorney gen
eral OF the state, and the states attor-
ney OF that circuit, filed in this suit both
demurrer raising the law points of the
case and full affidavit of the sheriff
stating the nature of the contest. This
demurrer raised the objections to the
CLUBS suit that the chancery court had
no power TO issue an injunction against
tne sheriff, preventing him from serv-
ing criminal process or arresting people
Ior breach of the peace or crime,
ana raised the further objection that the
PIalntlf1s had full remedy in suing the
sheriff for damages if he committed any
wrong or committed any illegal act in the
premises. The affidavit of the sheriff
stated that he learned that Corbett and
Mitchell intended to fight for a
prize OF 1000, and that he un-
dc,erstood, and so alleged, that while
they intended to wear gloves,
tney wouldinf1ict bodily injury upon each
o.her In the contest and that the nature
oI W the contest was to fight by blows with
thelr hsts, they (the contestants) wearing
so-called boxing gloves. And the aftida-
lt 1urther states that the sheriff only
intended to go upon the grounds to serve
warrants and make arrests as sheriff.
TIE ATTACK on THE LAW.
The demurrer further raised the
question tnat the laws of Florida were
prohloltory of such contests in the event
tne chancery court entertained jurisdic-
VIC DlAl az dlls L ucSG
ana evidence placed before the court all
Che issues. The case was fully argued by
counsel on both sides. The court decided
Vuat the laws of the state of Florida did
uoG prohibit such contest, and the
court entertained the bill and
granted an injunction, prohibiting
vne sheriff and his agents and
aVtorneys from going upon the grounds or
tICer1erlng with or preventing the con-
T ESsI. The ofense, if any, under the
tOrlda law, growing out of such contests,
10 mlsdemeanor, and the same circuit
court is the final APPELLATE court that
would hear and determine the same. The
court granted to the defendant until 10
iurther answer if such could
@ De framed. The defendant at that time
wiz hIe his answer, stating the same
matters ei set up in his affidavit already on
nle, only IN more positive terms as to the
nature of the contest.
ohould the courts ruling on the an
s2Wer De the same as that on the plead
iugs on the 24th the law of the case is
e eg4ued as far as the circuit court Of Du-
va! county can decide the same. In view
u, ~ Vuese facts, as every peace officer of
e. county must recognize this decision,
s ~ - not deemed proper that such peace
ouCeFs take further action before the so
oaie9 glove contest occurs II the So
.aIeo glove contest should occur, the
StS1e onicials will take such further ac-
''on as the facts will warrant"
VEN, HoUsToUN WAITING DEVELOPMENTS