Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1894-01-25
THE FLORIDA FIGHT.
It Is Apparently to Come OF To-Day
at Jacksonville.
THE INJUNCTION GRANTED.
Sheriff BroWard Restrained from Inter-
lsrinS In Any Way.
MARTIAL LAW IMPROBABLE.
The Governor Loath to Go to THIS
Extreme.
THE LATEST BETTING
One Hundred TO Thirty-lhree on The
American Champion.
GARRETT and MITCHELL.
THELATEST BETTING
One Hundred TO Thirty.lhree on The
American Champion.
CORBETT And MITCHELL.
Roth Gentlemen In the Floridian Metropo-
lis and Ready for the Fray-Georgihs
Border Guarded.

JACKSONVILLE, FLA. January "a
Judge Call reached forth his judicial hahd
al 3 O'Clock this afternoon and pulled the
Duyal Athletic Club out of the hole into
which it had been cast by the Governor
OF Florida. To the surprise or almost
everybc dy, the Judge granted the inJuhc-
ton asked for by the club Restraining
Sheriff Broward from in any way inter-
fering with the fight between James j.
Corbett and Charles Mitchell, which Is
scheduled 10 take place In this city TO-
morrow. The order granting The inJuhc-
ton is very brief, the Judge simply stat
ing that In his opinion, "glove-contests'
were not vioative of that law of Florida
which forbids fighting by previous APP
pointment." The courtroom was packed
almost to suffocation 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 queil
the disorder. Judge Call grew red in the
face, and pounded for order, but the
sports were too rejoiced to be controlled
easily.
To say that the decision caused n sem
sation In the city is putting 1t mildly
Nine men out OF every ten believed that
Judge Call would uphold the Governor
m his efforts TO prevent the mill, ana
when his decision in favor OF the cluD
became generally known the people were
dumbfounded. AT present the club peo-
plo 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. If Governor Mitchell ac-
cepts the decision of course there Is no
further obstacle in the way OF the night
tomorrow But the attitude of the Gov
.rnor has been SO determined In opposi-
ton TO the fight that many believe he VIII
vet find some way to circumvent the club.
1t is understood that the Governor is
averse TO declaring martial law. In fact,
Attorney General Lamar stated tonight
that martial law would not be declared
This was on the authority of telegram
from the Governor himself
THE SITUATION.
In regard TO Judge Calrs decision and
the further course of the state authori-
ties, the Attorney General tonight gave
the Southern Associated Press correspon-
dent the following statement:
"The Duval Athletic Club filed its bill
in the Circuit Court for Duval county
seeking to obtain an Injunction to re-
strain y. 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 Jackson
Vile In this bill the club set out the
articles of agreement under which the
fight was TO take place, ard alleged that
IL would take place as therein provided
and in no other way and alleged that the
Sheriff, with an armed force, intended TO
20 upon those grounds and stop the fight.
contrary to'the laws of Florida. And the
club further contended that the said con-
test 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.
"rhereupOn the Sheriff, represented by
the Attorney General of the State and the
States attorney for the circuit, filed in
the suit both demurrer raising the law
points of the case and a full affidavit of
the Sheriff's, stating the nature of the
contest. This demurrer raised the objec-
tiori 10 the clubs suit that a chancery
court had no power to issue an Injunction
against the Sheriff preventing him from
serving criminal processes or arrestng
people for breach of the peace or crime.
and raised the further objection that the
plaintiffs had a 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
aIalI ~
tended 10 fight for prize of $4,000, and
that he understood, and so alleged. that
while they intended to wear gloves, they
would infiict bodily injury upon each
other In the contest and that the nature
of the contest was TO fight by blows with
the fists, they Uhe contestants) wearing
so-called boxing gloves; and the affidavit
further states that the sheriff only In
tended to go upon the grounds 10 serve
warrants and make arrests as sheriff.
THE COURTS JURISDICTION.
"The demurrer further raised the ques-
ton that the laws of Florida prohibited
such contests. even II the Chancery Court
entertained jurisdiction of the bill at all.
"These pleadings and the evidence
n,aced before the court all tha issues.
The case was fully argued by counsel on
both sides. The court decided that the
laws of the State of Florida did not pro-
hibit such contests, and the court enter
tained the bill and granted an injunction
prohibiting the sheriff, his agents. and at
torneys. from going upon the grounds or
interfering with or preventing the con-
test. The offence. II any. in Florida,
growing out of such contests. Is mis-
demeanor. and the same Circuit Court
is the final appellate court that would
hear and determine the case
..rhe court granted to the defendant
until 10 O'Clock a. NJ. the 18th instant TO
file answer, II such could be framed. The
defendant at that time viii file his answer.
stating same matters set up In MS am
dayit already on file. only in more POSI-
tive terms as to the nature OF the con-
test. Said courts ruling on the answer
will be the same as that on the pleadings
aled on the 2ith. The law of the case
IL decided, as far as the Circuit Court
Of Duyal county can decide the came.
"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 be-
fore the so-called glove-contest occurs.
III the so-called glove-contest should oc-
cur the States officials will take such
further action as the facts will warrant" "
AT 10 o'clock tonight nothing further
had been heard from the Governor. and
the Adjutant- General. in a short talk with
the Southern Associated Press CORE
spondent, said he was resting on his
oars" simply awaiting orders from the
commander -in-chief in Tallahassee. Il
don't know what to expect" continued
General Houston, "for ! am not lawyer.
and hardly know how TO form an opinion
as 10 the next move OF the Chief Ex-
ecutive,"
The correspondent suggested that as the
Governor IL a very mad man. he might
act upon his impulses and declare martial
law. "Governor Mitchell never acted on
his impulses" was the Adjutant-Gene-
rars reply. HE acts in important mat
ters IKE this only on deliberate judgment
Oood lawyers tell me the Commander-in-
chief could order me TO take troops into
the ring and stop this fight"
aBut that would Be practical doclara-
ton of martial law. wouldn't it?'
"NN ~ Lawyers sex not' VA n