Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1895-09-20
HAS THE BACKBONE.
AND DOES NOT AGREE WITH
JUDGE HURT IN cONsTRUC-
TIoN OF THE LAW.
Evidently believes That the Fight
Can and WIN He Prevented In
Some Manner.


Avenue Hotel.
Austin, Tex, Sept. 19.-The interview
which the governor gave out last night
anent the ett-Fitzsimmons prize
fight is clear cut and as a party here
very appropriately but probably not
elegantly expressed It, has the whis-
kers on It," The governor speaks in
plain terms. His intention cannot be
misunderstood. He simply means that
the Corbett-Ftzsimmons mill cannot
be pulled Off in Texas, and he states
1t in such a way that every one down
here thinks that the chief executive
Will make an effort. and bold one
at that, to prevent, as he thinks. the
disgraceful encounter No one who
bears close acquaintance with Gov
ernor Culberson doubts that he pos
sesses sufficient backbone to carry out
any plan of action which he may map
out Governor Hogg is reported to
have said before ne left here FOR Col
orado recently that the people of the
state need not have any doubt but
what Governor Culberson possessed
an abundance Of the quality predom-
mating In the bulldog and 1t would he
found that the present governor would
carry out without doubt any plans that
he might agree on.
1t is clear that the governor does
not agree with Chief Justice Hurt in
his construction Of the law relative
to prize fighting in Texas. He thinks,
as Is manifest, that the law prohibits
prize lighting, and he proposes enter
tanning this view until a full court
OF competent Jurisdiction renders an
opinion TO the contrary. 1t was re-
ported around the capital this morn
Ing that there was doubt as to
whether or not Comptroller Finley
could be mandamused in view of the
provision in the last revised stntutes
which reads that no court of this state
shall have power, authority or juris-
dlction TO Issue the writ OF mandnmus
or Injunction or any other mandatory
or compulsory writ or process against
any of the officers of the executive de-
partments of the government of this
state, TO order or compel the perform
ance OF any act or duty which by the
laws OF this state they are authorized
to perform, whether such act or duty
be judicial, ministerial or discretion
airy.
This Is in accordance with article
NeNA Va wv lfNANfh NANAl statutes, WHICH
act has never been repealed. Article
$40, however, of the same statutes
which was passed In 1892, (subsequent-
| ~ TO the first named acO provides that
such courts as l have mentioned have
the power 70 issue such writs OF man
damus and leading lawyers told me to-
| day that several opinions had been
! rendered by the supreme court decId-
ing this very point. and that there was
not the slightest doubt but that the
comptroller could legally be man.
| dnmused.
some contend that the prize fight
matter win finally wind up by the
chief executive calling IA special session
| or the legislature. as they think this
y now the only solution to the cues
ton. Governor Culberson, however
seems to have already mapped out his
course and what II is the public will
| probably know later on. Here M The
state capital The prize hght is the all
absorbing topic of conversation.
A @ N