Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1895-09-18
DALLAS GOES CRAZY.
NO LAW AGAINST PRIZE FIGHTING
ON THE STATUTE hooks
IN TEXAS.
The unbcas Corpus Test Cnsc Ended
by Judge Hurt Turning the
PuHiIists Loose.

Dallas. Tex. Sept. l7-(speelal)-
The court room was TANNED this morn
ing when chief Justice James NJ. Hurt
of the court OF criminal appeals re-
sumed the hearing OF argument in the
habeas corpus case OF Jess Clark. Tom
CavRnauEh. j. j. Bates and the Sec
onds In the prize fight which took place
NJ. S. Crawford resumed his argument
at $3.50 and submitted to the court a
large number OF decisions and auth
critics bearing upon the point at Issue
the right of revision commission
TO re-incorporate in the codes an old
law which had been repealed or amend
edw and the power of the legislature
to revive the same by adopting the
reports OF the revision commission. In
1879 the revision commission added
new chapters and many important
amendments to the codes, and the
courts had passed upon the same sus-
tanning their validity. Judge Hurt
piled Crawford with questions and ex-
amined him very closely on certain
constitutional points involved. AT 1920
Attorney General Crane was given an
other opportunity to present the auth
critics In support OF his position-thnt u
commission has no power to add to Or
take from the existing laws OF the
state. He declared that u revision
commission, " the point made by at
torneys for the applicants was well
taken could ADOPT the codes Of Arkan-
sas or Louisiana as a part and parcel
OF their report. and n this Lawmakers
Of the legislature adopted the same
without investigating the 1900 or 1900
pages OF statutes then there would be
no recourse. and the Arkansas or
Louisiana codes would become part
and parcel of the laws Of Texas. Judge
Hurt asked the attorney-general ques-
lions at intervals. and announced that
he wanted every point at Issue cover
ed and all the light possible thrown
ON the complicated and knotty prob
lem with which he had to deal and
pass nDon. Al noon recess was order
ed until o'clock p. M, at which time
II was announced that Col. w, l.,
Crawford would begin the closing
argument for those vino held that there
is no law prohibiting pugllistic eNhi.
billions IN Texas,
Col. w. l.. Crawford made two
hours argument against the points
raised by the attorney general, and
llhH tNtlillAE at loui fAVNhf hlAtl WV
days argument by counsel in the ha-
beas corpus hearing OF Jess Clark, ar
rested on the second inst for prize
fighting. Chief Justice J. Al. Hurt OF
the court of appeals released the de-
PENDANT. His opinion was orally rem
dered. and was as follows
II desire to thank the citizens for
their kind attention and splendid be-
havior In court. ] desire TO thank the
ATTORNEYS In the case for the able
manner with which they represented
their sides of It. l had no opinion
when argument opened. | think It Is
better not to give an opinion in full
until | can put ii In shape, but | Will
say this: | think / suggested to SEN
atOr Kearby to make prize lighting a
felony. l wanted the state OF Texas
TO take an advanced ground on this
subject. for l looked upon II as the
most brutal OF acts. But my private
opinion has nothing to do with the
| law. / am NOT responsible for the
am not responsible for this confusion
In regard TO the statutes. am not re-
sDonsible for the fact that II requires
the highest intellect and the most
searching examination. such as the
present. TO determine whether we have
law against prize fightlng or not.
! do not believe that under the provis-
| ions Of our statutes or the well-set-
tied rule OF constructlon--es especially
when we look 10 the 9Th article-thBt
this man has violated a law that has
been 80 plainly written that he Is re-
sponslble for II. and I shall discharge
him. ] Will give my reasons hereafter
In writing"
On the announcement that the law
was null and void some parties APP
! plauded. whereupon Judge Hurt, wear
ing determined aspect. exclaimed;
| II will send YOU all to JAIL This re-
stored silence,
The city IL wild with Joy over the
decision. and the few kickers are very
sullen and die hard.