San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1895-10-08
A GRAND COUP.
PRIZE FIGHT MANAGERS ARREST
ED IN DALLAS.
Culberson's War to the Knife.
Prize Fight Litigation in
Supreme Court.

DALLAS, Tex, Oct. ESPECIAL. !
w. X. Wheelock, secretary Of the
Florida Athletic club, was served
with papers this morning to appear
before the grand jury at Austin.
Papers are also out for William A.
Brady, manager OF James ]. Cor.
bett; Martin Julian, manager of
Bob Fitzsimmons, and presuma-
bly, for Dan. A. Stuart, Joe Vendig
and others, all Of whom may be
arrested before night. Brady ar
rived this morning, Julian is ex-
pected this afternoon, and Vendig
this evening. The papers are is
sued on this authority: "Article
$50, title Is, chapter l, Of the Texas
penal code, provides that a con-
spiracy entered into in this state
for the purpose of committing any
felony in any OF the states or terri
tories OF the United States or in
any foreign territory shall be pun
ished in the same manner as If the
conspiracy so entered into was to
commit the offense in this state.
The penalty for such conspiracy,
by the Texas criminal code, is con-
finement in the penitentiary not
less than two nor more than five
years. Governor Culberson and
Attorney General Crane have ap-
parently determined on a war to
the knife against Stuart, and pro.
pose prosecuting him and his as
sociates in the courts at Austin, on
alleged violation OF the new anti
prize fight law, which makes prize
fighting a felony. There is much
uneasiness at the Florida Athletic
club, and the new developments
have caused a sensation. 1t looks
as IL the only way out of the trou-
BILE is to test the new law on the
ground Of unconstitutionality.
Papers were served on w. A.
Brady and Martin Julian at one
o'clock this afternoon. Brady,
Julian and Wheelock gave $3.50
bond each to appear before the
Travis county grand jury instanter.
1t is understood they will leave for
Austin tomorrow. Papers are
here also for Vendig. They will
be served by Sheriff Cabell when
Vendig arrives. There are no pa
pers for Stuart. His friends de-
clare it is determination on the
part of Gov. Culberson and Attor-
ney General Crane to crush Stuart.
The idea is that everybody is to be
used as witnesses against Stuart
before the Travis county grand
jury to indict him for conspiracy
to compound a felony.
AUSTIN, Tex, Oct. S.-(SpeciaD-
The case OF the tax collector of Will
Hanson county vs.. the state comp
troller, to force the latter to issue
prize fight license, was submitted
to the Supreme court at noon today
on oral arguments. This cause is
brought under the law passed by
the regular session of the 9th leg
islature licensing prize fighting.
The argument OF the state is to ef-
feet that the law just passed by the
called session Of the legislature de-
claring prize fighting to be felony
nullifies specifically all previous
laws and that inasmuch as prize
is now defined as felony
the comptroller cannot possibly
issue a license for it. While the
plaintiffs admit all this they claim
that there is some question as to
the legality of the law just passed,
prize fighting a felony.
They desire an opinion as to the
force of the law licensing fight in
case the other law is imperative.
Ex-Governor Hogg, representing
the state along with the attorney
also submits the following
"If there was no penal
law prohibiting prize fighting the
would have no author
lty to issue a license for the reasons:
First, that the legislature had no
right to pass a law and license a
crime within the class Of mala en-
20 and second, because by the bill OF
rights the legislature is limited to
the passage Of laws for the benefit
Of the people, and under section A,
article 16, of the constitution, a
fight between man and man can
not be licensed. The court will re-
serve its opinion until some time
next week.