St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-10-18
REFUSES TO GIVE BONDS.
APPLICATION TO BE MADE FOE
A WRIT OF HABEAS COR
PUS.
THE DECISION TO BE FINAL.
If Against a Glove Contest Everya
thing Will Probably Be
Abandoned.

from Justice Kirke'S court 1t
charges that he has threatened, is
conspiring to, and is about to cons
init an unlawful assault upon the
person of Bob Fitzsimmons. Tha
warrant was placed in the hands OF
Sheriff Houpt, who proceeded to the
Arlington hotel and served it, 1t was
issued at the instance of Prosecuting
Attorney league. Corbett was
brought into court by the sheriff, and
the prosecuting attorney asked that
he be put under bonds to keep the
peace. Judge Kirke made the order
and placed the bond at $4,000.
Corbett refused to give the bond,
and his attorneys will sue out a
writ of habeas corpus before Chan
cellor Leatherman, asking for his re-
lease. This will bring the question
up for indicial hearing as to whether
a glove contest such as is now pro-
posed will be a violation of the
statute. If the court decides that
it is not, it is believed that the au-
thorities will respect the decision,
3,
the whole matter will be abandoned.
GOVERNOR WILL ABIDE.
An evening paper summarizes the
Corbett-Fitzsimmon situation as
follows: Unless there is a hitch as
to the agreement between the prin-
cipals the indications are that Cor
bett and FitzsimmonS will meet in a.
glove contest in this city to decide
the superiority between the two.
That is the latest status of the sit
uation as sized up here, in view Of
all concurrent circumstances. The
abandonment by the promoters Of
any and all further efforts to bring
the men together under conditions
which are prohibited by the laws Of
the state changes the whole aspect
of the case, from legal standpoint,
and so far as official interference Is
concerned. If, as they now propose,
the meeting shall be glove contest,
with all unlawful fcsttGr,-S eliminat-
ed, it is not clear how official inter
ference can be enfoI There is
no statute against glove contests in
this state. Men may box, and box to
a finish, if it is not under condi-
tionS which, within the meaning OF
the statute against prize fighting"
would make it such fight. They
cannot box or fight for a prize or
purse, but they may box as an ex-
hibition, to which an admission fee
L. -. hn
ployed by others to give such an ex-
hibition and not violate any statute
When the proper authorities exam
inc the law they will no doubt dis
cover that this is the case. OF course,
the conditions will have to be such,
however, as not to mean virtually
the same thing as prize-fight con-
tract.
LEFT TO THE JUDGES.
SHOULD the local authorities con-
clude that the contest can be brought
off under conditions which will not
warrant interference, it will take
place unless the principals, or one
of them, should decline to fight under
such arrangements. To such con-
test there will not, aud could not, be
any lawful interference by force
from state authorities outside Of this
country. Gov. Clarke was in the
city yesterday and consulted with
officials and citizens freely on the
situation While firm, and still as
serting that his personal position
was unchanged, he was never in
better mood to all appearances. The
conferences were held behind closed
dCors-a thing unwise when and
where open questions of public in
terest are to be discussed. No re-
porters were admitted and secrecy
was enjoined on the favored ones
present. But the thing leaked out,
as all such things invariably do, and
1T can be stated authoritatively that,
while asserting that he would toler-
ate no organized plan to violate the
laws of the state, and while he does
not know the difference, if any, from
a legal standpoint, between a. glove
contest and a prize fight, the COVER
nor is wiilingto refer the whole ques-
tiCn to the local authorities for de-
termination and abide by their ac-
ton. In the event that Judge Duffie,
upon examination of the law, con-
cludes that no violation warranting
is intended, the govern
ment will be satisfied, and in amy
event no state interference will be
interpoSed unless the constituted au-
thorfties of this county should ask
for such assistance. On this posi-
tion the governor unquestionably
stands squarely and properly on the
constitution and statutes of the
state, and in pursuing a more eX-
treme case, except upon discovery
that the local authorities refused to
enforce the laws, he should be
powers not granted by the
organized statutory laws OF the
state.
NOT YET IN JAIL.
LITTLE ROCK, Ark, Oct. IA
telephone message from Hot Springs
late tonight says that Corbett was not
brought into court this afternoon, as
was previously stated. The warrant
for his arrest was sworn out and
Sheriff Houpt started to ride out to
Corbett's training quarters at Spring
lake to place the champion under ar
rest. The sheriff reached Spring lake
so late that it was decided to remain
there tonight and bring the champion
Continued on Fifth Page.