The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-06-28
A JOKER IN THE CODE.
But the Little "If' Is Removed
and Prize Slogging Is
a Felony.
PASTORS ARE ON THE ALERT
Manager Stuart Says, However,
Corbett-Fitzsimmo Mill.

NEW YORK, n. Y, June 27.-The Her
AIDS correspondent at Austin, Tex, tele
graphs that Attorney General NJ. NJ. Crane,
under date of June q, wrote a long letter
to Rev. w. Irving Carroll, secretary of the
Pastors Association of Dallas, from which
this is an extract:
1.-The course for your people to pursue. if you
desire to prevent this prize-fght, politely
termed glove contest, is TO apply to your
local officers, certainly TO your county attor-
ney. But, until he is called upon, 1t would be
indicate for me TO indicate what think the
law is. 1t is well known that the last Legis-
lature enacted new Fenal Code, and it might
be that an examination of It's provisions would
change the opinion OF some people as to the
insufhciency OF the law"
This was written in reply to letter from the
Rev. Mr.. Carroll, asking the Attorney-General
il there were no laws to prevent the proposed
Corbett-Fitzsimmons fight in Dallas.
The Attorney-GeneraPS comm unlcatlon was
read with delight by the Dallas pastor, and the
word was soon passed that there was surprise
in store for Dan Stuart. AS the Attorney-Gene-
raj implied that there was something in the
new Penal Code that would checkmate the
sport, Herald representative went to Austin
20 ascertain the nature of il. He reports:
ascertained tnat up TO 1891 there was practi-
cally no law in Texas TO prevent prize-hghting.
All in fact that was necessary for two pugs TO
do TO keep within the statutes was 10 pay 5000
for a license to slug each other, and they could
go ahead and fight to their hearts content. In
1891, however, the following law was enacted:
Sectional. Be 1t enacted by the Legislature OF
the State of Texas that If any person who shall
voluntarily engage in q pugilistic encounter be-
tween man and man or fight between man and bull
between man and other animals for money or
other things of value, or upon the result OF which
any money anything of value is bet or wagered,
to see which any admission fee Is charged,
either directly indirectly, shall be deemed guilty
of felony, and upon conviction shall be fined not
less than $500 and not more than $1,000 and by
punishment in the County Jail for not less than
sixty days nor more than one year
Sec. 2. BY the term puRlliStic encounter as used
in this act Is any voluntary hight or personal
encounter by blows by means of the fists, whether
with or without gloves, between two or more men,
for money, prize or other thing of value. or upon
the result of which any money or other thing OF
value is bet wagered.
Sec. 8. Any person who shall act as second,
stakeholder. counselor or adviser, or who shall
render aid OF any such character for or to the prn
cpals either of them, in any such encounter,
shall be deemed q principal in the ofense and
shall be punished prescribed in section of this
act
The belief was current that this law was in
operative, and that there wasa joker in 1t in
the word ''felony." Article " of the Penal
Code defines felony thus: every otense
which is punishable by death or by imprison-
ment in the penitentiary, either absolutely or
as an alternative, is felony: every other oHense
is misdemesnor."
AS prize-fighting is, in the law OF 1891, de-
clared felony, while punishment is only pro-
yided for misdemeanor ofense, thes ports have
been of the opinion that the law was dead
letter. There is said to have been decision
upholding this proposition, but have been
unable 10 discover it, If one was given. l saw
Attorneg-General Crane at the State Capitol
this morning. At first he was disinchned to
answer direct questions with direct answers.
After beating around the bush for some time
read the extract from the Rev. Mr.. Carroll's
letter, which is quoted above, and asked him
the plain question as 10 whether he dld not IN
tend to have the pastor understand that the
new Penal Code made ample provision for pre-
venting the great fight.
Have you read the new CODE" was the way
Mr. Crane replied. at was adopted by the
Legislature which recently adjourned"
said had not been able to DO SO carefully,
but in Ihasty glance had got at it l had
noticed no material change in the law regard
An" said Mr.. Crane. warming up, "that's
because you are not q lawyer"
"The felony joker is in the new CODE" re-
piled. ., .o,
Joker, as you call it'll don't understand those
sporting terms-is in j.; but if You read it care
fully you will discover that there are some
things in the new that are not in the old CODE
and 1 would advise you TO be particularly
searching in your effort TO find the word if
in the first sentence OF the new law regarding
priZe-hghting"
I went to the Office of Secretary of State
Maybe and saw the original document itself,
signed it is, by the officers of the State whose
business 1t is to certify to the correctness of the
law as passed by the last Legislature. 1t did
not take long to discover the significance
OF Mr.. Cranes remarks about the striking out
of ffm." With 'if' IN the first sentence the old
law meant nothing. There are other changes.
some in phraseology, some in punctuation,
some in the striking out of sentences. Although
no amount of questioning could change Mr..
Crane from his determination not to give ex-
preston to his opinion of the law as it now
reads, 1 have no doubt of how he stands. If
the courts don't uphold the statute l think he
will be greatly surprised.
have high authority for stating that Stuarts
lawyers are not aware that "lf, has been
stricken from the statute. The Dallas pastors
are likely to leave no stone untufned to pre-
vent the fight. The fact that the law has been
changed has been kept profound secret, the
Acknowledgements letter TO the Rev. Mr.. Car
roll being the first intimation that the codifiers
had touched that section of the code.