The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-10-12
GUARANTEE THE MILL
Hot Springs People Are Sure OF
the Fight.
They Post a $4,000 Guarantee
to That Effect.
IN SPITE OF CLARKE.
The Prize Fight Law Was Not
Properly Passed.
Can't Call Out Militia for
There is None.
IN SPITE OF CLARKE

LITTLE Rock, Ark, Oct. 12-Governor
Clarke's letters to Judge Dutie, Sheriff
Houpt and Dan Stuart, together with his
telegram to jim Corbett and Bob F'itz-
simmons, which were given to the pn0-
lie last night, are the subject of much
discussion here today
Ever since the Florida Athletic club
changed its base OF operations from Dal-
las to Hot Springs the public has been
on tip-toe for some official
utterance on the subject, but as the days
passed and no word came u great many
people came to the conclusion that the
fight would be allowed TO proceed with
cut Interference rs it was generally un-
derstood that the local peace officers At
Hot Springs were favorable TO the enter
prise and Governor Clarke had more
than once expressed his confidence in
their ability to preserve the majesty Of
the law, it being inferred that the pugil-
lists would be arrested and fined after the
contest had taken place.
The sentiment here and at Hot Springs
is overwhelmingly in favor of the CON
Test and even after the opposing element
and some of Gov Clarke's political
enemies began clAmor against it, few
people really believed that the contest
These letters published this morning
have therefore created a gteat sensation
and the public is eagerly waiting to see
what effect they Will have on matters at
Hot Springs aud what the next move
Will be.
1t is well bnown here hat personally
Governor Clarke is not violently opposed
to the proposed contes', He is quoted
as having said recently that seven -ienths
that twO-tenihs were ind 1Terent in the
matter aud that all the clamor raised
against it came from the other tenth
part of the population.
When Judge Dufie brought tine mat
ter to the governors attention in an off
cial way, however, he was obliged to
act. and ne at once began close
investigation OF his authority in the
premises which resulted in the letters re-
ferred TO- These letters would seem to
put quietus on the whole matter, but in
investigating the law Gov. Clarke mas
discovered legal tangle that may result
in giving the fighters an unlocked for
advantage.
While examining the law relating to
prize fights, the discovery has been made
that the act Of 1891 making prize fight
ing felony was never PASS
ed The trouble was that the
Two houses could not agree on the
bill and it was sent to d conference com
miitee, and when the report was present
ed to the house it was adopted simply by
viva voce vote, the ayes and noes not
having been called.
As the law of 1898 sought to amend
this act, it would seem that there is no
law on the subject of prize fighting in
this state The law relating to
rios, unlawful Assem- blages, etc.
confers extraordinary powers upon
the governor. and could perhars
be brought into requisition to cover the
case should the governor deem it neces
sary TO go to extreme measures.
BY this law the governor is authorized
to call out the militia without waiting for
request for assistance from local author
tiles, and is empowered to expel with
force all disturbers Of the peace.
In this connection, it is an interest
Ing fact that since the legislature re
fused to appropriate money for the main
tenance of the state militia. nearly every
company of citizen so diers in the sta,e
has disbanded. This more enthusiastic
advocates Of the contest have not los.
confidence in the Hot Springs commit
tee and believe that the match will vet
be brought off on schedule time.
Attorney Martin is considered to be
one Of the best attorneys in the state. and
acting upon his advice the Hot Sprinqs
COMMITTEES posted a $4,000 guarantee
that the fight would be brought off suc-
cesstully. Had there been any possible
doubt in the matter those who know
Mr Martin say the project would never
have been attempted.