The Wichita daily eagle., 1895-07-09
THEY DIFFER SOME
OPINIONS ON THE TEXAS ANTI
PRIZE FIGHT LAW.
Judge Clark and Other Authorities Hold
the Law Unconstitutional and. In Fact,
that to all Intents and Purposes there Is
no Such Law-Attorney General and
Comptroller Wiley are of a Different
Mind-Test Case Already in the Courts
Sale of Tickets will Begin Wednesday
Pugilistic and Racing News.


Dallas, Tex, July S.-Judge George
Clark Of Waco has submitted an opln-
ion as to the legality Of the proposed
Corbett-Fitzsimmons glove contest.
The opinion is very exhaustive and
lengthy. His conclusions are:
First-That the original act of 1891
was wholly imperative.
Second-That when its provisions
were re-enacted in the penal code of
1895 it was still imperative for the
want of some court to try the offense.
Third-That the law was repealed by
the revised statutes, which go into ef-
feet September j, 1895.
Fourth-That there is now no law
upon the statute books Of Texas pro-
hibiting pugilistic encounters and that
upon a payment or tender of the
tion there is no lawful power in the
state under present laws to interfere
with the exhibition.
Judge Clark gave the matter at is
sue careful study and patient research
and his opinion is most sweeping.
Austin, Tex, July S.-Attcrneys rep
resenting the Dallas management of
the Corbett-FitZsimmonS fight called
on the attorney general today in ref
erence TO the constitutionality Of the
law prohibiting prize fights in this
state. They had written opinions from
Hon. George Il. Clark Of Waco, and
Hon. William Crawford of Dallas, hold
ing that the law was unconstitutional.
The attorney general will hear argu-
ments from the gentlemen tomorrow.
The opinion is that he will hold to the
law until the supreme court declares
it unconstitutional.
Attorney General Crane is known to
have expressed his belief that the law
is perfectly sound and that the Cor
bett-FitZsimmons fight will never
take place in Texas. Comptroller
Wiley in refusing a license TO the pugil-
lists, is understood TO have acted under
the attorney generals advise.
With such a conflict of opinions, the
outcome Of the prosecution of Cava-
naugh and Bright Eyes, two local fight
ers who met at Galveston last week.
will be watched with unusual interest.
II is likely that the Florida Athletic
club, through Dan Stuart of Dallas,
will employ the best lawyers in the
the decision will rest thousands and
thousands OF dollars.
Dallas, Tex, July Sat the head
quarters Of the Florida Athletic club
the sale Of tickets for the meeting be-
tween Corbett and Fitzsimmons will
begin at 10 a. m, Wednesday. The
price of seats will be as follows: Box
with five chairs, 5000, or $40 a chair; re-
served seats 500; general admission, So
The sales of seats will begin in New
York, St. Louis and other cities as soon
as copies OF the diagram can reach
them.
abbott knocks Duke Out.
Boltimore, July S.-Stanton Abbott
knocked Bully Duke out IL the eighth
round at the opening tonight of the
Seaside amphitheatre of the Eureka
Athletic club.
Murray VIII Fight Anybody.
Boston, July S-Henry /. Murray of
Baltimore, is here. He has posted for
feft to fight anybody at 120 pounds.
MIIwaudee Races.
Milwaukee, Wis, July S.-Buck Mas
sic did not start in the Pfister hotel
handicap today and it was an easy
victoy for Diggs with Montepenso Sec
ond. The horses ran well. Attendance
l,500. Summaries:
First race-Aiile, S-year-olds that
have not won races this year. of value
of $1,000; purse, s40O: Medeline, to l..
won; Verdi, 10 to /, second; Lucy Bell,
3 TO I, third Time, 1881.
Second-Five furlongs for 2-year-old
fillies, purse $500: Fay Belle. to ],
won: Hester, to 5, second; Irene
Woods. Is to 1. third. Time, 1:o21k.
Third-Mile and a quarter, selling:
Florence p. even, won; Miss Young. 4
10 1, second: King Bors. to /, third.
Time, 2:0S.
Fourth-Hotel Pfister handicap,
worth $3.50 TO winner, $50 to second.
and s120 TO third, for 3-year-olds and
upwards: Diggs, to 5, won: Monte
penso, 3 to l, second; Fullertin Lass,
IL 10 l, third. Time, 1:4i5.
Fifth-Mile. selling: purse $500, for
s-year-olds and upwards: Empera,
to ,. won; Zaldivar. 4 TO 5, second |;
Weaverman, 20 TO /, third. Time. LAS.
Brighton Beach Races.
New York, July S.-There was one
good race at Brighton Beach, for the
finish in the fourth event. which was
close suit anything. Weinberg, the
favorite made a stubborn fight but was
beaten by Rey Del Carreres. Wern-
berg got second place by an eye lash
from Sir Excess. Summaries:
First race Mile-Aurelian. - to /.
won: Charade. 10 to l. second; Daily
America, 3 to ., third. Time, 1:44.
Second-Five furlongs, selling: Lam
bert. to 8. won; Little Dorrit, Z TO 2,
second. Nenetia, ( TO 1, third. Time,
1:04.
Third-Hilf mile: Perseus, s to 1,
A D--rx