Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1895-10-16
THE PRIZE FIGHT LAW
Avn THE MANNER OF IT'S PASSAGE
THOROUGHLY EXAMINED AND
CRITICISED.
,,herai citation of Authorities on
,ne Legal and Constitutional
Aspect Of the Case.

The following OPINION On SUING VI
the points in the now famous prlze
~, i,yislation has been furnished by
hs"' - a.,orra,, Tnp,ea &
assistant county
Davis:
. In view of the fact that public at
IT,, t,, for some time been direct
sen'''' ~ ,.,a.,, ,r,.,o ogbt ha
Ted TO the coh'eihp'a'eu ~ "'0
Tween Corbett and Flt2slmmohs, AS
rau as TO the action of the author
w" ...,..,,,, 60 nravant II IL
tles III .,,
4probably would De OF INTEREST W '"'
< hubble to know the exact status or the
oorcerniny the question.
|'u" '' -, - A. ,a.
When the matter Is sl'eu ~ '"e
8tom, the wheat separated from the
S,hoN and the true condition of affairs
,,.,, 4, nav vveli he asked
Us uhue'S'O'i ,.,. a.,
M the conVenlng OF the ieBls'a'u'e ia
Extraordinary session at q vast expense
4 ,ha stota nv reason of the decis-
~ "s -. 90 o,t,,-
bon or Judge hurt VI 'he 'ON''
"A nal appeals adverse to the prize nght
1act, was much ado about nothing.
81 As 4 matter OF fact 1t might also De
3puestioned whether an emergency eN-
4stel TO authorize the legislature to
mass the recent act concerning prize
Nights under suspension or the RUE
Requiring bills to be read on three
feveral days and providing for the
going into effect from and after us
tcDassage, of the act In question: ana
n 90 whether the emergency mem
tloned By the legislature, viz. that
there was no adequate penalty against
/, iirzc fights was correct. But inasmicn
Ds the supreme court of this state In
11he case Of the Day Land and Cattle
|21Ompany vs. the State, southwestern
D. kan
Stature Is to Judge as to whether the
*tmergency exists, and that the courts
tannot go behind the action OF the
Legislature and inquire into the mat
<3er," il ls well to dismiss the question
zzylth the statement that It has here
23tofore been decided in the English case
IN Regerla vs.. Coney, CIR. law. Mag,
IStI; and in the American case of Conn
lnonwealth vs. Goldberg, ll9 Mass, 3ol,
IA that prize tights are assaults WITHIN
T 1he meaning of the criminal law. and
that 1t doesn't alter the case that the
+ parties thereto consent to the assault"
Z. 9'hls being true the acts of the parties
.Ifo the proposed prize fight would when
2 Zone have amounted in law to an ag-
4 {rayated assault for It would have
~ Deem committed with "premeditated
. teslgn' and even might have pro-
't1uced SERIOUS bodily injury" and for
{ ouch an act our penal code provides
n M adequate penalty; and should death
4,gult from such an encounter IT might,
y according to the circumstances.
- mount TO either murder, manslaught-
"a or negligent homicide OF the second
T. 1egree, for which the law also pro-
EW Another nnsstinn that nresents itself
III, was the decision of Judge Hurt cor
pct IL his conclusions were correct,
Enough arrived at In the wrong way.
~ Will suffice; but We're they even cor
iscusslng the matter in a manner
ecoming the importance of the ques-
on, and the dignity and eminent posi-
on OF the able jurist who rendered the
pInion.
That the decisions of the supreme
hurts Of the United States. New York
hd California. to which Judge Hurt
fers as authority for his opinion,
L. hen considered with reference to the
Arious constitutions under which they
ere rendered, are correct, may be
Emitted; but 1t does not necessarily
low therefrom. that Judge Hurts
neiuslons are also correct.
81, Those decisions simply hold that
EENhen the prsident of the United
ates and the governors of the states
Nh law they perform LEGISLATIVE finc-
pms, and are then n component part
the law making poyer"
He might also have cited Uardee VS..
I'm, SEQ ios 9V3i a',u ~, Just
III But It Is not held Inv these author
es that when The qnvernor neyI.c,s
I'm approve n Lave or "disnnnrovesu a
Nv that he performs legislative fnpc.
Wns
UIIWhen the povarpo,. onnro,,as n la,v
4ere Is then a cnnc,,rraroo 81 h"tp
Ho leglslafIve ard a,.an,,,i,, w., Vt pHtm
W the eovernn,a,t ~ NJ prn i,..a',s
tHnlcient saw Ir5 mnu tnis Is hI"sys
IMse OF Rowan 81 ~ az. nv,
Wa make :. e1 9,,' u N, :, OF,
N13ch a casa law me governor IN
xekinr no,yo,. as part OF tne Jaw
oassinsH az "eSause ne aus IN the
fEH the soii may become law
thout H. "ct OF the legislature and
k.1hor ss a ae,d TVncuTrenee OF me gov