Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1895-09-19
1T TOOK BOTH WAYS.
SOME WE'RE PLEASED WITH pE-
CisioN AT AUSTIN, nut oTu-
ERs WE'RE pIsPLnAsnp.
Many Now Wonder II the Governor
win Call Extra Session ON
That Account.


Governor culberHon was asked today
what action he proposed TO take In
reference u the law Of prize lighting
In view or the decision OF Judge Hurt
rendered at Dallas yesterday, and In
reply he said
I'm controverted cases the constltu-
tlon contemplates that the executive
shall act upon the opinion OF the attor-
ney-general. The alternative and only
other binding authority Is n decision OF
a court OF last resort The opinion OF
n single judge. especially where, an
here. the state has no appeal. though
member OF such court and however
much respected. settles nothing but
the particular case decided This Is
obvious, because so far as may be
known a full bench might hold differ
entity This Ia proper to determine the
matter. and thus determined the law,
whatever It Ia, will be enforced, as 7
have stated from the beginning.
"In the absence NJ decision OF n
court OF last resort or concurrence
of a majority OF the judges OF such
court that prize fighting is not Illegal,
the proposed fight at Dallas shall not
take place II enough men can be found
10 execute the law, OF which ! hive no
doubt. My constitutional duty, with
which only am concerned, will be dis
charged. II those who nre sponsors
for the proposed prize fight, denounced
as brutal by Judge Hurt, are sincere In
the belief that the people OF Texas
have not prohibited It by law. they can
easily have the question determined by
one of the courts OF last resort"
The news OF the result Of the Dali
las habcas corpus case was re-
oeiyed here late yesterday after
noon and was much comment
ed ON 1t was disappointment TO
some and was what others expected.
The question asked on many corners
today is. will the governor call an
extra session to pass a prize fighting
law" | met Judge Nam Ward and
Colonel o. II. Morrison, two leading
members OF the last house In the cor
rldors OF the capital this morning
Each expressed himself as against
prize fighting and hoped that the chief
executive would call the legislature to-
gether for the sole purpose of passing
IN nnti-prlze fight law. Colonel Nor
rison said that II could be called on 0
very few days notice and the law
could be passed In thirty-slN hours
after the legislature was convened. The
| chairman OF the finance committee IN
the last lower house thinks that nine
out OF the ten representatives woult
vote for such u measure and ther
Messrs. Corbett and Fltzsimmons would
be compelled to turn their faces to-
ward another land.
Referring to the charges made
against Governor Culberson, that h
had rendered an opinion In 1894. as at
| torney general. holding that there wa
no law against prize lighting, the let
| ter on the subject written to the at
| torney general on May ~, 1898, was re
! ferred 10 the comptroller's department
] A similar letter was directed to Comp
| troller Mccall, In which the sheriff
| and Collector Cunningham demnndet
a ruling from the department In regarf
10 the payment OF occupation tax II
| certain cases. Then the inquiry wal
/ Il0urs lOulu lfANtlAHk COMPANY
come to Abilene and give perform
| ance. and by giving certain per cen
| OF the proceeds to some charitable
purpose keep from paying an occu
patton tax. The letter read that tbs
/ military company OF Abilene had som,
parties there giving glove contests
/ ut their han. and were charging IN
usual price for admission. and az thel
| claimed 10 give certain per cent u
the military company the collector
was not sure that he should collect ~
occupation tax from the company, nn'
he also wanted TO know what clas
would q contest OF the kind would conn
under-sparrinR and wrestling. an'
would II be an acrobatic performance
Comptroller McCalls reply was date'
on the oath OF May, and acknowledge
receipt Of the letter relative TO whethe
or not the military company of Abb
| leue giving glove contest IN thei
hall for which they charged the usua
price OF admission would be liable FOL
an occupation tax, and the collector
was advised that the company wa
liable for the occupation tax OF alV
The comptroller called the collector
attention to chapter 81, page 20. LAW
1883. which read; 80 for even
menagerie wax works. or exhibition
OF any kind where a separate fee 70
admission IL demanded or received
ten dollars for every day on which
/ fees for such admissions are received
| The comptroller concludes by sAyini
that from the above the collector
would see that the military COMPANY
mas ia Hl.. fot. the areuUQflOu tax