Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1895-10-03
SENATE JUDICIARY COMMITTEE
Dan stunrCs Representatives Make
Their strongest Arguments.

Their strongest Arguments.
Austin. Tex, Oct. 2.-CSpeclal)-
Senate Judiciary committee No. 2 met
this morning at . o'clock and heard
arguments from Mr.. w. +. Ellison.
Dan stuart's attorney, and eN-Gov-
ernor Barnett Gibbs. Mr.. Ellison OPEN
ed the argument, prefacing his re-
marks with the statement that he did
not believe prize lighting brutal or I'M
moral. However. he said. law which
under some circumstances may be the
embodiment OF Justice may be extreme.
ly unjust under others. The proposed
bill IN framed, he said, for preventing
the fight at Dallas, and Is emincntly
unjust and unconstitutional, for the
reason that Mr. Stuart. acting under
the faith OF existing laws as interpre-
ted by his counsel, entered Into com
tract involving some $4,000 Further
than this, he said thousands OF dollars
had been expended by Dallas citizens
since Judge Hurts decision In pre-
parntion for the legal fight as was de-
olded that was to take place. Numer-
Gus contracts had been made, he main
tained, In the state In the faith OF the
existence OF no legitimate impeachment
to the hght He had gone TO extra
expense in preparing for the immense
concourse that was expected there.
Stands have been erected, he continued.
and private boarding houses hnd gone
to expense In the expectation OF nc-
cummodnting the crowd. Il know"
he went on to say, the opposition VIII
say that the constitutional pro-
vision forbidding laws lmpaiiing
the Obligation OF contracts does not
here apply, rs that was not intended 10
limit what is known as the police
power VI the state THE fact he
continued that the law licensing such
contests did not exist Is admitted By
the governor when he convened the
legislature TO pass this proposed meas
TIRE. Now" he said, 1T Ia proposed to
pass this law. which win impair the
obligations OF legal contracts made un.
der existing laws This law IL aimed
everywhere 90 uudcrs toad He mHln-
talned that the governor issued what
he denominated "a warming" saying
that he would nt all events enforce the
law, and to this end we had no Obiec.
tiOns. believing that tho was with
us. This view OF the case" he said.
was fully justified later by tho nblc
opinion OF Judge Hurt. the chief justice
OF the court OF criminal appeals" The
case lac contendcd, by Judge Hurt de-
cldcd, was q test case almost identical
in lta nature with the one that would
arise II the governors Views obtain
and the fight came on. In his call. Mr.
tlon TO the decision OF the chief Justice
In this case and through his whole
message can be seen his Intent to stop
this particular proposed fight There
has been. he asserted. 200 prize
fights IN the state this summer. and
nobody has heard a murmur, but the
Corbett-FitZslmomns nght raises n
howl OF course, he said this law Is
framed in general terms bus recent
events prove unquestlonably that IL IL
aimed especially at the Florida Ath-
letic club. He said that he had not
read the bill itself, but presumed Il
was framed In general terms. lie then
read 10 the committee a California case
In which the question for a decision
was the constltutionallty OF a certain
ordinance known as the cue ordl-
nance" pursuing the same line OF ar
gument on this phase OF the case as ex-
Senator w. II. Pope before the house
committee.
Senator Sheriff. desired to know II
the case decided By Judge Hurt was
merely a test case. and II Mr. Ellison
and associate counsel 80 knew,
Mr.. Ellison replied. saying that the
case Itself was genuine one and not
heutious one, but that In view OF the
eject the decision would have upon the
proposed fight, he and Colonel Craw-
FORD had taken part voluntarily for the
purpose Of testing fully the inertia Of
the question. He said they took nd.
vantage OF the Clark -Caynnnugh case
IN order to test the law, and was NOT
ashamed OF his association In the mnt-
ter.
Senator Colqultt wanted TO know
VINO composea the Florida Athlete
club, and II 1t was u private corpora-
ton.
Mr., Ellison stated that Mr.. snort
was the president and treasurer. and
practically the club. lie did not Know
,he hannes OF the other members, but
they could be secured II desired.
senator Col1ultt then wanted 10
Know II the club had applied Tor n
license TO do business IN tho atnto, 10
Whleh inquiry MIR, Ellison made n
negative answer
Mr. Ellison remarked that he might
be talking out OF church. but thev
had done everything possible to get a
hearing before full bench.
Senator Lewis wished to know why
they did not make application to The
fun court
Mr.. Ellison replied that the court
was not then In session. aud would MOI
DC Tor some thirty days. during which
Time their clients must languish IN
Mr. Ellison here concluded his nrgu.
mont, and ex-Gov. Gibbs made a few
remarks, saying that from past cxpori.
ence In the senate he had learned Tho
value of few words with senator's
lie had learned more about tile Florida
Athletic club and prize lighting In n,
last Few minutes than he ever before
knew. His encounter had nlwlys heer
win MS bare lists ana n rough AMI
tumble analr. with no reward snye 4
| distigured oOuntenance.
He agreed with Mr.. Ellison that
Judge Hurts decision was imprcgna,
pie anu authoritative. and pure cues
tion Of law. The talented Dallas bru
| nettc statesman said that from hIg OK
/ perienee IN the senate the emergenc,
had always been carefully considered
ana rarely applied TO criminal laws
| That there was but few Of these erin
maj laws on the statute books wifi
such emergency clauses He did no
think that such a grave and lmmlnen
/ peru threatened the state as woul,
warrant an emergency clause.
| The Dallas brunette statesman wa
Interrupted by Senator Sheriff., VIII,
wanted 10 Know how 1t was that
man could reconcile his vote ngalns
the emergency clause, IL he believed IN,
onense grave enough to be made ,
felony. and then TO give ninety dny
Tor man to commit the felony. Nh
ex-leutenant governor responded Tin
y was not a felony per SO. like ti,oe
IN the ten commandments. The aenp
tor from Hunt tsherrllD then reInarkel
that the ten commandments did no
provide any penalty for their viola
YES. they did" responded Go,
gibbs, they provided hell FIRE an
aamnation. and thats more than III
Iexns legislature can lnnict." he quicl,
Ials