The herald., 1895-07-15
Laws of Texas Against Corbett
and FitzsimmOns
RACE FOR A SILVER TROPHY
The Defender Behaves Well During Her
Trial Trip at Newport
The vigiIant 10 Beaten . Couple Of Times by
the Yacht Baseball and Other
Sporting Notes
Associated Pres, spec,al wire .

Associated Press Special Wire.
AUSTIN, Tex, July H.-Attorney
General Crane today gave out his opinion
in the Corbett- -Ftzsimmons fight case
from Dallas. The opinion was in reply
to an inquiry from the Dallas county at.
torney as to whether the law enacted in
1891 prohibiting prize.ighting was valid
anu operative. It was held by some OF
the best lawyers in the state that the law
was imperative and invalid because 1t
denounces the offsnse as felony and
atfixes there to the punishment OF MIS-
oemeanor. and further. because the act
was so indifferently framed and is OF such
doubtful construction, considered either
by itself or in connection with the other
provisions of the written law, that it can
not be understood. Further. the legisla-
tufe, in adopting revised codes. carried
into the civil code the act 1889, which Ii
censes prize-fghting, and that the civil
code. with these provisions in it, was
finally passed at time subsequent to the
adoption of the penal cooe, in which Is
incorporated the statute prohibiting prizes
fghtine. and that therefore the statute Ii
censing prize-ighting by implication re-
pealed the penal law on the same subject
which was previously passed.
The attorney general in mis- opinion
takes the opposite view. He holds that
the law of 1891 was and still is operative.
The attorney general contends that ac-
cording to the intention OF those who be-
lleve that the statute against PriZe-hght-
ing is void on account of its declaration
that the crime is a felony and the pun
ishment of misdemeanUr is applied
thereto, the statute would be perfect if
the word misdemeanor could be substi.
tuted for the word felony.
Following the doctrine announced in
one of our court decisions. namely:
THAT the decision of the question con-
trolls the express language in the construc-
tion of statutes. the court was at perfect
liberty to eliminate the word felony. II
such elimination was necessary to give
effect to the legislative intent. 1t must
be plain that the court believed that the
intention of the legislature was to pro-
hibit prize fighting. If the court further
believed that the fact that the Legislature
affixed the punishment OF q mlsdemeanor
to the offense of prize fighting and the
word felony was inserted by mistake it
was at perfect liberty to disregard that
word in the construction OF the statute.
"Further, the validity of the act in
question is not affected by the revision
of the code. The civil code passed the
legislature before the penal code did and
not afterwards. But Notwithstanding all
assertions to the contrary, by reference to
the new revised code, it will be seen that
it specifically states that all laws embodied
IN the revised statutes which were in
existence at the time of its adoption
should be considered to be continua-
ton not as new enactments.
This law being valid, it is the duty OF
the sheriff of Dallas county to see that it
is enforced. He has the authority and
we will look to him to see that the law
is enforced.O ~