The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-09-27

| " that COrDetl was III SipCiiUiO Cohul-
ton and would show UP al the ringside
as good as he has ever been seen under
similar circumstances.
REFUSE TO ISSUE LICENSES.
County Office rs in Texas Refuse to Diser
gard Hurts Decision.
Austin, Tex, Sept. 2e.-The tax-col-
lector of McLennan county, in which
Waco is situated, and Hayes county,
in which San Marco is situated, and the
next county to this, applied to Control
Ter Finley today for prize fight licenses.
Dallas is in neither OF these counties,
but the applications have been made TO
precipitate test case. Controller Fin
ley refused to issue the license on the
opinion of Attorney General Crane, is
sued today. holding Judge Hurts opin-
ion rendered a Dallas is in error. Crane
says he cannot understand how it is
possible for two conflicting provisions
of a statute in para materia, enacted at
different times, to be in force at one and
the same time. Therefore Judge Harris
suggestion that it must refer to two
statutes in force at the same time,
though conflicting, is not supported by
any logical reason. The attorney gem
eral further advises the non-issuance of
the license on the ground that it might
well be doubted whether the statute
was not always void in that it was con-
trary to public policy, if not the consti-
tuition itself.
IF you license man 10 fight-that is
to say, a fight between man ana man
the statute" Mr.. Crane says, docs not
give you the privilege of saying wheth-
er the fight snail be with bare i1nuckles,
with gloves, with KNIVES, or with pis-
+nI nd hey n !, ~ oh n
fight They are chartered libertines to
that extent, and 1 presume they ought
20 be permitted to select their own
weapons and to fight in their own way"
Tonignht it is learned the controllers
refusal to grant license will develop the
last play the state has to make in this
fight question. The tax collector of
Hayes county mandamused the con-
troller in the supreme court this even
ing and thus brings the matter Of law
up for another consideration. Asso-
ciate Justice Denman is the only judge
here to pass on the question at present.
Many believe he will refuse the man.
damus and issue an opinion directly
contradictory to Judge Harris opinion.
In case he does a fine legal problem will
be presented as TO which judges opin-
ion has precedence and is final. If
either is final without a full bench, all
other plans will be given up and the
state will fight the matter out on this
mandamuS issue.
Considerable comment was OCCASION
ed today over an interview with eX-
Congressman David CulberSon, father
of Governor Culberson in which he says
his son, the governor, has oVerreached
himself in this fight matter and will
have to take back water; that he must
obey the courts like any one else when
the law is passed on. The interview
has occasioned much excitement.
In addition to this there was consid-
cradle speculation rife today over the
fact that a delegation of citizens was
cIoseted with the governor all day talk
ing prize fight.
Dallas, Tex, Sept. pa statute pro-
viding for an injunction to prevent the
commission of a felony or misdeamean-
or was enacted by the legisla ture two
years ago, but the commissioners who
codified the laws last winter left the
statute out of the code. The ignoring
of an injunction is a contempt of court
and the extreme penalty in Texas is
fine Of 500 and three days imprison-
ment Therefore it would cut no figure
if the governor would enjoin the fight
The worst the governor can do will be
to cut down the attendance by his
threats to stop the fight.
The big building for the fight is going
up as rapidly as 800 mechanics can
build it. Up to toninght 100000 feet Of
lumber have been used in the construc-
ton. President Stuart tonight says he
will have the amphitheater completed
by Oct. 10 if he has to employ 1000 car
penters the last five days, and that is
what he will have to do. Notwithstand
ing every assurance to the contrary,
many people in the north and east still
have doubts as to whether the fight will
be pulled off here. and President Stuart
believes pushing the building to compile
ton far in advance of the fight will con-
tribute to the removal of the misgivings
of the people at a distance. Nobody
here doubts the fight will come off.
President Stuart has always declared
that when the time come to choose
referee he intends to have say. Or
iginally either Duffy of New Orleans.
Siler of Chicago, or Austin Of New York
was the choice. But the Corbett-Brady
people object to Duffy on the grounds
that he is hotbed of Fitzsimmons par
tisans and would be prejudiced, and for
some reason not given here they do not
want Siler On the other hand Fitz
objects to Austin and kicks for four or
five referees, one to be referee and the
rest judges Stuart says he is not go
ing to have any monkey business with
a plurality of referees, that the princi-
pals will have TO agree on man. Stu
art says several western men have been
suggested to him as suitable referees,
but he has SO far mentioned none of
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