The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-10-10

II Inc payment of the specific tax here
IN provided for shall be required by the
collector OF taxes to be made before any
person, nrm or association of persons.
snail be allowed to engage in any oc.
cupatlon requiring license under the
PROVISIONS of this law, this payment to be
Ilaue Tor q period not less than three
months" Or. S., Art. 5054.)
The comptroller shall cause occrpa-
ton tax receipts for each occupation to
be printed, with his signature, for all
occupations, payable to the collectors,
annual receipts for those that are paid
annually and quarterly receipts for all
5055.) '
| OccupatiOn-'The employment to
which a man chiefly devotes himself;
| business; trade; calling; vocation. The
occupation of printer, etc."
so the plain import the letter and
spirit of the law on which the plaintiff
relies, intend to and do require the I'll
censing" of any person, firm or associa-
ton of persons who will pay the revenue
the blood money-required to pursue
the occupation-the business, the voca-
tlon-of having fight between man
and man" and the shortest period for
which, il. seems, this occupation" this
calling" can be so licensed is three
months. Within that time many such
performances" could be had to crafty
the depraved feelings of the great army
of thugs whose scent of blood draws
them hither to swarm around the arena"
in Texas.
Will the inalienable right of the people
to have public morals protected to have
disturbances of the peace prevented, to
have human lives preserved and their
constitutional demand that dueling shall
be prohibited, permit the continuance of
such law by their highest court?
The common law prohibited and pre-
vented prize fighting on the ground
that they were breaches of the peace
and could not be consented to. REX
VS.. Perkins, 4 Cor, p. 537)
(See also Commonwealth vs. Barrett,
los Mass, BOP; Bishops Criminal Law,
35, 260)
In most respects license" is a con-
tract and it is automatic in law that a
contract which contemplates the com
mission OF crime, or which if commit
ted involve the parties in crime, is void.
(Greenwood's Public Policy, 2O7.)
And it has also been well said that:
IF contract binds the maker to do
something opposed to the public policy
OF the State or Nation, or conflicts with
the wants, interests or prevailing senti-
ment of the people or our obligations to
the world or is repugnant to the morals
OF the times, it is void, however solmenly
the same may be made" Greenwood
on Public Policy, rule 2, page ~
And again it has been appropriately
announced that: 1T is the duty of all
courts of justice to keep their eye stead
lily upon the interests of the public, even
in the administration of communicative
justice; and when they find an action
is formed upon claim injurious to the
public and which has a bad tendency,
to give no countenance or assistance in
foro civil. Crawford VS.. Nick, 8
Ohio St., 100, 204.)
Better still it has been said that:
Sound morality is the corner stone of
the social ediice and whatever disturbs
it is condemned under the fundamental
rule" stamford VS.. Allen, DEMO,
Government was instituted for the hap
piness Of man and to promote social or
der. His aggressiveness, pugnacity,
greed and domineering spirit al
ways kept him at war. flights
between man and man were the
disturbing elements that played
havoc with the weak and unprotected.
The written and the unwritten, funda-
mental, inalienable, inherent, guaranty
of every government of law instituted for
the benefit of the people is the protection
of life. 1t can not be taken Except by
due course of the law of the land A
license to fight" which carries with it.
without restraint of law, the right to in
dulge in that Occupation" -pursuit-
vocation-in all the degrees and grades
of the business" from an affray in
which plugs" may spend their physical
force to a duel at which gentlemen"
may display their courage, can never be
tortured into 'due process of law
one of the fundamental bulwarks of
civil liberty. We do not doubt the con-
stitutional authority of the legislature
to license purely statutory offenses, or
those acts that may be called "mala
prohibita," for the courts have~so held.
In this class may be included horse rae
ing, playing at pool, ten pins, and other
acts that may not be of themselves
wrong, but become so by abuse and statu-
tory prohibition. Suppose the legisla-
ture should license men to steal" or to
commit "adultory," or to ":kill' in viola
ton of the Ten Commandments
High Chart of Good would
any court agree that they possessed that
authority? Would not the act strike the
death blow at the heart and soul of civil
institutions? We venture the assertion
that no respectable authority can be
found that has even taken contrary
view of the question fairly presented.
Again, we contend that if ever the law
under discussion was valid, it is yet |
valid. for it has never been expressly re-
pealed nor is there such fatal conflict |
between it and any subsequent laws as
to require the court to declare it an |
nulled by implication. Analyze it and |
it with the act of 1891, and also |
with the one adopted last week by the |
legislature, prohibiting prize fighting. AS
said before, one is an occupation tax |
imposed on the performance of light |
man and man" There are no
restrictions or limitations upon the per-
Torrance. 1t may be for public amuse-
ment without pay; it may be to crafty
revenge under the protection OF an oc-
cupation tax; it may be, not for prize
Or reward, not for admission fees, or on
which any money or thing of value is
bet or wagered. 1t is simply an occupa-
tion licensed by law in which all citizens
nav indulge by simply paying the license
fee. -
Now. how is it with the law of prize
fighting? To violate this law, several
nets must be committed: First the
Darties must voluntarily engage III a
Dugilistic encounter between man and
nan. il is not necessarily fight. Sec
md this encounter must be FOR money
1r other thing of value or, third, there
mist hc money or other thing of value
bet or Wagered on it's result; or, fourth,
- 60 ,,-b;cb on admission fee is charged |