The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-10-20
CHANCELLOR LEATHERMAN Dis
CHARGED CORBETT FROM
CUSTODY.
SIGNIFICANCE OF THE RULING.
GOVERNOR CLARK Is DETERMINED
TO USE THE MILITIA TO Pre-
VENT THE BATTLE.

HOT SPRINGS, ARK, Oct. 19.-Locally
the mooted question as to whether
the glove contest between Corbett
and Fitzsimmons can come off at
Hot Springs has been settled, and
unless the Supreme Court should re-
verse the judgment and decree of Chan
cellor Leatherman the men will meet in
the roped circle in Hot Springs at the
time the Florida Athletic Club may decide
to set. Chancellor Leatherman, after
hearing testimony, this evening rendered
Judgment essentially as follows:
"Article V, section %, of the constitu-
ton provides that every bill shall be read
at length on three different days in
each case, unless the rules be changed
by vote of tWo-thirds of the
house, when the same may be read
a second or third time on the
same day; and no bill shall become law
unless its final vote be taken by ayes and
noes; the names of the persons voting for
and against the same to be entered on the
journal and a majority of each house be
recorded thereon as voting in its favor"
From Rose constitution of Arkansas he
quoted the decision of Smithee VS.. Camp
bell as follows:
ga bill was passed by the House Of
Representatives and was sent to the Sen
ate where it was amended and returned to
the House. The House rejected the
amendment and returned the bill to the
Senate. The Senate receded from the
amendment and returned the bill again to
the House. 1t was then enrolled and
signed by the officers of both houses and
approved by the Governor, was declared
not passed and the act was void.''
In view of the authority of that de-
cision and the constitution" said the
Chancellor, ~ shall hold that the bill did
not constitutionally pass. The court finds
from the evidence in this case and the tes-
timony of witnesses that no prize-fght is
contemplated, as explained to the court,
but that a glove contest is contemplated
with five-ounce gloves for limited num-
Der of rounds, provided another party who
has not yet signed this agreement Will
sign the contract as one of the principals;
that the contract has not yet been made; ;
that the original agreement to have a
prize-fght or a glove contest to finish mas
been cancelled and that no agree
ment TO that effect now exists;
that a contest with gloves under
the evidence in the case is not dangerous
to human life, and the parties are not
liable to infict serious injury upon each
other; that it is less dangerous than most
OF the sports that are permitted in the
State, such as baseball, horseracing and
football. The court holds that the contest
is legal. The court finds that prize-f fight
ing is brutal and an offense at common
law that party engaging in a priZe-fght
Will be guilty of a misdemeanor at COM
mon law. The writ of habeas corpus is
granted and the prisoner ordered dis
charged from custody"
This judgment is comprehensive in its
contemplation, and is an absolute declara-
ton of the invalidity of the legislative
acts of 1891 and 1898. the first making prize
fighting and glove contests felony, and
the amendment act of 1898 misdemeanor
punishable by a fine of from $1,000 to $500.
Corbett is at liberty, and preparations are
in progress for the great contest that
shall decide whether Corbett or FitZsim-
mons is the worlds champion boxer in a
bout Of twenty-five rounds or less with the
regulation fve-ounce gloves.
After the judgment had been rendered
the attorneys for the State said to the
United Press correspondent that the State
would appeal the case to the Supreme
Court as quickly as it is possible TO expedite
making copy of the transcripts in the
case. 1t is anticipated that this work will
have been completed by Monday evening
next. Both sides in this important case
were represented by eminent counsel.
The witnesses introduced were: Man
ager Joseph H. Vendig of the Florida
Athletic Club, vii liam Delaney (Corbett's
trainer) Howard B. Hackett of New York.
W. G. Maurice, Ed L. PARCELS, Ed B.
Smith, ". A. Brady (Corbett's manager)
and Judge A. Curl.
The testimony proved that a 25-round
contest with five-ounce gloves could not
result in serious injury to the participants,
and that it differed from prize-fght I'M
der prize-ring rules radically. There were
numerous citations of law on both sides,
but the case was submitted to the Chan
cellor without argument.
Hartin Julian arrived tonight. He is
empowered by Fitzsimmons to act. Fitz-
simmons does not want to come until
about time to meet Corbett in the ring.
Manager Vendig says that if Fitzslmmons
is not in evidence by October 80 he will
match Corbett and Maher and O'Donnell
against Choynski. He SO told Julian.
State Attorney league tonight was
asked: What is your opinion as to the
correctness OF the decision2''
"Under the proof made think the de.
cision is correct"
After hearing the testimony of these
experts what are your views as to the
vaunted brutality of the match contem-
plated between Corbett and Fitzsimmons q''
Il had heretofore thought that there
was considerable brutality and danger
connected with a prize-fght; but if the
statements of the witnesses be true prize
fighting with tive-ounce gloves is not near
ly so dangerous as football, which is a
legitimate sport"
LITTLE ROCK. ARK, Oct. 19.-The
news from Hot Springs this afternoon has
evidently determined Governor Clarke in
his course toward the prize-ighters, be-
cause he and General Taylor went to the
Governors Office at $50 P NJ. and held a
consultation. The Governor avoided the
reporters, but it was given out semi
officially at 10 o'clock that he has decided
to issue his proclamation warning the
Florida Athletic Club against further
preparations at Hot Springs and ordering
the State militia to hold itself in readiness