Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1895-10-15

1T BARS ALL FIGHTS.

Auhllut Tx OGN. Af.--t7P NNAeA+f -
supreme court today handed down It's
opinion in the suit for Il mandamus
against Comptroller Finley to compel
him to furnish blank licenses for prize
nghting. The court only decides the
constiutionnlity OF the anti-prl2e fight
act passed by the called session Of the
legislature and does not touch the ques-
tion raised before chief Justice James
VI. Hurt Of the court of criminal APP
peals. The supreme courts opinion is
that the act passed at the eNtraordin-
ury session is valid. The decision was
rendered by chief Justice Gaines, and
In rendering the opinion lie says.
These cases (referring to both the
HAYS and Williamson county casesl
present substantially the same qucs-
tons. and Will be disposed OF in the
same opinion They proceed upon the
theory that article 0O4J Of the Revised
civil Statutes. adopted by the present
legislature at its regular session, places
tax upon prize-hshtiug, anu licenses
1t no an occupation.
The statutes make IL the duty OF the
tax collector " each county 10 Issue
license for each occupation upon which
q tax So levied. upon the application
OK amy person desiring to pursue such
occupation and upon his paying the
tax levied thereon; but he IS Prohibited
nom issuing such license except upon
II blank furnished by the comptroller
for that purpose II Is the duty OF the
comptroller TO furnish him with the
blanks, and 10 would seem that IL Is his
right 10 demand the performance Of
that duty, and upon the comptroller
refusal 10 comply, 20 compel such per-
Torrance by the writ OF mandamus.
In the first place the tax collector Of
Hay p county alleges that he has de-
mundcd blank licenses FOR prize fights
~ the respondent, as comptroller OF the
state, and that the hitter has refused
latter may be compelled to comply with
his demands, In the second case the
tax collector Of williamson county al
leges that application has beCn made
10 him Tor license Tor u prize fight.
and that the state and county taxes
have been rendered By the applicant;
that he has demanded OF the comptrol-
Ter the proper blanks. and that the de-
mlGl has been refused. He also prays
Tor n peremptory writ of mandamus to
compel the officer to furnish the blanks,
The comptroller In neither case denies
the facts alleged, but claims there is no
law licensing prize nghtlng In this
state,
Since these suits were Instituted the
governor OF the state has convened the
Legislature for the purpose OF passing
a law prohibiting prize lighting and
making II n penal oifense, The leglsla-
ture has mot in pursuance 10 that call
and has passed an act Intended to ef-
fcCtuutc that object, which. " valid.
took effect from Its passage. 1t IL con-
ceded that " this act be operative the
writ OF mandamus must Doe refused in
these cases, But II IS claimed on be-
hair 0f the petitioners for the rcspcc-
tive writs that the act Is Ia violation
OF section % OF article Q Of the consti-
tuition, ana Is. therefore. void This
presents the first question Of our de-
termination.
The constitutional requirement in
question reads as follows: NO bin.
except general appropriation bills.
which may embrace the gem
eral subjects and accounts Tor
and on account OF which,
moneys are appropriately. shall con-
tain more than one subject. which
shall he expressed In It's title. But II
any subject shall be embraced In an
act, which'shall not be expressed In the
title. such act shall be void only as 10
No much thereof as shall not be 80 ak
pressed" Omitting the emergency
clause inserted for the purpose OF Civ
Ing II Immediate effect. the statute I'M
der consideration reads as follows:
An act to prohibit prize fighting and
I pugilism. and fights between men and
animals. and to provide penalties there
( for and TO repeal all laws in conflict
{ herewith
I section l. BE 1; enacted by the leElsla-
/ ture Of the state OF Texas: That any
Z person who shall voluntarily engage in
4 pugllistic encounter between man and
man. or a fight between a man and n
bun or any other animal. for money or
I other thing % value or for any cham
I pionship. or upon the result Of which
any money or any thing OF value Is bet
or wagered, or TO see which any nd
Z mission zee Is charged. either directly
/ or Indirectly. shall be deemed guilty "
a felony. and upon conviction shall I've
I punished 10y Imprisonment In the
/ penientary not less than two nor more
I than ilve years.
Section > BY the term "purnlstic en-
/ counter, as used In this act, Is meant
! any voluntary fight or personal cncoun-
I ter by blows By means OF the fsts or
! otherwise, whether with or without
/ gloves, between two or more men ror
money or for prize OF any character.
or for any other thing OF value. or Tor
any ehsmpionship. or upon the result
{ OF which any money or any thing ~
value Is bet or wagcred.
/ Section 7 That all laws and parts a,
! laws In conflict herewith be ANA ,bs
same arr hereby repealed
u Is admitted that the subject is ex.
I pressed in the tile bur the contention
Is that the act contains more than
! subject,
Z u was doubtless intended by section
TO prevent certain practices .1n,e.
4 tlmea resoIted to IN legislative bodies
10 secure legislation contrary 70 The
VIII o. the majority. ans. that OF mis-
leadine members. BY Incorporating In
the body u the act some subject N u
named In the tile; the nthcr that u
| Including In the same bin two matters
! foreign 10 each other. Tor the purposa
I q procuring the support OF such legls-
one provision merely for the purpose
| OF securing the enactment OF the other
Similar constitutional requirements are
found in the former constitutions OF
This state and Ia many ~ ,f.. a.a....t-