Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1895-08-28
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AUSTIN, rex, Aug. tablespoonful
The governor at noon today furnished
the press with n copy Of Attorney
General Cranes opinion In reply to
questions propounded his excellency by
Sheriff Ben Cabell Of Dallas county
relating to the hett-Fitzslmmons
fight It is as follows:
Attorney-Generars Office, Austin,
Tex, Aug. %. 1895 Governor c. A.
Culberson. Austin. Texas Dear Sir--I
have your letter OF the 10th inst. In 1t
you say, in substance, that you have
letter from the sheriff of Dallas
county in reference to the proposed
prize fight, in which the sheriff asks
you for advice in reference thereto.
Tile quotation you make from his letter
Is In the following words; II am ad-
vlsed that the criminal statute defining
prize fighting makes II misdemeanor
and not felony. / would therefore re-
spectfully ask you, as the chief eaecu-
tive OF the state. and as you say II is
your constitutional duty to see that the
law is enforced. whether / would be
justified TO use such force as would be
necessary to prevent It, even II 1t re-
quired the shooting down of citizens.
and would you advise me to use such
force?" You then ask my opinion as to
the force the sheriff would be Justified
In using In preventing a violation of
the law by prize flghtlng.
TO be able to accurately answer the
question It is necessary to state some
propositions, about which ] understand
there can be no controversy.
/. 1t Is conceded by all persons that
n prize fight, or glove contest" such
as is proposed to be had in Dallas,
win bring tngethsr 2. large humher OF
people, and necessarily there must be
more than three people engaged In the
contest There must be the contest
ants, the referee. the seconds and those
aiding and encouraging them, who
would be, according to the rules of law.
principals In any offenso that they
might commit 1t Is impossible to con-
celve OF a prize fight or glove con-
test without conceivinE that there are
at least more than three persons en-
gagged in the common enterprise. Prize
fighting being an offense against the
laws of the state. all those gathered
together to engage therein. or who aid
by acts or encourage by words those
actually engaged therein, constitute an
unlawful assembly, and come clearly
within the definition laid down In ar
tlcles 279 and 292 Of the Penal Code.
They are as follows:
Article 279-''An unlawful assembly Is
q meeting Of three or more persons
with intent to aid each other, by vio-
lence or in any other manner, either to
commit an offense, or Illegally to de-
| prlNe any PERSON Vi hnN iibht' " ="
| disturb him In the enjoyment there
| Of"
Article 292-''If the purpose of an un-
lawful assembly be to effect any Illegal
| object other than those mentioned In
| the preceding articles of this chapter,
ali persons engaged therein shall be
| liable to fine not exceeding SzOo.
The duty Of sheriffs and other peace
! officers in reference TO unlawful as
semblies II clearly stated In article
40 Of the Code of Criminal Procedure.
1t Is as follows:
"Each sheriff shall be a CONSERVATION
of the peace In his county, shall arrest
ali Offenders against the laws or the
state I'm his view or hearing, and take
| them before the proper court for ex-
| animation or trial. He shall qnell and
suppress all assaults and batteries, IN
surrections and unlawful assemblies
The duty Of the sheriff to quell and
suppress prize fighting, It being an nm
lawful assembly, is plainly stated IN ths
article last quoted. The sherlH seems
however. TO want 10 know what ne
would be justified In doing, and VIVA,
would be his duty TO do in the EVEN
that the unlawful assembly, that If tl
say those who propose TO engage u
The prize fight. and those who propose
10 aid and abet them therein, shoult
l
the ACCOMPLISHMENT OF their purpose
The legal status of the proposed prlze
flghters and their friends In the even
thew should refuse to disperse on IN
command of the sheriff. and TO desis
from their unlawful undertaking,
clearly stated IN article 295 or the feha
Code. II reads as follows,
"If the persons nnlawfolly nssemblee,'
,oasther do or attempt to do. any !,
iogal act. all those engaged In sncn u
ie9eI acts are guilty of riot. In Whici
case the duties + the sheriff are s'ate'
! in the following articles; c.,t.,
Article lt2 Of the Code or Crimlna
13roce5iire saws: "Whencver a numDe
! ~ persons ar, assembled togetheF
! auei manner as 10 constitute rlot az
cording to the penal law OF me s.a. :
II is the duty Of evry maglstra.s :
naaca officer 10 cause sueh peIsuhs
I stsnerss. mis- may be either done .
,p,,,nnainr them to dispense or D
arresting persons engaged; II hecess"i'
2 With or without warrant, =.
Article 1fs-'In order TO enable N
r oeirer Ia disperse riot, ne may g
7 10 mis- aid the power OF the e9unE .
I The same manner as is provineu WV .,
r It Is necessary for the execution u ply
: cess" .,, mar engaged /
,,,a,rsssIng a riot. and those VINO a.
MI, arr authorized and iustlneo
nanntint, sucn measures as are nese'
80 - suppress the riot, but are ny
'.,hori1sd 10 use any greater ues re
~ force than Is requisite 10 aceo'nP'''
that object" -, .oae saw
srticle be6 Of the Penal cous ~ ,
..tfnmicide Is justihabie Whsp he $3.50,
10 suppress n riot wheh ''s -