The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1895-10-17
THE PROSPECTS ROSY
PROMOTERS OF THE FIGHT
BELIEVE 1T WILL YET BE
PULLED OFF.
THERE is NO LAW AGAINST IT

ON ChaFge OF conspiracy TO Break
the Peace and "A Test Case Made
The Matter Now in the Hands of the
Local AuthOrities-Bu the Militia
are Holding Themselves in Readi-
ness to Stop the Fight.
Hot SPRINGS, Ark, Oct. 18.-Whether
| the meeting Of James j. Corbett and
| Robert FitzsimmOns shall occur at Hot
Springs, October 81, is not decided, but
| from all indications the chances are now
exceedingly favorable.
| Gov. Clarke arrived on the noon train
| from Little Rock, and this afternoon he
met the local committee, together with
the Garland county officers, in private
consultation, to which not newspaper
man was admitted. In the confer
ence with the Governor were Brig
adler General Taylor, Judge A. NJ.
Dufie, County Judge A. W. Jones,
States Attorney G. Y. Tague, Mayor W.
W. Watts, Judge J. D. Kimball, Sheriff
R Houpt, Hon. W. H. Martin, City At
torney O. N. Rix, John D. Varnadore,
Col W J. Little, Superintendent United
States Reservation, Capt. S. 81. Tit.
Col @. G. Converse, exMayor r. L.
Williams and others.
An eager crowd awaited the result of
the deliberations after the Governor and
Judge Duffie left the rooms in search of
Judge D. B. Hudgins, of the Fourteenth
| Judicial District, who is in the city, to
consult with him about disputed point
of law.
Members of the conference, when
button-holed, said that it had been
agreed in the meeting that nothing that
| occurred there was to be made public.
| From the best information that could
| be wOrmed out of the reluctant con-
| ferees, it is understood that the matter
is to be left by the Governor in the
hands of the local authorities, in whom
he has confidence to properly interpret
the law aud carry it out.
| Pursuant to this, it is generally under
stoyd that since Fitzsimmons has not ap-
peared in this State as yet, and therefore
| Corbett canno5 be made subject to ar
rest, to morrow O'Donnell and Maher,
who are here are to be arrested on a
charge of conspiracy to break the peace;
the exacted bond of $1,000 viii be re-
fused and a writ of habeas corpus
sued out, which will come up for trial
before Chancellor Judge Leatherman at
once, and his decision is to be considered
| as test of whether there is law pro-
hibiting prize fighting. The Governor
himself says that no such law exists and
that Judge Hudgins confirms this opin-
ion. This makes the prospect for an
exhibition here seem exceedingly rosy.
Orders Issued to the Troops.
LITTLE Rock, Ark, Oct 16.-Oolonel
| Hollenberg, commanding the First Regi-
ment Arkansas Guards, issued orders
last night to every company in his regi-
ment to hold themselves in readiness,
subject to a call to move to Hot Springs
In an interview today Ool. Hollenberg
| said:
There is no secret about the matter.
Orders have been sent to every company
| of white militia in the State notifying
them to be in readiness to move to Hot
Springs on short notice. If the prize
| fight is not called off definite time for
moving the militia to Hot Springs will
be decided upon and that time will be
soon as we do not propose to have any
tricks played on us.
''If the militia goes to Hot Springs the
expenses will be paid. I cannot say who
will be responsible, but l will have the
| Governor to show me on this point. If
the managers of the fight continue in
| their determination to have the fight
come off, the militia will be called out
and stop the fight.
| whether the Governor is right or
wrong, If he sends the militia to Hot
| Springs, the fight will be stopped. / can
not take any cognizance in the premises,
in deciding whether he is right or wrong.
| Just how the Governor proposes to pay
the expenses of the militia in the event
that they are called out to Hot Springs
is not known. If Garland county
calls for the militia, of course that
county will be held responsible
financially. If the Governor calls out
the soldiers on his own hook, it is not
known who will pay the militia's ex-
penses, as the State has no money appro-
priated for this"
Speaking of this matter, Judge Norris
Oohn, one of the most prominent mem
bers of the Little Rock bar, said:
''The general impression among the
bar, as / have always understood it, is
that the Governor is only authorized to
call out the militia to suppre q misde-
meanor or other riotous proceedings
when called upon by the local authori-
ties of the community in which such
disturbances occur. Regular and proper
administrations of government cOntem-
plates that the cou. ty administrato :
shall be invested with the care of county
affairs, including the preservation Of
peace and order, and that this shall not
be interfered with by any outside power
unless called upon by the county au-
thorities.