Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1895-10-16

passed at the conclusion OF the pro-
ceeding which II legislative. and not
when approved by the governor.
g That II In approving an net the
governor exercises Legislative func-
ton" the approval dates back to the
passage" OF the act.
3. That the power of the governor as
a branch CT the legislative department.
is exclusively confined to the approval
OF bills
A. That the governor cannot act with
reference to an act of the legislature
after the adjournment OF the legisla-
ture except by proclamation.
s. That under our constitution the
governor is not a part of the law-mak-
ing power.
g. That the act OF the "revlsers" con-
corning the criminal act prohibiting
prize fights, was continuation OF and
not re-enactment of the criminal act.
and that this act in relation to the IL
cense act" authorizing prize fights
was the creation of Il new law, II the
criminal act was constitutional--and
that being n new law It could only be-
come law by being enacted in the
manner required Of Original bills"
I That II the criminal act' and the
license act were properly enacted,
they became laws on the same day and
''eo Instant" upon the adjournment Of
the legislature, and the governor not
ton thereto, the criminal act, II con-
stltutlonal, must prevail, because the
latest expressive will OF the leglsla-
ture.
S. That article Penal Code does not
apply because there was no cOntempo-
rnneous existence OF two otherwise
valid laws, so as TO make uncertain
and doubtful the criminal act.
.. That "non-approVar OF an act Is
only equivalent to approval when oc-
curing during the actual session OF
the legislature
TO- That the acts of 1891 and of the
special session OF 1895 entitled IAN act
to prohibit prize lighting and pugll-
ism" are imperative and void, for the
reason that they discriminate against
persons of the same class; that liz to
say, they punish the combatants who
get money by fight between man and
man by means OF blows with their fists,
but don't push those who bet and
wager on the fight and who also get
money by a fight between man and
man by blows with the fists
1t will not do to say that the outside
bettors who bet and wager on the fight
are guilty because they aid and en-
courage" the combatants, for the par
Elephants have no Interest in the out
side bets. and may not even know OF
Them SO that they may be Influenced
thereby; but the outside bettors might
Ut NhNbhlhbfh ny lHt HtllllE OF Nnt
participants" The intention of the
legislature II is true must govern; but
that intention must be gathered from
the law itself--it cannot be looked for
outside of the act. The idea of any
Injury to the person of one OF the indi-
vduals fighting, does not enter into
the law, because the individual might
be injured as much by blow struck
without hope of reward" as with such
hope. Neither Is 1t the idea OF the law
to punish for an injury to property;
because the law contemplates that the
money or thing OF value Ia to be vol
UNFAIRLY surrendered. And under
such circumstances the talSer would be
doing no more than asserting n right
voluntarily conferred, By person hav-
ing a right to do so.
Nor does the act proceed upon the
Idea that an act prohibited is public
nuisance" because committed In a
public place. for by the act the par
ties may be guilty though fighting In
| private.
II proceeds solely upon the Idea that
person has no right to so act with
| reference TO his person or property az
| that IL may injure the rights of others
| or Of the public, and that when he parts
| with his property by means Of some
| game of chance or skill or both COM
! bined, he does an act of an immoral
character that Affects the public at
anu lHdl sHoulu ne
under the police power. This being the
| purpose OF the law, as gathered from
| the law, the act Of winning =, obtain
| Ing money by fight beco..es as Inn
moral and as lnJurlously affects the
| public, when done by one who bets and
| wagers upon the fight. as when done by
the immediate participants to the fight,
and when the law singles out few OF
| the guilty agents for punishment and
relieves the balance from the penalty
| OF the law, II becomes void and mop
| erative.
II, That the criminal act OF 1891 being
| void for the reasons stated, II did not
| repeal the 81 ease act" OF 1883, and that
| for this reason the license act" was In
| we've adopted. and being embodied In
and was continuation Of the'llcense
act OF 1889.
H. That this 'llcense act" is "lnop-
erative and void" for the reason that n
| prize fight between man and man by
blows with their fists is an aggravated
assault. is IAN act which offends the
moral sense of the community, Is In
| furious and In itself a wrong" and IL
OF that class OF ofTenses known us
nahum In Sc. and hence that the legls-
lature has no power to s'iicense" its
commission. That the citizen IL en-
titled under the constitution and "bill
| of rights" to personal security and
safety and that the legislature In the
exercise of Its powers IL restrained and
limited by the paramount authority of
these provisions. Respectfully.
! IAG