The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-07-15
ONE VERY BLACK EYE
COrbett and FltEimmOnS Get a Blow
From the Laws Right Hand.
BY THE ATTORNEY GENERAL
He Decides That the Law Of 1891
Is Operative and VIII Look to
the Sheriff of Dallas to
Do His Duty.

Austin, Tex. July ii.-Attorney Cen
eral Crane to-day gave out his opinion
in the corbett-Fftzsimmons fight case
from Dallas The opinion was In reply
to an Inquiry from the Dallas county
attorney as to whether the law OF 1891
prohibiting prize lighting was valid
and operative. IL was held by some OF
the best lawyers In the state that the
Law was invalid and inoperatly be-
cause II denounces the offense as a
felony and affixes thereto the punish
ment Of mlsdemeanor. and further be-
cause the act was so indefinitely
framed and Is OF such doubtful con-
struction, considered either by itself or
in connection with the other provis-
ions Of the written law. that 1t cannot
be understood. Further. the legisla-
ture. in adopting the revised codes,
carried into the civil code the act OF
1Ss9, which licenses prize flghting, and
the civil code. with the provisions In II.
was finally passed at a time subse-
quent to the adoption of the penal
code. in which is Incorporated the stat
ute prohibiting prize lighting. and
therefore the statute licensing prize
lighting by Implication repealed the
penal law on the same subject which
had previously been passed
The attorney general In his opinion
takes the opposite view. He holds that
the law Of 1891 was and still Is opera
tive. The attorney general contends
that. according TO the contention of
those who believe that the statute
against prize fightlng is void on ac-
count OF its declaration that the crime
Is a felony and the punishment Of a
misdemeanor Is applied thereto. the
statute would be perfect II the word
'misdemeanor' could be substituted for
he word "a ny Following is the
doctrine announced In one OF our court
decisions. namely: that the intention
OF the legislature controls the express
language in the construction OF the
statutes. the court was at perfect lib
erty 10 eliminate the word felony II
such elimination were necessary to
give effect to the legislative intent Ii
must be plain that the court believed
that the intention of the legislature
was to prohibit prize fighting. II the
court further believed that the fact
that the legislature affixed the punish
ment of a misdemeanor to the offense
Of prize fighting and the word felony
was inserted by mistake. 1t was at
perfect liberty TO disregard that word
in the construction OF the statute
Further. the validity OF the act In
question Is not affected by the revision
OF the code. The civil code passed the
legislature before the penal code did.
and not afterwards But notwithstand-
ing all assertions 10 the contrary. by
reference to the new revised code. II
will be seen that II specifically states
that all laws embodied In the revised
statutes which were In existence at
the time of its adoption should be con-
sidered to be a continuation and not
as new enactments. This law being
valid. II is the duty of the sheriff OF
Dallas county to see that II Is enforced,
He has that authority and we will look
to him 10 see that the law ls enforced"