Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-09-25
THE BIG FIGHT IN COURT.
1t Promises to Surpnss the Corbett-
FftXsimmOns Match.

Application was made to Controller Farley
at Austin, Tex. yesterday by the tax col
lectors of McLennan and Hayes counties for
prize fight licenses, which were promptly
refused by the controller at the instance of
the attorney general, who in a written opin-
ion, still contends that Judge Hurts opin-
ion delivered at Dallas last week multiplying
the anti-priZe fight law is not binding and
holding Judge Hurts opinion in error, in
that it is impossible for two conflicting pro-
visions of statute in parti materfa, enact
ed at different times, to be in force at one
and the same time. Therefore Judge Hurts
reference to the statutes In force at the
same time, though conflicting, is not sup
ported by any logical reason.
He also holds that the statute was always
void, In that it was contrary to public policy
II not to the constitution itself. If you Ii
cense a man to flght-that is to say, fight
between man and mantle statute does not
even seem to give You the privilege of say
ing whether the fight will be with bare
knuckies. with gloves, with knives or with
pistols. Indeed, they have the right to fight
they are chartered libertires to that extent
ana presume they ought to be permitted to
select their own weapons and fight in their
own way"
1t was understood that the tax collectors
were acting at the instance of the governor,
VINO desires to get the matter before the
supreme court. Last night they applied to
Associate Justice Denman of the supreme
court for writ of mandamuS to secure a
license. If Judge Denman refuses a writ of
inandamus it will be a case of loggerheads
between supreme court associate justice
and a chief justice of the criminal court of
appeals with the matter still undecided as
to which opinion is most authoritative. 1t
is probable however, that Judge Denman
will ask the full supreme bench to sit with
him and hand down an opinion that will be
binding for all time.
AUSTIN, Texas, September 25-The con-
troller has given out for publication cor
respondence between the tax collectors of
Mcclellan and Hayes counties and his de-
partment anent the Corbett-Fitzsimmo ns
fight The tax collectors of these coun ties
write to the controller, respectively-the
first to know If he was authorized to issue
a license, and what his duty was in the
premises. and the last applying for three
occupation tax receipts for fights between
man and man. The controller declined to
send the occupation tax receipt, after sub
hitting the question to Attorney General
Crane. who responded In part as follows:
referring to yours of recent date from
the tax collector of Mcclellan county, beg
to say that in my opinion the statute
licensing fights between man and man is
not now in force. 1t was repealed by the
act of 1891. My understanding is that when
statutes are brought forward in a revision
they occupy the same .rea tive position that
they did before. = -
You are therefore advised that in my
opinion you have no authority to issue &C.
cupation tax receipt licensing q fight be-
tween man and man. / think it might well
be doubted whether the statute was not al
ways void, and that 1T was contrary to
public policy, if not the constitution itself"