The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-09-19
IT APPEARS THAT THERE Is No
LAW IN TEXAS AGAINST
PRIZE FIGHTING.
JUDGE HURT so DECIDED Al
DALLAS YESTERDAY.
Saws He is Not Responsible for the Con
fusion of the Statutes, Though
Personally He Abhors Prize
Fights-Dallas Rejoices.


Chief Justice James NJ. Hurt of thu
court of criminal appeals resumed the
hearing of the argument in the habea'
corpus case of Jess Clark, Tom Caya
naugh, ]. j. Bates and the seconds II
the prize fight which took place on the
night of September l.
Judge NJ. S. Crawford resumed his ar
gument at $3.50 and submitted to the
court large number of decisions and
authorities bearing upon the point at
issue-the right of revision commission
10 reincorporate in the codes an old law
which had been repealed or amended,
and the power of the legislature to re-
vive the same by adopting the reports
Of the revision commission. In 1873
the revision commission added new chap
tiers and many important amendments to
the code and the courts had passed upon
The same, sustaining their validity.
Judge Hurt piled Mr.. Crawford with
questions and examined him very closely
on certain constitutional points involved.
At 1920 Attorney General Crane was
given another opportunity to present the
authorities in support of his position
that a commission has no power to add
to or take from the existing laws of the
State. He declared that revision COM
mission, if the point made by the attor-
neys for the applicants was well taken,
could adopt the codes of Arkansas or
Louisiana as a part and parcel of their
report, and if the law makers of the
legislature adopted the same without in
vestigating the 100 or 1900 pages of stat
utes, then there would be no recourse
and the Arkansas or Louisiana codes
would become part and parcel of the
laws of Texas.
Judge Hurt asked the attorney gen
eral questions at intervals and an
nounced that he wanted every point at
issue covered and all the light possible.
thrown on the complicated and knotty
problem with which he had to deal
At noon recess was ordered until .
O'Clock p. m, at which time it. was an
nounced that Col. w. l.. Crawford would
begin the closing argument of those who
held that there is no law prohibiting pugi-
listic exhibitions in Texas. Col. Crar'-
ford made two hours argument against
the points raised by the attorney general,
and this evening, after two days of argu-
ment by counsel in the habeas corpus
hearing of Jesse Clark, arrested on the
second inst. for prize fighting, Chief JUS
tice j. Nj. Hurt of the court of appeals
released the defendant. His opinion
was orally rendered and was as follows:
Il desire to thank the citizens for their
kind attention and splendid behavior in
court. | desire to thank the counsel for
the able manner with which they rep
resented their sides of it. | had no
opinion when the argument opened |
think it is better not to give an opinion
in full until | can put it in shape, but |
will say this: j think | suggested to
Senator Kirby to make prize fighting a
felony. | wanted the State of Texas to
take an advanced ground on this subject,
for l looked upon it as the most brutal of
acts, but my private opinion has nothing
to do with the law. | am not responsible
for the condition of the laws of the State;
am not responsible for the fact that it
requires the highest intellect and most
ent, to determine whether we have law
against prize fighting or not. | do not
believe that under the provisions of our
statutes or the well settled rule of CON
strung, especially when we look to the
sixth article, that this man has violated
Il law that has been so plainly written
that he is responsible for, and | shall
discharge him. l will give my reasons
hereafter in writing"
On the announcement that the law was
null and void some parties applauded,
whereupon Judge Hurt, wearing a de,
termined aspect, exclaimed: Il will send
YOU to Jail"
This restored silence.
The city is wild with joy over the de-
cision, and the few kickers are very
sullcn and die hard.
DAN STUART INTERVIEWED.
Dallas. Tex, Sept. 17.-(SpeciaD. dan
A. Stuart said tonight that he was
pleased with the decision of the court.
He said: 1--WE intended to mandamus
Comptroller Finley, and this is a big re-
lief to us. The Florida Athletic CLUB
will push its arrangements to final com
Dletion. and Contractor Grigsby says the
building will he ready by October ~
At the outset | stated | would not rio-
late the laws of Texas or be placed in the
attitude of defying the governor ana
other authorities. The governor ana
what he considered to be his duty, ana
for want of an adverse decision by a
court of competent jurisdiction, perhaps
he could have taken no other course
For myself. had made arrangcmtns to
30 elsewhere with Corbett and F1tZslm-
mons if the courts decided that Texas
had a law on its statute books prohlblt-
ing glove contests. If there was no law
against it | wanted the championship
contest pulled off in Texas on account
of the advertising and other benefits to be
gained: if illegal, then it would have to
he pulled off elsewhere. My attorney
assuerd me that there was no law against
II. and the chief justice of one OF the
biggest courts in Texas so declares
CORBETT'S MANAGER TALKS,
New York, Sept. Nv. a. Brady
Corbett's manager, said tonight wheh ne
heard that Judge Hurts opinion was i'll
favor of the fight coming off Mt Dallas,
Texas. and that no legal obstacles exist exist
ed which prevented Corbett and fltz-
simmons meeting in Texas. that he was
now satisfied that everything would be
smoothed out. Corbett, Brady said,
would leave for San Antonio, where he
will train, on October 2. The champion