The record-union., 1896-12-18
The Injunction Against the Bank Pay
ing the Purse Dissolved.
The Court Says the
The Court Says the Law Officers
Winked at Violation of the Law
in Permitting the COntest-The
Injunction Would flaVe Been Dis
solved on the Heels OF Its Issuance
Had 1t Been Asked For.

SAN FRANCISCO, Dec. 17.-Glove
contests and prize fights are synony-
nous is the legal opinion of Judge San
derson, and in consequence Thomas
Sharkey will get the $4,000 that Fitz-
simmons still believes rightfully be-
longs to him.
When the matter came up this morn
ing both sides announced that they had
no more dispositions to take, and Gen
eral Barnes, Sharkey's attorney, moved
to dissolve the injunction restraining
the Anglo Californian Bank from CASH
ing the check given to Sharkey in ac-
cordance with the decision of Referee
carp. Barnes said the complaint was
defective, as it did not state sufficient
facts, and was on information and be-
lief, stating rumors. 1t had been stated
in court that there was a great differ
ence between prize fight and a glove
contest. He read several decisions bear
ing on the point in support Of his con-
tention. He argued that the Sharkey-
F'itzsimmons affair was a pugilistic
encounter for a purse of $4,000, to go
TO the winner. The magnitude of the
reward seemed prodigious. FitZsim-
mons claimed he had been 'jobbed'; /;
that there had been a conspiracy to
defraud him out of the prize money, and
to do so the conspiratorS arranged for
a referee who should give the decision
against him. Fitzsimmons claimed that
in the eighth round he had SO discom
flied his opponent that he was unable to
continue the contest, despite which the
referee corruptly decided against him.
Counsel said the case should not be
longer entertained by the court The
evidence brought to the courts atten-
ton during the taking of the deposi-
tons was enough to guide him. When
pugilists contest for a $4,000 purse,
with a referee of their own selection,
ard escape prosecution for it, the civil
arm of the law would not re-referee
the contest for them. He therefore
asked that the injunction be dissolved.
Attorney Friedrich, in behalf of
FintZsimmons, argued that the court
could look to the complaint only. and
pass on only the points presented by
counsel who had asked for the dissolu
ton Of the injunction. He hoped the
court would not go beyond this in con-
sidering the motion. The complaint. he
said, showed that on October 10th the
Supervisors gave a permit to the Ma
tiCnal Athletic Club for boxing con-
test. The contest was regularly Ii
censed and held under the observation
of the police, as provided by law
The attorney referred to the Act of
the Legislature of 1898, in which a
prize-fight was stated to be a contest
ole ho
testants beat and manned each other.
Opposing counsel, he said, would have
the court believe that the Supervisors
had granted permit for the commits
sion of a felony by the principals in
the contest. A Kansas court had held
that prize-fight was a physical contest
for a prize or reward. The Supreme
Court had held that this definition was
not a good one, and referred to Web
ster, whose definition is that prize
fight is contest in which the COM
batants fight for reward. There
would have to be a fight, and an at
tempt by the conbatants to injure each
other.
Counsel held that the complaint did
not furnish the court with grounds for
determining the question of fact as to
the contest. All the facts about the Ii
cense and apparent legality of the con-
test indicated that it was not a prize
fight.
Mr. Friedrich said it was not proper
at that time to consider anything but
the allegations of the complaint, and
the motion to dissolve would have to
be denied.
In rendering his decision Judge San
derson said it was the first time the
case had been presented to the court,
as the former proceedings were to take
depositions The complaint stated
that the permit was for a boxing
match. A glance at the dictionary
would show the gentlemen that boxing
and fighting were synonymous words.
1t was elementary law, and if the COM
plant was true the principals might
be indicted and those who witnessed
it We're liza BILE to arrest for misdemean-
or The Supervisors, he said, had no
more right to license boxing contest
that they had to license a duel. In
permitting the contest the law officers
had winked at violation Of the law.
The injunction, he said, would have
been dissolved on the heels of the is
suance of it had it been asked for.
The court ordered the injunction dis
solved and the complaint stricken from
the files of the court
F'itzsimmons. who was in court to
hear the decision, went away very
much crestfallen. Sharkey was not
there.
After the court adjourned Judge San
derson handed General Barnes a let
ter. 1t was from New York. and was
addressed to Thomas Sharkey, care of
Judge Sanderson.'
The $4,000 check is still in the pos
session of the bank. where it will re-
main until all doubt as to who owns
it has been removed. Manager Lilien-
thai said he would not pay the money
over until advised to do so by his at
torneys. Unless some other impedi-
n1ent should present itself the money
will probably change hands to-mor-