The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-12-18

San Francisco. Dec. 17.-Glove con-
tests and prize fights are synonymous.
Such is the legal opinion of Judge
Sanderson, 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
General Barnes. Sharkey's attorney.
moved 10 dissolve the injunction re-
straining. the Anglo California bank
from cashing the check given to Shar
key in accordance with the decision of
Referee carp. Barnes said the COM
plant was defective, as it did not state
sufficient facts, and was on informa-
ton and belief, stating general rumors.
AS a second point, the agreement for
the fight was for something illegal,
contrary TO --ood morals and not en-
titled to the protection of the court.
II had been stated in court that there
was a great difference between a prize
fight and a glove contest. He read
several decisions bearing on the point
in support of his contention. He ar
gued that the Sharkey- Fitzsimmons
affair was pugiliStic encounter for
purse OF 100000 to go to the winner.
The magnitude of the reward seemed
prodigious. F'itzsimmons claimed he
had been 'jobbed;" that there had
been 2 conspiracy to defraud him out
of the prize money, and to do so the
eonSpirators arranged for referee who
should give the decision against him.
FitZsimmons claimed that in the eighth
round he had so discounted his oppo-
nent that he was unable to continue
- i L I'll
corruptly decided against him. Counsel
said the case should not be long enter
tanned bv the court. The evidence
brought to the courts attention during
the taking of the dispositions was SUI
ficient to guide him. When pugilists
contest for a $4,000 purse, with a ref
cree of their own selection and escape
prosecution for il, the civil arm OF the
law could not re-referee the contest for
them. He. therefore. asked that the in
junction be dissolved.
FRIEDERICH's IDEAS.
Attorney FREDERICK, in behalf of Fitz-
simmons, argued that the court could
look to the complaint only. and pass on
only the points presented by counsel
who had asked tor the dissolution of
the Injunction. He hoped the court
would not go beyond this in consider
ing the motion. The complaint, he said,
showed that on October 10 the super
visors gave a permit to the National
Athletic club for a boxing contest. The
contest was regularly licensed, and
held under the observation of the po-
lice, as provided by law. The attorney
referred to the act of the legislature
of 1893. in which prize fight was
stated to be a contest with or without !
gloves, where the contestants beat and |
manned each other Opposing counsel, /
he said. would have the court believe |
the supervisors had granted a permit |
for the commission of felony by the |
principals in the contest A Kansas |
court had held that a prize fight was
a physical contest for a prize or re-
ward. The supreme court had held /
that this definition was not good one, /
and referred to Webster. whose defini-
ton is that prize fight is contest in
which the combatants fight for a re- /
ward. There would have to be fight /
and an attempt by the combatants to /
iniure each other Counsel held the
complaint did not furnish the court /
with grounds for deter mining the ques
ton OF fact as to the contest. All the !
facts about the license and apparent le
gality of the contest indicated that it
was not a prize fight. Friedrich said
it was not proper at that time TO con-
slider anything but the allegations of |.
the complaint, and the motion to dis
solve would have to be denied.
THIS SETTLES IT.
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
The complaint stated that
the permit was for a boxing contest
A glance at the dictionary would show
the gentlemen that boxing and fighting
were synonymous words. If the men
were boxing, they were fiShting. 1t
was elementary law. and if the COM
plant was true the principals might
be indicted and those who witnessed
it were liable to arrest for misde-
meanor. The supervisors, he said, had
no more right to license a boxing con-
test than the-T had to license a duel ;
In permitting the contest the law Of
fcers lad winked at a violation of
the law. The injunction, he said. would
have been dissolved on the heels of the
issuance os il had it been asked for
The court ordered the Injunction dis
solved and the complaint stricken from
the files of the court.
FitzsimmOns. who was in court to
hear the decision, went awa-- very
much crestfallen. Sharkev was not
here.
AFTER the court duJOurneO Judge San
lerSon handed General Barnes a letter |
It was from New York and was adj
dressed 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 il
has been removed.
Manager Lilienthal said he would not
,ay the money over until advised to do
1.xrh
mpediment should present itself, the
money will probably change hands to-
morrow.