The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-12-18

now as at any other time. Perhaps it is
proper to say, as preliminary remark, in
Justice to this court of which am only an
humb bic member, that this is the first time
that this proceeding has appeared in this
court and been challeng ed by anybody.
I'm other words, it is the first time that
the right to maintain this action has been
presented to the court. Possibly there is
a prevalent opinion that the court has
been trying the case; but the attorneys,
mem bers of the bar and those who are
acquainted with legal proceedings know
that that is not fact. | have only sat
here the same as Judge, as magistrate,
as a person entitled to give oaths and to
hear testimony, simply for the purpose of
preserving tie testimony if it should be
needed. But this is the first time that the
right has been challenged.
The injunction was issued here, prob
ably upon the statement that this was a
physical contest which was permitted by
law and given in sanction of law. But
the reading OF the amended complaint
here shows. and l suppose it could show
nothing else-I suppose the ingenuity of
counsel coald not present in.anv other or
better light than they have-they have
called this boxing match, and that the
Supervisors have licensed a boxing match
in this City. But If the gentlemen will
take the trouble 10 look into the diction-
airy ana legal lexicons they will find that
to box is to fight that the terms boxer
and fighter are synonymous. And the
consequence IS that this exhibition, what
ever it may be called, or the entertain
ment or tournament, as counsel call it, is
a fight which the Supervisors have sought
to legalize.
"In my opinion, under the statute
standing as it does now, they can no more
legaliZe fight in this City than they can
legalize a duel; and this is simply an in
stance here of an attempt under the or
dinance to disobey the law. There is no
doubt in my opinion (Mr. Frederick
challenges the right here) that these men
were hghting-must have been fightin g
II this complaint is true. For, IL they
were boxing they were fighting. They
were committing an offense against the
law, and it is elementary law, and no law
yer will challenge il, that no court, either
of law or of equity, will take cognizance
OF suit OF this character the moment it
is challenged.
There is no question in my mind that
the parties in this engagement or exhibit
lion or whatever you call 1.-THE complaint
calls 1t boxing contest-are Indictable
under the law and that the people who
witnessed it are amenable as law breakers.
understand that these exhib tons are
given, and they are given because the peo-
pie and the police wink at them. But no
court will recognize any such proceeding.
And there is no doubt in my mind that
this injunction should be dissolved, and it
would have been dissolved if the motion
had been made Immediately upon the
heels of issuing it, as the court in fact ex-
pected.
The order to dissolve the injunction
will be granted"
General Barnes-How about the motion
to dissolve the complaint?
The court-Yes. the complaint should
be stricken from the files.
Fitz ,immons ana Julian were in court
during the session, and appeared rather
downcast when the Judge rendered his
decision. Sharkey, carp and Long
Green" Lawrence did not appear. The
purse is tied up by attachments against
Sharkey, and, after the lawyers, trainers
and the rest get their share of it, there
will be but very little left for the Sharkey
man