Evening star., 1896-12-18

I respectfully suggest that this is one OF
the cases which the law does, not recognize
1 hold that when professional pugilists
fight for $4,000 the civil side of the SUI
perior court will not attempt to referee the
mill. 1 therefore ask your honor to dis
solve the injunction and dismiss these pro-
ceedings."
Judge SandersOn's Opinion.
81 may as well dispose of this matter now
as at any other time, remarked Judge
Sanderson. 1.-The injunction was issued
here probably on the statement that this
was a physical contest which was permit
ted by law and given the sanction of law.
They have called this boxing match and
state that the supervisors have licensed a
boxing match in this city. If the gentlemen
will take the trouble to look into the die
tionary and legal lexicons they will find
that to box is to fight, that the terms box
ing and fighting are synonymous. The con-
seQue ace Is that this exhibition, whatever
1t may be called, entertainment or tourna-
ment. is fight which the supervisors have
sought to legaliZe. In my opinion under
the statute standing as 1t does now, they
can no more lagalize fight in this city
than they can lcgalize duel, and that this
Is simply an instance here of an attempt
under the ordinance to disobey the law.
There Is no doubt in my mind that these
men were fighting. must have been fighting
If the complaint is true, for if they We're
boxing they were fighting. They were COM
IQlttlnS an O1eNSG against the law ana II Is
elementary law, and no lawyer will chal-
lenge 1t, that no court. either of law or
equity, Will take cognizance of suit of
this character. the moment it is challenged.
Fighters ARG Indictable.
'"rhere is no question in my mind that
the parties to this engagement or exhibi-
tion, OF whatever YOU call it (he COM
plants calls it "a boxing contesD. are in
dictable under the law and that the people
no witnessed It are amenable to the law
as lawbreakers.f Il l understand that these
exhibitions are 0Eiven> because the people
and the police wink at them. But no court
will recognize Amy such proceeding and
there Is no doubt gin my mind that this in
junction should nave been dissolved and
1t would have been dissolved If the motion
had been made Immediately upon the heels
of issuing it, as the court, in fact, expected.
granted"
to dismiss the complafflt?'
The -CourtA"fes., the complaint should
be stricken from the file.'
No Recourse for Fftxsi mmons.
AS soon as the decision was rendered.
Fitzsimnfons and Manager Julian. who had
dropped in during the proceedings. slipped
out of the court room. Attorney Kowalsky,
who loitered a few moments, appeared bit
crestfallen.
What are you going to do now?" was
asked Il don't see what there is to do
responded the attorney, In way which ia
dicated that the sponge had been thrown
up and that Fitzsimmons had no further
strings to tho purse.
The police and district attorney will bring
the subject before the grand jury in an
effort to have everybody concerned indicted
for prize fighting.
Neither Sharkey nor his backer presented
the check to the bank for payment yester-
day afternoon. Manager Liienthal of the
bank stated he would decline to cash the
check pending the disposition of several
writs of garnishment against the amount
of the purse.
Fitzslmmons Makes a Statement.
Bob Fitzsimmons gave out the following
statement last night
To the public: desire to extend to the
many kind and sympathetic friends that
have made i's San Francisco my sincere
thanks for their words of kind cheer dur
irg my effort made In the court in my en-
Geavor to recover the 100000 which, though
hcrestly won by me, was as dishonesty
taken from me by the foulest conspiracy
ever perpetrated In the annals Of pugilism
| was induced to commence the suit in the
belief that the issue of fraud which
charge would be fairly and squarely met
snd11 vas encouraged in that belief when
Gen. Barnes stated in court that he wanted
the doors of Investigation thrown wide
oIen and wanted this case determined upon
Justice alone. Finding that the justice of
the case was with me and that had fully
established the fraud which I charged had
teen perpetrated. he sought refuge in the
weakness of the law to give me my just
rights and moved dismissal of the case
en- the ground that the contest was nothing
tut prize fight. and that the court was
therefore powerless to relieve. The utter
hopelessness of the defense in this case
was manifest when resort had to be made
to motion Of this character asking for a
decision which might involve the liberty
of the defendant as well as those conspir.
ing with him.
am pleased that the public know all of
the facts OF this case, and l am willing TO
stand or fall by their judgment Fully
realizing the great injustice done me, and
also done every fair-minded citizen by the
parties to this foul conspiracy, 1 still have
faith In the belief that there are honest
referees yet to be found in San Francisco
and announce myself as ready to make
any match with any dhe whom / have not
already defeatedt 1nak}hg. however, the ex-
cepuon In favort OF Sharkey, whom 1 am
willing to meet at his, pleasure
In conclusion l wollh assert that I have
always been an )aner} of foul bolws and
foui methods and~that the feeling, hope
viii continue with me so long as 1 shall
continue to be proud. of the honest and
true friends that have made while in
San Francisco. Yours sincerely,
ROBERT FITZSIMMONS,
me only recognized champion of the world