New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-07-25
NO SPARRING TONIGHT
MAYOR WURSTER REFUSES A LICENSE
IN SPITE OF THE MANDAMUs
THE LAW ENFORCEMENT SOCIETY ALSO PRO-
POSES TO TAKE A HAND IN THE AFFAIR

THE LAW ENFORCEMENT SOCIETY ALSO PRO-
POSES TO TAKE A HAND IN THE AFFAIR
AGAINST THE SURF ATHLETIC CLUB.
Notwithstanding the mandamus granted by Jus
tice Osborne. OF the Supreme Court directing the
Mayor TO issue frst-class theatrical license 10 the
Surf Athletic Club, Of Coney Island the Mayor
does not think that he can be compelled to issue
the license. He has appealed from the decision
OF Justice Osborne. and the matter will be taken
before the Appellate Division OF the Supreme Court
when that body meets in the fall The Mayor re-
fused TO grant the application for a license which
was first made TO him by the officials of the club
and then recourse was had to the The
matter argued before Justice Osborne who
handed down decision. in which he said that he
thought the Mayor had shown reason why he
should not issue the license even II he had dis
cretionary power in the matter. which was dis
puted by the club. He issued an order directing
the Mayor TO grant the license. and the order was
served on Mayor Wurster yesterday morning. Mr.
Wurster said that he had appealed the case. and
that he would not grant the license until the mat
ter had been passed upon by the Appellate Court.
Under ordinary circumstances an appeal from
judgment acts a stay. but when mandamus
is secured It does not. No stay obtained by
the Mayor, and IN consequence General Almet f.
jerks. counsel tor the club. yesterday obtained
from Justice Osborne order requiring the Mayor
to show cause Monday why he should not be
order Of the court. sparring bout was scheduled
TO take place at the clubhouse last Wednesday,
but on account of the mandamus proceedings it
postponed unit. this evening. Now II VIII
have 10 be Indefinitely postponed for If Justice
Osborne grants stay pending the appeal from his
decision the case cannot be heard before October
and the club VIII have to stop business until that
time.
Should the Supreme Court by any chance order
Mayor Wurster to issue license to-day. the Law
Enforcement Society proposes 10 be In the ring and
have a hand in the fight. Yesterday the society.
through its secretary. sent the following open let
ter to the Mayor
BROOKLYN n Y. July "a. 1890.
Hon. Frederick ". Wurster Mayor Of BROOKLYN
Dear Sir: The form tsome people call II a farce
o. gf'ng ont vG TO issue license to 500
called athlec club at concy Island to- indulge m
ton that the intention Of the parties TO have
przefghts. has been complied with. TINS same
thing gone through with before Judge cay
nor, when the Hon; Charles A. schieren was Mayor
would respectfully refer you TO what his Honor.
pose was there in going over the same ground
again in the same way, in the same court, but be-
TS5e Of he Po now as them 'o
though they got the license nen no eag DoN
III the gentlemen interested thought they would
Osborne they were doomed to disappointment. If
they attempt 70 pull off. any prizefight in Kings
in the arena. this time without gloves
We promise your Honor all the assistance we
c 5'f'5S Ct &''' - s''' ~ prevent ''
we want no more such disgraceful and brutal
shamed Brooklyn under the old ring
ct DE QUINCY FULLY.
Secretary Law Enforcement Society"
Mr.. Tully reiterated last evening the statement
in his letter that he would handle the athltc
club without gloves" and said that he would
that the police did their duty. providing a fight IS