The San Francisco call., 1899-04-11
SUPERVISORS
MUST Be HELD
RESPONSIBLE
To LegaIize Sparring
Exhibitions.
CITY ATTORNEYS OPINION
PRACTICAL APPLICATION oFTHE
NEW LAW.
Legal Requirements as to the Pay
ment of an Annual License
Fee Is the Pertinent
Point.
CITY ATTORNEYS OPINION
PRACTICAL APPLICATION oFTHE
NEW LAW.

The popular belief that the law passed
by the last Legislature relative to spar
ring exhibitions has the effect Of legalizing
what has heretofore been illegal was ex-
ploded yesterday by City and County At
torney Lane in formal opinion given the
Board of Supervisors.
The statement in brief is that the new
law simply makes a provision authorizing
Boards of Supervisors to impose certain
conditions which, If complied with, will
make the giving of sparring exhibitions
legal If tho conditions are not complied
with. or if they are not imposed, then the
participants stand in the same position as
regards the new law as they did under the
former statute. In other words, to use a
sporting term, the Legislature has
passed the buck" to the Boards of Su-
pervisors Of the various counties, and it
now lies with the local legislative bodies
to act and thus become responsible for
what is done in the prize ring
The new law follows the language of
the old statute and makes all persons who
participate in, instigate or encourage a
prize fight or sparring exhibition guilty
of felony. To this is added the follow
ing proviso:
Provided. however. that sparring exhibit
tions, not to exceed a limited number OF
rounds, with gloves of not less than five
ounces each in weight. may be held by a
domestic incorporated club upon the pre-
payment by such club of annual license
to be fixed by the Supervisors of each
county.
1t follows that If the Supervisors do not
fix an annual license fee or having fixed
it 1t is not paid, then the persons engaging
in or promoting a sparring exhibition are
to be held guilty of a felony.
City and County Attorney Lane holds
that the Board of Supervisors is not nee
essarily required TO fix an annual license
fee and thereby give promoters Of spar
ring exhibitions an opportunity to legalize
what is otherwise held to be Illegal. Re
plying to query put by the board he
says
You ask further II you must impose an
annual license upon incorporated athletic
clubs proposing to hold boxing contests or
exhibitions" The statute provides that
sparring exhibitions may be held by GER
tain clubs upon the prepayment by such
club Of an annual license to be fixed by
the Supervisors of each county" There is
in this language direction positive and
explicit requiring the Board Of Supervisors
each county. There is not even implica-
ton that each county must necessarily fix
such q license. The act is an amendment
to the Penal Code. 1t does not purport to
do more than define a certain crime. If it
did the proviso would not have been ger
name and relevant to the enacting clause.
1t does not say to the Board of Super
visors Of Sisdyou County or Inyo County
athletic clubs giving sparring exhibitions
But it does say that If one now participates
in a sparring exhibition given by an incor-
porated athletic club which has paid the
license fee affixed therefor by the Board of
Supervisors he is no longer guilty of a
felony. And if the Board of Supervisors
does license sparring exhibitions of the kind
herein considered it will now be acting
within the law. But the statute does not
compel the board to fix an annual or any
license fee.
Further, the board may within its COM
prehensive police powers a municipal
legislative body impose other conditions
than those set forth in the statute upon
such exhibitions. But such conditions
should be imposed by general order or reso-
luton applying to all such exhibitions and
must not conflict with the conditions i'm
posed by statute. If a license is fixed it
must be reasonable. as must be all other
regulations imposed.
At their meeting yesterday the Su-
pervisors discussed the question of ex
acting a yearly license of $4,000 for the
privilege of promoting boxing here. The
matter was referred to the Health ant
Police Committee for further investiga
| ton. A permit was granted Washington
! Square Athletic, Club for a meeting or
| the 18th inst. The application of the Elk
ceisior Club was laid over until the
Health and Police Committee reports.