Waterbury Democrat., 1901-02-04
: FIGHTS IND 1|6HTas.


 Governor Nash has Given the
 Big Fight 8 Solar Piexus.
 It Looks Now as Though the Battle
 Will Not Take Place-The Promoter
 Are Still Busy and Hope for the Bes1
 Notes on Coming Battles.
 Cincinnati, Feb 4-Sunday brought luil Ill loaenserIesI contest aualrs both legal and athletic. Herman Witte. attorney for the promoters o1 the contest, said last night that the series of telegrams from Gov Nasl Saturday night had had no effect o1 the status of the case. His clients feel that they are acting within the requirements of the law and see nc reason why they should abandon theil plans. When asked how much the di- rectors would be out if the contest was stopped he said about S1O,UOO.
 Harry Hoffheimer, prosecuting at torney of Hamilton county, said yes terday that he would be governed in his actions as duty dictated. As the proceedings before Squire Roebling which were to have been heard to-day, have been postponed for another week the injunction case before Judge Hol lister will come first, tomorrow If the injunction is allowed, of course the case before the squire will not be tried. IT the Injunction is not granted then MT HoHheimer will try the cases of Jefries and Ruhlin, who have been arrested for preparing to engage in n prize fight. He would make it his busi- ness to investigate the insinuations from Governor Nash that these arrests were cut and dried affairs in order to defeat the. ends of justice, he said
 Sheriff Thomas Taylor, who received letter of instructions early. yesterday morning from the governor with re gard to his official duties in the prem jess. says he will watch the proceed ings closely and take any steps that may seemtO him to be proper and necessary in the discharge of his off cial duty. He is ready to act when that time comes.
 Jeffries took no exercise yesterday and put in the time reading and nursF ing his wrenched knee. which is still quite sore. Delaney says training will be resumed in earnest today and has no fear of the contest being prevent ed. Ruhlin also kept indoors all day there being almost continuous cold showers and the roads a mass of mud and slush.
 The John c. Roth Packing company and other signers to yesterdays com last night received another message from Governor Nash in which he reiterated his intention of prevent ing he contest occnr1tpp to tho dence now at hand. He points out to the friends of the battle that even the much-quoted statute they seem to rely on in carving out their enterprise really prohibits such affairs
 "The proviso upon which you rely reads as follows: Provided that nothing in the foregoing shall apply to any public gymnasium or. athletic club or any of the exercises therein if written permission for the specific pur- pose shall first have been obtained from the sheriff of the county. or if the eX- ercises or exhibition is held within the limits of a municipal corporation of the mayor of such .c0rporation.'
 ''In my opinion the proviso covers only exercises among the members of the club and exhibitions in which members only take part. Even if my is too strict, it does not authorize the bringing together of noted prizefghters and the offering of a large purse to the one who prevails over the other.
 Again the Saengerfest association of Cincinnati and the exhibition which it proposes to give is not such an as- sociation. and not such contest as is contemplated by section 6.890. As understand the contest between lief fries and Ruhlin was arranged for by the name of Witte before the associa tion even had a legal existence. It has no gymnasium or hall for athletic no distinct membership and none of the paraphernalia of an ath- letic club. It was organized simply for the purpose of dodging the law and bringing off a contest between two great fighters.
 '..The law cannot and will not be trif1ed with in this manner. I ear nestly ask you to look at the law as have explained it and I think you will conclude with me that you have been misled. As I have already said to you ill telegram. am firmly con vinced that this affair, if it comes off, will be prize fight --s
 Stating his reasons for believing that the alleged glove contest is to be a prize fight, the governor refers to the moving picture contract, which states that the prof1tshtQ be derived from these pictures sh nAe- divided equally between the association and the tighter or fighters" Continuing he says:
 1.-The winner of the contest is offered l larger prize by thousands of dollars than the loser This will cause them to strike not only skilfully, but hard. You say that your mayor and your splendid police force will be on hand and see that the law is not violated. | You express confidence in the integrity and ability of the mayor, of the police and of your policemen. Tn this feeling I fully share.
 But l am confident that the affair will be beyond their control if they do their bets The fighters will be very The immense multitude of people gathered from distant states and cities, some of them, at least, not tha hiphQSt order of cltt-