The true northerner., 1901-02-01
BEFORE THE COURT
Suit Begun to Stop the Jeffries-
.Ruhlin Contest.
1T is DECLARED A NUISANCE


Suit is instigated by Ministers and
Others Opposed to the Fight-For.
midabIe Array of Legal Talent.
Cincinnati, Jan. 30-Suit was be-
gun Tuesday before Judge Howard
Hollister of the common pleas court,
to enjoin the proposed Jeffries-Ruhlin
contest here Feb. Is. This proceeding
is in the name of the state by Attor-
ney-General Sheets, at the direction of
Gov. Nash 1t is understood, however,
that the real instigators are the min
listers and other elements of this city
who are opposed to having the fight
take place here and who resorted to
every other means before this pro-
ceeding in the state court. The petit
tion that was filed Tuesday declares
the proposed prize fight to be a nui-
sance and a restraining order is want
ed on that account rather than under
any of the sections of the Ohio stat
utes pertaining to prize fights.
No application for an injunction was
made yesterday as it is desired first
to have notices served on the defend
ants SO as TO have a hearing on the
merits Of the case. While the state Of
Ohio is the plaintiff, the defendants
consist of the original Saengerfest
trustees, the members Of the Saenger-
fest Athletic association, Jeffries and
Rubin and the members of the Zoolog-
ical association on whose ground the
Saengerfest han stands. The petition
AYERS that the contest would cause the
gathering of "toughs" and idle and vi
cious people, whose presence in
crowds would be a menace TO life,
good order. property and the general
welfare Of the community.
1t is expected that the attorneys Of
the Saengerfest Athletic association
will not only accept service immedi-
ately, but also requests as early a
hearing as possible. Arguments may
be made on the application for an in
junction on Thursday when the at
torneys of the opponents of the fight
will attempt to show that contest for
heavyweight championship of the
world is not such as can come under
the Ohio statutes. They will then
show what they mean by petition to
enjoin nuisance.
Those seeking to prevent the fight
have engaged a formidable array of
legal talent, including Judsen Harmon,
who was encouragement under Cleve-
land; Gustave Wald, John w. War
rington, Lawrence Maxwell. Jr., form
erly solicitor-general of the United
States; T.. w. Kittredge and ]. w.
Heron. At the hearing, which is ex-
pected within day or two, arguments
will be made by only two or three of
these attorneys in connection with the
attorney-general, and then there will
be some strong statements to show
that the coming event is not a SPAR
ring exhibition, but a regular prize
fight, and as such a nuisance. This is
the charge that is made before the
fight occurs, while it would be held 10
be a felony after the fight occurred.
The attorneys for the Saengerfest
Athletic association are ex-Judge Hi
ram d. Peck, Fred Hertenstein, ex-
county solicitor; Bettinger & Goebei,
Wilson & Wilson and Herman j. Wit
te. These attorneys have been advis-
ing the Saengerfest Athletic associa-
tion from the beginning that they
were proceeding within the bounds of
law and could conduct the fight here
without the violation of law. After
arguments are heard, Judge Hollistec
may reserve his decision for a day or
two, so that the present legal compli-
cation will not be disposed of before
the last of the week.