The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-01-30
Movement of Citizens, Backed by
OhiO's Governor, to Prevent the
hIin Fight.
HEARING EXPECTED SOON
PROBABLY WILL BE APP
Piled FOR TOMORROW.
Formidable Array of Legal Talent
Engaged by Both Sides-Decision
Possible This Week.

CINCINNATI, JAM 29-Suit was begun
to-day before Judge Howard Holllster, of
the Common Pleas court, TO enjoin the
proposed Jeffries-Ruhsin contest here Feb.
10. This proceeding Il in the name of the
State by Attorney General Sheets at the
direction of Governor Nash. 1t is under
stood. however. that the real instigators
are the ministers and other elements of
this city who are opposed to having the
fight pulled off here and who resorted to
every other means before this proceeding
In the state court. The petition that was
filed to-day declares the proposed prize
fight to be a nuisance, and a restraining
order Is wanted on that account rather
than under any of tho sections of the Ohio
statutes pertaining to prize fights.
No application for an injunction was
made to-day, as it is desired first to have
notices served on the defendants so as to
have hearing on the merits of the case.
While the State of Ohio is the plaintiff, the
defendants are the original Saengerfest
trustees. the members of the Saengerfest
Athletic Association. Jeffries and Rubin
and the members of the Geological Associa
tion, on whose ground the Saengerfest Hall
test would cause the gathering of 'toughs''
and idle and vicious 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 As
ISOLATION will not only accept service imme
diately, but also request as early hearing
as possible. Arguments may be made on
the application for an injunction on Thurs
day. when the attorneys of the opponents
of the fight will attempt to show that a
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 a petition to enjoin a
nuisance.
Those seeking to prevent the fight GER
'ainiy nave engaged very formidable
array OIL legal talent, including Judson
harmon VINO was attorney general under
IieVeiahd Gustave Wald, John W. War
rington. Lawrence Maxwell, jr.. formerly
solicitor general OF the United States. f..
w. kittridge and ]. w. Heron. AT the
hearing which Is expected within a dav
or two arguments will be made bv only two
or three Of these attorneys in connection
with the attorney gens sral, and then there
will be some strong statements IN Show
that the coming event is not a snarring
exhibition. but regular prizefight and az
such a nuisance. This is the charge that
is made before the fight occurs. while n
would be held to be felony after the
fight occurred. The attorneys for the Sasn-
gerfest Athletic Association are ex-Juaga
Hiram d. Peck, Frederick Hertenstein. ex-
county solicitor Bettinger & Goebel. Will
son & Wilson and Herman j. witte. These
attorneys have been advising the Saenser-
fest Athletic Association from the begin
ming that they Were. proceeding within
the bounds OF the law and could pull the
fight off here without the violation of law
After arguments are heard Judge HolIister
may reserve his decision for a day or two.
so that the present legal complication will
not be disposed of before the last of the
week.
Jeffries and Rubin. who were arrested last
night and held in 81 600 bond. will have their
hearing on Thursday. Very little interest
Is taken In this proceeding in the court
of Squire Roebling. rs il is understood
10 be a friendly actiou under Section 7l17
OF the Ohio statutes. and that the defend
ants will both be released after their hear
ing on Thursday. Ii IL even currently re-
ported that this acton was taken by
friends OF the promoters OF the fight In
order 10 forestali such action on the part
OF others.
1t is stated tonight that the suit to en-
join the Saengerfest Athletic Association
win be heard BY Judgs Hollister Monday,
Feb. II.