Daily new dominion. [volume] (Morgantown, W. Va.) 1897-1906, 1901-02-08
NASH NOT WORRIED.
Governor and Attorney General
Following the Law.
DETEgMIsEDTo PREVENT NUISANCE
At the Hearing In Cincinnati Aitusions
Made a. to the Action of the Governor
In Writing to tile sheriff and District

1asts as TO the action OF the GONsruor
In Writing to tile sheriff and District
Attorney While the Issue Was In Court.
Columbus, o., Feb S.-The action
Of the state emergency board in yot-
ing an appropriation of $4,000 for
che expenses OF the troops to stop
the Cincinnati fight was being seri-
ously questioned here. It was held
that there were several irregularities
in the action which constitute sutfi
cielt grounds TO enjoin the adjutant
general from using the militia under
the authority granted by the board.
However. it was claimed that the
governor could override the injunction
by declaring martial law In Hamilton
county.
Governor Nash was not worried
about any of the questions that had
been raised as to the legality of his
action in preparing to stop the Jef'-
| fries Rubin fight Mt Cincinnati The
governor and attorney general had
both examined the law very closely
and they felt that they followed the
law in every step that has been taken
None of Governor Nash's friends
here believed that he will be com
PEELED to go to the full extent of the
law, but they all said positively that
he will do so II necessary. 1t was
intimated here that should troops be
required to prevent the fight request
will be made for them by the sheriff
of Hamilton county.
AssaiIed Nash at Hearing.
Cincinnati, Feb S.-The plaintiffs,
who asked for Il permanent injunc-
ton against the prizehght. rested
Thursday without calling one-tenth
of their witnesses. The defendants
had two strong witnesses in Hobart
and Dieterle.
In the arguments Thursday be-
tween council over the competency of
evidence and the submitting of GER
tain documents there were sharp al
lusions to the action of Governor
Nash In writing to the sheriff and
prosecuting attorney regarding the
proposed contest While it was being
tried on its merits in the courts.
These arguments showed that the
principal issue is whether the event
or prizetight. If a permanent in
junction shall be granted against the
event as nuisance then the defend
ants announced that they would deny
| the jurisdiction of the court.
Attorney General Sheets addressed
the court in defense of the action of
Governor Nash. who. he said, was
doing what the governors Of all other
states would do. except the governor
of Nevada. He said the papers and
all others were referring to the event
of Feb. 10 as q prizefight and the
governor did not regard it as any
thing else. and therefore as a felony
| under the Ohio laws.
While it WAS held in open court that
| Governor Nash would use the whole
! power of the state to prevent JEFF
| fries and Rubin from meeting here
| Feb. -. much time was devoted on
| Thursday to showing the high stand
| ing in business and social circles of
the directors and members of the
Saengerfest Athletic association and
| to show that they had never VIC.
| lated laws and We're acting in good
| faith in their arrangements for the
| contest. The directors of the Saen-
gerfest Athletic association testified
! that. with the exception of the minis
| tiers and women, as a class, and a
very small element of professional
and business men, they found the
sentiment of Cincinnati almost unan-
| imGusly in favor of the contest. They
| testified to the German press and all
classes of German organizations be.
| ing bitterly antagonistic to the oppo-
sition of the contest.
Resolutions Admitted As Evidence.
The court admitted as evidence the
resolutions adopted by various Ger
man societies against those who are
opposing the boxing contest Feb. 10
for the benefit of the old Saengerfest
association TRANSACTIONS Of these
resolutions were to be admitted in
evidence today, as ordered by the
court Thursday. The questions pro-
pounded to directors of the Saenger-
fest Athletic association as to what
they knew about athletics in general
| and the rules of the Marquis Of
| Queensberry in particular, led to
scenes of bitter disputes Thursday
1t was evident that there was more
than the usual feeling of opposition
among the opposing counsel and their
| clients