The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-01-11
70 FIGRT OR NOT 70 FUGHT
THAT is THE QUESTION OF LEAD
ING INTEREST IN CINCINNATI
JUST NOW
sAENGERFEsT FOLKS SAY YES
While the Law and Order Cohorts
Say II Is Wicked to Fight
and, Furthermore,
Illegal.


CINCINNATI, Jan. 10.-The ], NEies-
Rubin fight on Feb. 10 has not been de-
clared off by the Saengerfest Athletic
Association of Cincinnati, NOW: thsIand-
ing reports today to the contrary. But
mare formidable opposition than ever
heretofore developed today against hav-
ing the fight pulled off in Cincinnati.
The directors of the Saengerfest Ath-
letic association were in session from 10
a. N. until l p. m, and after an adj
journment announced that they had not
considered the question of declaring the
fight off, but that they had been in con-
Bultation with their attorneys on plans
for redress against those who have cir
cnlated false reports about the fight be-
ifg declared OF. The directors met again
at p. m. with their attorneys, and at
D. m. handed out to members of the
press that were awaiting the result of
their action the following statement.
which is said to have been prepared by
legal counsel and unanimously adopted
by the c:-e>t tors.
I'm relation to the proposed contest
announced for Feb 10. the board of di-
rectors authorized the following state
meC>: AZ ,er a session with their coun-
sci, they have not changed their posi-
the contest is eff is in no way author
led
AS soon as this statement was given
out the directors adjourned and an
nOunced that there would be no other
meeting tonight, and that the arrange
ments for TIE contest next month were
proceeding satisfactorily.
sA-:;GE2F IN FOR IT.
Contracts have been let for remodSling
Saengerfest hall, and the workmen are
now busy at that place. The Saenger-
fest club has an old debt of SOC Coz, and,
in addition to the 5000 forfeit. con-
tracts for oyer $1,000 in remodeling the
hall. etc, and it is claimed that they
will be involved for about $4,000 unless
the fight is pulled off.
When it was first proposed to have this
contest here for the benefit of the old
Saengerfest board, Mayor Fleischmann
promised that he would issue a license
or permit for the fight. He still insists
that he will keep his word, but the permit
has not been as yet issued Meantime his
corporation counsel rendered an opinion
that the permit could not be legally is
sued, and Judge Davis instructed the
grand jury to consider the matter These
pro".ediEeS gave rise tt the report that
the igIIl would be declared off.
Mayor Fleischmann passed the whole
matter up to the Saegenfest Athletic as
ISOLATION. calling attention to the opin-
ion of corporattin counsel and the in
structions of Judge Davis to the. grand
jury.
Corporation Counsel Wade Ellis held
that the contract would he Illegal and
that the mayor therefore would have no
power to issue a permit. 1t was held
that action in the matter so far shows
that the event would be prize fight
and not merely a sparring match and,
therefore. a felony under the Ohio stat
utes-that even if it was a sparring eXhi-
bition. as provided fox by the laws of Ohio.
the Saengerfest Athletic club would not
come under the jurisdiction of the Ohio
statutes and the legal formality in Or
ganiZing the corporation known as the
Saengerfest f++.ietic associat ion was one
for profit, hG' hg not been in compliance
with the laws of the state for gymna-
Sums, athletic clubs, etc.
- The present Saengerfest Athletic Asso-
citation of Cincinnati was Incorporated
after the articles were signed between
Jeffries and Rubin, and it is claimed that
it will dissolve after Feb. 15
OPPONENTS UP IN ARMS.
The opinion of the corporation counsel
and the action of Judge Davis, together
with the persistent rumor today that the
fight would be declared off. have greatly
stimulated the efforts of the ministerial
association, the women's CUES AMI all
other organizations here that have been
opposing the fight. The Evangelical alli-
ance even went so far as to call special
meeting for a praise service next Mon
day on the assumption that the fight
would be declared off by that time. This
meeting, however, was called before the
directors met at 4 p. IN. today. While
the directors of the Saengerfest Athletic
association and their many friends are
more determined tonight than ever that
the fight shall be pulled off. however, on
Feb. 10, yet it is evident that resort will
be made to every possible legal obstruc-
ton and to every other opposition that
can be made against the holding OF the
fight here next month and the prepon-
derence of popular sentiment about the
city is that the opponents of the fight
viii win in the end.
The following is the Ohio statute under
which Corporation Counsel Wade Ellis
advised Mayor Fleischmann that the fight
was Illegal under which Judge Davis
today instructed the grand jury and I'M
der which the counsel of the Saengerfest
Athletic club as well as OF the ministers
and opponents of the fight have been CIV
ing legal advice:
THE LAW IN THE CASE. -
Section III When a sheriff, constable,
marshal or other police officer has reason
to believe that any person in his baili-
wick is about TO engage as personal
or second in any premeditated fight or
contention, commonly called a prize fight
or is in training or preparation to en-
gage as principal in such fight, he shall
forthwith arrest such person and take
him before a judge of the court of COM
mon pleas or magistrate, named in sec
ton 7l06. and give notice to the prose
cutting attorney who shall inmedifA ely
attend before such officer, anG upon the
proper affidavit, being filed, prosecute
the complaint. Such officer shall hear
the witnesses produced on oath, and If
he finds the complaint true, order the
accused to enter into a recognizance
with sufficient sureties, in sum not
less than $500 nor more than $4,000 that
he will not engage in any such fight or
contention within one year thereafter in
this state or elsewhere and in default
of such recOgniZance such officer shall
commit the accused to Jail, there to re-
main until such order is complied with;
but if after the expiration of one month
OF confinement the accused is unable
to give such recognizance, aeiudge of
the court of common pleas or probate
judge may discharge him upon his own
recognizauce, in the same amount and
with the like conditions, upon proof by
his own information
Late tonight the sentiment seems