Omaha daily bee., 1902-09-20
KNOCK OUT FOR KNOCkOUTS
Kentucky Appeal Court Sus.ainI Injunction
Of Prize Fight,
@eovERN AND coRBETT ARE ABANDONED
Manager Gray Of Southern Club says
He Doesn't Propose 60 Go Against
Court and VIII Repay
Money.

FRANKFORT, Ky, Sept. 19.-The in
junction granted yesterday by Judge EN-
nett Field Of the Jefferson circuit court,
restraining the Southern Athletic club and
others from pulling of the McGovern-Cor-
bett contest for the featherweight cham
pionship Of The world at Louisville on Mon
day evening next, was sustained by Asso-
ciate Judge James d. White of the court
Of appeals this afternoon and the contest
will not be held in Kentucky.
Judge White invited the full bench OF
the court to sit with him and hear the
case, which all but one member did. and
the decision is one of the court, though the
motion to dissolve the injunction was made
before a single member of it. A major
ity of the court expressed the opinion that
the glove contest which was enjoined in
the lower court is a prize fight, and that
It is immaterial whether the purse was
to be evenly divided. The six members
of the court sitting we're divided equally
on the most important legal question
raised in the case-thst Of whether the
chancellor had power to by injunction re.
strain the commission Of a criminal act
The opinion of the court is brief. In full
it reads:
"The majority of the court who heard
the application to dissolve the injunction
Of Judge Field are of the opinion that the
contest which has been enjoined is a prize
fight, and that 1t is not material whether
the victor in the contest is to receive more
of the reward offered than the van
pushed.
"The court is divided equally on the
question whether the chancellor has pre-
v%entive power to restrain the holding OF
such a contest, Chief Justice Guny and
! Irdroo Urht.o ard n,z.o.a hat1{n- ~.
alive and Judges Durell, Hobson and Grear
holding the affirmative. The motion to dis
solve is therefore denied"
The argument OF the motion to dissolve
consumed five hours time, and Judge White
filed his opinion after thirty minutes con-
sultation with his associates of the court.
The argument attracted many Of the in
terested parties to the court chamber,
among them Manager r. c. Gray of the
Athletic club. He was sorely disappointed
at the action OF the court, but stated that
1t was final so far as his club was con-
cerncd. He said that there would be no
attempt to pull of the fight anywhere in
Kentucky so far as he knew. The decision
is, so lawyers say. so far-reaching that II
will prevent all boxing contests in Ken
lucky in the future.
Gray Gives Up.
LOUISVILLE. KY, Sept. 19.-Robert C.
Gray, manager Of the Southern club, tonight
declared the t~enty-ruund contest between
Terry McGovern and Young Corbett, sched-
uled for next Monday night, off so far as
his club was concerned. Mr.. Gray an
nounced that the $50, 900 worth Of tickets
which have been sold for the bout will be
redeemed at any bank.
The Southern Athletic club is out about
5000, including the forfeit of $4,000 put
up to insure the bringing off of the con-
test.
Although the Frankfort decision Is con-
coded to be a knockout blow for boxing
contests in Kentucky, there is some belief
in Louisville. that the fight will be held
Monday night. Today's injunction was
against the Southern Athletic club and Mr..
Gray, and the latter announced tonight
that his club had severed all connection
with the event and submitted to the courts
decree. This, of course, leaves the field
open for some other promoter to take up
the contest, as neither pugilist was en-
Joined by today's decision. nor was a ban
placed upon boxing contests in Louisville,
At midnight 1t was announced that the
fight was OF absolutely and Internationally
An attempt was made to have the two men
appear in a siX-round bout at one of the
t~heaters, but this was objected to by Nc
Governs manager. and after a conference
Of several hours duration between several
sporting men the idea Of having the two
men appear was given up.