Los Angeles herald., 1906-07-22
FREDERICyS TAKES HAND IN
BOXING AFFAIR
District Attorney Declares That Jury
Would Not Convict Star Thester
Entertainers and Denounees
State Law

OF Chief of Police 'ube against Frank
c. Thompson, manager of the Star
theater; ]. w. Campbell and ]. H. Dam
iels. boxers, ID j. A. MCGUIRE, referee
and manager of the two fighters, who
were arrested week ago last night
The affair as laid before the prose-
cutting attorneys early last week and,
after a full investigation of the case
and of the state law and city ordin-
ance, they refused to issue complaint,
although this was demanded by Chief
Auble.
From present Indications trouble be-
tween the chief and his forces and the
attorneys who occupy offices on the sec
ond floor at the central station, seemed
to be about 70 come to a head. It is
said that the trouble is deep seated
and that there is a political end to It.
The chief says he is doing his duty and
the attorneys claim they are simply
doing what the law directs them to do.
The chief of police openly asserts
that there is difficulty in prosecuting
different parties because complaints
cannot be obtained. The attorneys say
they never refuse to issue a complaint
when a complete case is laid before
them. They say the police bring cases
to them at different times where the
parties may be guilty, but that there
are no grounds upon which to prove
their guilt under the law.
Sustained by Fredericks
District Attorney Fredericks has sent
letter to Chief Auble, approved bv his
deputies and assistants, in which the
action of the prosecuting attorneys is
sustained. An excerpt from the letter
regarding the case follows:
"It would appear from the reading
of the statute that the conditions are
first, that the exhibitions must be given
under the auspices of a domestic in
eorporated club;' second, that the club
pay an annual license tax fixed by the
governing body Of the city; third, that
the club comply with the rules and
regula tions fixed by the governing body
of the city with reference to said eX-
hibitions; fourth, that the gloves used
should not exceed five ounces in
weight, and, fifth, that prior to said
exhibition the boxers shall be examined
by a physician who shall determine
that they are in perfect physical con-
dition to enable them to proceed with
the exhibition. \
Before considering the conditions
under which a sparring exhibition may
be held, we should consider the evil
dence upon which the complaints are
sought against the defendants whose
acts are now under review. 1t appears
that the Star theater in this city. on
the night the two boxers were arrested,
had several attractions for the amuse-
ment of its patrons. including three
round sparring contest between the two
boxers arrested.
THE sparring contest Eas only one
of the attractions given, and in the
exhibition t does not appear that either
one of the boxers was injured in any
way; therefore, we must assume that
it was not the intention of either boxer
to inflict bodily injury upon the other
and we cannot believe that if two per-
sons should box for points only and
without the intention or purpose of in
flicting physical injury, and one of the
means of determining the intention is
by results, that a jury would convict
the BOXERS and especially when the
case is taken into consideration.
I'VE are satisfied that the spirit of
the law, in the light of this evidence,
has not been violated to such an. ex-
tent as to warrant us n submitting the
matter to a jury"
Declared Class Legislation
The letter also deals with the state
law, which it declares to be class legis-
lations, as follows:
Now as to the first conditions
(meaning section Az of the penal code),
which provides that sparrilg exhibi-
tlons can only be given by domestic
incorporated clubs. we are of the opin-
ion that this condition is clearly class
Legislation. Why shoulG not natural
persons be permitted to give such con-
tests as we'll as artificial persons, for
such is the domestic incorporated club.
The public surely is not benefited by
one any more than the other, Disrepu-
tabl characters may form a club and
be allowed to give exhibitions, while in
dividuals, though their regulations as
men In are are good o.,[ are prohibited from Civ
'In prosecuting these boxers under
consideration a jury might well ask
why it should convict merely because
the contest was not given by a domGs-
tic incorporated club. No good answer
could be given to the jury, yet we are
requested to send these men to the
penitentiary while men who have COM
mitted the same acts under the aus
pices of a domestic incorporated club
are permitted to go at large because
their acts were lawful, for the reason
that they spared under the manage
ment of an incorporated club. The
law as promulgated by the legislature,
with reference TO prize fights is surely
an absurd one, TO say the least, and
this situation as here presented rests
with the legislature and needs no
further comment from us.
''As to the second condition, the de-
PENDANTS could not comply because the
municipal authorities would not have
given them a license had they applied,
for the reason that they had not formed
a club.
I'm conclusion the entire matter ap-
pears to be resolved into this: That
the defendants are alleged to have com
mitted a felony. not because they par
ticipated in a s. airing exhibition, but
because they gave such sparring exhi-
bition without first having gone
through the formality of organizing
themselves into a domestic Incorporate
ed club No Jury 7ould ever convict
in such a case"
Would Be Unconstitutional
In the letter the attorneys take the
stand that there is no city ordinance
providing a district in which prize
fights win be allowed in the city. or If
there is such an ordinance it is not
constitutional.
The chief Of police says Ie is basine
his prosecution upon the city ordinance
which limits the "hght district" The