Waterbury evening Democrat., 1907-11-23
THE KNOCKOUT BLOW
City Attorney Kellogg Quoies ihe Law, Bnt Siraddles the Real
 Question al Issue.

| ClIy Attorney JOnn r. Kellogg has given his opinion in regard to the proposed boxing exhibition to be given in this city on December 6, by the National Athletic club. It says that boxing exhibition is legal while prize fight is a serious offense. His opinion was asked by the board of safety who did not wish to grant the application until they had heard from MT Kellogg. The opinion follows and speaks for itself:
 Waterbury, Nov. 21, 1907. To the Honorable Board of Commits sloners of Public Safety, City of Waterbury:
 In response to the request of your honorable body contained in the fol- lowing vote:
 voted, That copy of the petition Of the National Athletic club for per- mission to hold sparring exhibition be transmitted to the city attorney, and he be requested to furnish this board, on or before Monday, Novem- Der 20, 1907, with an opinion as to whether the board of commissioners of public safety can legally grant such petition.
 would respectfully advise you,
 mat sparring exhibition, pure ana simple, is not an offense either agalnst the law of the state or the provisions of the charter of this city, provided section 3 of the ordinance entitled Good Order and Decency, IS compiled with. 1 must advise you, however, that under the law of this state prize fighting is a serious offense covering not only the participants. put any witnesses, or anyone who in any way has aided or encouraged such fight. The sections set forth this of- fense are as follows:
 Section 1882. Prize Fighting Every person who shall be principal or second in any prize fight in this state shall be imprisoned not more, than five years, or fined not more than one thousand dollars, or both. JAS amended, see chapter 1858, public acts, 1903).
 Section 12S3. Witnessing or Aid ing Prize Fights. Every person who snail be present at any prize fight. to ald, abet, or assist therein, or give countenance thereto, or who shall aid or encourage such fight, in this state. without being present thereat, shall De imprisoned not more than two years, or fined not more than five hundred dollars, or both.
 Since the passage of these sections the state has set forth a definition of prize fighting in chapter 157 of the public acts of 1903, reading as fol- lows:
 "A contest in which blows are struck which are intended or calcu- lated to stun. disable, or knockout either of the contestants, or in which either contestant is counted out or otherwise declared defeated because Of failure to resume the contest with. | Tn certain time, shall be deemed A prize fight within the meaning of section l2S2 of the general statutes. ."
 If 1t seems possible to your board that a sparring exhibition can bt given which would not violate any portion of this definition, and that it | will be contest in which no blows are to be struck which are either in- tended or calculated to stun, disable, pr knockout either of the contestants, pr in which either contestant is not to be declared defeated for failure to re- sume the contest within a certain time, then am of the opinion that you can grant a permit for the exhi- bition proposed.
 On the other hand, if you are of the opinion that in the proposed contest there will be blows struck calculated to stun, disable, or knockout an op- Donent, or that the contest may be decided by the failure of one to con- tinue within a limited time, then you should not grant the desired permit
 Respectfully.
 JOHN P. KELLOGG.
 City Attorney.