The San Francisco call., 1908-11-25

seemed TO be in his favor and Judge
Seaweu was not long in determining
the issue.
on a pure question of law the court
decided that Gleason could not enjoin
the fighters from appearing under the
auspices of Conroth's club. The judge
did not venture any Investigations into
the signatures of the contracts, but de-
cided the matter purely upon the ale
cations in the complaint. Ere the at
torneys had time TO argue the writ
the court announced that the decision
had been reached.
There was a broad smile upon the
face of the winner as he listened 10 the
words of the judge. while the loser
simply looked around him as much as
to say. We'll, they have beaten me 10
it twice running now. and guess am
through The crowd quickly nled OUT
of the courtroom when Judge Seawell
announced his verdict as follows:
Under our civil code there Is an express
provision that no Injunction shall issue 10 re-
strain the breach OF eo1tract Of which the
court not enforce the performance The
court can not order specific performance Of
simply follows that the court not issue an
Injunction to restrain the breach of such con
tract The contestants IN this boxing exhibition
can not therefore be restrained from committing
a breach of their contract with the plaintiff"
Charles Peery. attorney for Gleason.
said he was aware OF the provision OF
raised the further point that the de-
PENDANTS had entered into conspiracy
to divert patronage from the place OF
business of Gleason TO that of Coffroth.
Such conspiracy. ne held, could be en-
joined.
we are asking an injunction not
alone against the performers, said
Pee-y, but against the promoters. The
complaint has been drawn on such lines
that it will come within the scope OF
the decision in the celebrated Lillian
Russell case.
Frank j. Burke, attorney for COff-
roth cited several cases bearing on the
question. and offered arhdavitS by ket-
chel Goffroth, OConnor and others, but
the Judge did not read the aff1daVits
Il 40 not see any way of getting
round the express provision OF the civil
CODE said Judge Seawell. AS to the
allegation OF conspiracy TO divert pat
ronage. that might be the basis of an
action for dana ges. The injunction
asked Sor is refused
MANAGERS RELIEVED
Both Tom Jones. Papke's manager,
| and Joe O'Conner, the director general
| of Ketchels affairs, heaved heavy
highs of relief when they heard the
news Though both expected the re-
suit, they were dubious at the elev-
enth hour and did not feel assured that
| the fight would be on till the legal
end of the question had been sSttied.
| Now that the court has finished
/ with the tangle, everything Is IN readl-
ness for the big contest. Both lighters
/ have ended their training and are
resting on their oars. awaiting the
! clang of the bell that will bring
them together to settle, for time az
least, the middle weight championship
1 of the pugifistic world
| Papke did not bother himself about
! the squabble at all. While the wran-
gle was going on he kept right at his
! work and only laughed when his
friends approached him with serious
/ expressions on their faces and bade him
prepare for the worst All he knew
was that he was getting ready for the
| fight of his life, and he did the best
he could
Outside of a little limbering up work.
Papke did not extend himself yester-
day. He finished the day weighing los
pounds, the exact notch which he will
have TO make for Ketchel at II 80 to-
morrow morning. All his worry is over
now and he seems to realize tt full
well, for there was never a more un-
day afternoon.
WEIGH IN THIS MORNING
Papke will leave his training quar-
ters at San Rafael this afternoon and
adjourn to the Hotel Fairmont. where
the hour of weighing in rolls around
He intends to go out on the road for
a little light exercise in the meantime
but even without this he will have nc
difficulty In making the weight.
Ketchel was two pounds to the bad
yesterday afternoon, but this did not
cause him any undue worry. He boxed q
few light rounds with Mike Mcclure and
ro aghed it around his Colma gymna-
SUM. At the conclusion of his day S
work the Michigon lion looked as iii
as. ever before in his life and was ap-
parently confident of victory.
Ketchel will do a little work this
Afternoon in order TO get within strik
ing distance of the weight. Tomorrow
morning he will leave his training
camp in time to make the Willis C
weigh in. Though some of his friends
seemed alarmed at his extra tive
pounds ketchel only laughed and told
them all to watch him.
The betting is still 10 to Z. with
Ketchel on the short end. and ever
money that Panke wins in is rounds