The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1910-06-18

San Francisco, June 17.-Judse vai
Nostrand to-day denied the attorney gen
erals application for an injunction TO re
strain the Kaufman-Langford tight 10
morrow, and Gov Gillett called upoI
Adjt. Gen Lauck for two companies o.
militia 10 prevent this battle.
IL throws a curious light upon the strug
gle now going on in this city The gov
ernor's order was made three hours be
fore Judge Van Nosuand had denied the
injunction. The troops viii arrive here
in the morning
This action OF the governor kills any
hope that TEX" Rickard may have had
that he could pull of the johnson
battle in Frisco. 4 similar call for troops
on the Fourth OF July would end that
contest as it has settled the Kaufman
Langford night
BayOnets Are Feared.
No one viii pay money to see a fight at
which the militia stand ready to inter
fere with fixed bayonets. sam Langford
expressed the fighters idea of the situa-
tion when he said to-day
Il amt afraid of no big white man like
Mister kaufman, but you don't catch this
coon goin' up against them soldiers bay
onets."
The application of Attorney General
Webb before Judge J. NJ. Van Nostrand,
OF the Superior Court of California, for
an injunction against the Metropolitan
Athletic Club TO prevent the Langford-
kaufman night a the new Open-aiT arena
at Eight and Howard street. was made
mainly on the ground that this so-called
boxing contest will constitute an in
decent, offensive, and disgusting spec
taole and brutal and debauching public
exhibition. and viii cause mangliug and
bruising of bodies OF combatants, wiIich
will appeal To the vicious instincts OF
the spectators, thereby constituting
public nuisance under the meaning of
section 34s9 OF the civil code"
The Injunction further declares that
the contest ''Will be indecent. offensive,
and revolving 10 the good senses, and
brutal and debauching exhibition. detri-
mental 10 good morals and injurious and
obnoxious to the public and inhabitants
Of san Francisco.
Denies Restraining order.
For these reasons the attorney general
asked that a temporary restraining order
be granted. Judge Van Nostrand denied
the application in brief order, mainly on
the ground that the defendants had not
been given a reasonable time to respond.
The gest of this decision was as fol-
lows
Il deny this application on the ground
that sufficient time has not been allowed
the defendants to present their case, and
for the reason that the issuance of
restraining order al this time would n
effect be an adjudication of the subject
matter ex-parte; and on the further
ground that if a breach of peace OF viO-
iatlOn of the law is committed as set
forth in the complaint at the said time
the matter can he acted upon by the
peace officers Of the city and county of
san Francisco, IL being distinctly un-
derstood that a denial of this applica-
tion in no wise affects the merits of said
controversy and is made on the sole
ground that sufficient time has not been
given the said defendants for the pre-
sentation Of their defense.
Gov. Gillett's order for militia was as
follows:
"Adit Gen. Lauck, Sacramento:
Make necessary arrangements at once
TO have two companies of militia in San
Francisco at . p. N. Saturday. June IS.
10 prevent a prize fight between Al
Kaufman and sam Langford, il the police
of the city do not interfere.
"Csigned) ]. y. GILLETT"
Governor Remains Defiant.
In talking about the matter. Gov. Gil
lett said: 1T is time these fight pro- /
moters learned that they cannot openly /
outrage the laws of the State of Cali |
fornia If they do not realize that fact /
yet. they viii do so when they attempt /
10 stage the bout Before any ring con- I
test takes place. these prize fight pro- !
moters will have TO whip the State OF I
California. That is final and irrevocable. /
L the promoters desire that kind of /
contest, the State is ready"
The governor also issued a statement /
in reply TO criticisms that he interfered |
at the eleventh hour. thereby bringing a /
heavy loss upon the fight promoters. 1
hotel proprietoTs. and others who had ]
gone to much expense to provide for a |
large number of visitors 10 the city.
The governor said he had turned over
the matter 20 District Attorney Frickert.
OF San Francisco, and expected that
Frickert would get out an Injunction /
and stop the fight When he returned
from the East and found that Frickert
had done nothing he at once decided
TO intervene himself. and he drafted the
proclamation made public Wednesday. In
regard TO the complaints of the promOt-
ers, Gov Gliett said:
Fight Promoters Raped.
1T is no excuse for commission of
a crime that officers of the law were
slow TO stop it. Men have no right TO
come into this State and deliberately
advertise TO the world that they propose
to openly break its laws, and If they are