New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-06-16

BIG FIGHT IN BALANCE
Continued from first page

the Governor became known, but the
promoters did not say whether they
would extend this order pending a court
decision
Legal proceedings, it is believed, will
make no difference at the camps of the
fighters. It is probable they will go on
with their training as though nothing
had happened, but the whole question IS
in such q disturbed and unsettled state
tonight that it is hard to predict what
the next move of the interested parties
will be.
District Attorney Fickert mention Of
whom is made by the Governor in his
letter to the Attorney General, dis
played some bitterness when asked for
g statement
He said that the Governor had heed
ed the clan1or of the mob" and made sa-
tirical reference to political capital"
However, he concluded. L still be-
lieve that the fight will be held here, as
the courts are more powerful than the
Governor
Seeking a reason for the action of Gov
ernor Gillett, following his repeated dec
l6ratiens that he did not believe the
fight could be prevented, and that he did
not purpose to begin useless opposition,
many think that pressure was brought
to bear on him from Washington; that
the states representatives ar the ma
tional capital have informed him that the
holding of the fight was standing in the
way Of San Francisco's effort to procure
the Panama Pacific Exposition.
Sportsmen tonight generally expressed
themselves as believing that the good
days of pugilisna in California are over.
and that, even though the Jeffries and
Johnson fight be carried through. the
next session Of the Legislature will be
forced to go On record as prohibiting
bouts Of more than q few rounds
Governor Gillett, in his letter to the
Attorney General, says:
Many complaints are made at this Office
ing against this so-caIled fight and re-
guessing that some action be taken by the
proper authorities TO stop the same.
The District Attorney of Sar Francisco
has informed me that he does not propose
to interfere in the matter.
The nrst session of the Legislature held
in this state in the year 1850. enacted a law
making it a felony for two persons to fight
each other upon previous agreement upon
a wager for money, or any other reward.
his law has been amended from time 10
time, but never so as TO make prizefighting
lawful
In 1903 the Legislature again amended the
law relating to prizehghting. While the
law as amended permitted ''sparring ex-
hibitions" for a limited number of rounds
with gloves, 10 be held by domestic in
corperatsd club, il did not remove the ban
which the laws of this state have always
placed upon prizefights. and while sparr-
ing exhibition under certain conditions
and restrictions IS permissible under TINS
act, a prizefght still remains a felony
Therefore. the question arises what IS
prlzefight and what is 'sparrlng e1hibl-
tion?'' The former is a crime; the latter IS
lawful 1t is claimed by many that the
contest soon to take place between JeHrles
and Johnson is te be a prizefght, as that
term is understood in the law, and there
fore crime under our statutes.
If this is true, it should be prevented, but
II carried out the interested parties siioul"
In my opinion prizefght exists Wnen
there is expectation of reward 10 De
gained by the contest or competllon. elther
to be won from the contestant or 10 oe
otherwise rewarded, coupled with an intent
to infict upon such contestant some degree
Our Supreme Court has never defined a
priZefght and believe that an opportunity
should be given it to do so.
To show that the sO-Called 'sparr1ng ex-
hibtions'' held in this state under the aus
pices of incorporated athletic clubs, nave
not been SD6Trlng SXhlDlflOnS. DEJ pIlZe-
fights, I need but refer to the files OF our
daily newspaper
I will call your attention to two or three
Of the recent ones. First, the Moran Me
Carthv fight The Oakland Tribune in
lis issue of April so, in reporting it uses
!Affer ths sixteenth round had gone some
fifty seconds Moran landed blow on Nc
Carthys jaw. It did not look to be the
over backward, his head seemingly drop
ping below as though his neck had heen
injured and as he struck the floor the
sound Of the impact could be heard
Next the Wolgast- Nelson fight took place
on washingten's birthday Gt seems mat
rrizeighters always want 70 fight on NaSh-
ingtcnFs birthday, Decoration Day ana IN
dependence Day.. It was reported IN AL
the daily papers of the state BY rounqs.
In the same issue of The Chronicle Is
report Of the fight between Cenley and
AtteiI near Los Angeles. I quote, from u;
After wearing his opponent down until unit
he practically had no strength left with
which to make adequate defence mlch
less TO put up an offence style OF oatt4e.
Frankie Cenley rushed IN and gave Monte
Attell such a terrific. drubbing IN the forty
second round in their scheduled forty-fve-
round fghl at Vernon this afternoon that
the San Francisco boy was unable TO arise
when knocked down
If these contests were not prizefghts then
the historic battle between Heenan ana say
ers was not one: | have no doubt thet me
coming contest between Jeffrtes and Jonn-
son will be a repetition of the brutality
mentioned in the foregoing fights. only on
z larger scale.
If the court. upon your petition, refuses
to grant the relief prayed for therein and
permits the parties interested TO proceed
as advertised then I desire you, on behalf
of the people of the state 70 gather ali evi-
dence possible. and If the contest is carried
out as advertised and the parties fight for
a purse or for reward and infict upon
each other bodily injury, then you are to
cause the arrest of the principals and those
interested with them IN promoting the tght
and try them on a felony charge for vio-