Omaha daily bee., 1910-06-16
California Executive Instructs At.
torney General to Prevent John.
son-Jeffries Battle.
WILL TAKE ACTION AT ONCE
Law Officer Says He Has No Option
in Matter.
LETTER OF THE GOVERNOR
Quotations from News Reports Of
Previous Glove Contests. q
FIGHT TO BE TAKEN TO NEVADA
RickRrd Says lie Prefers Salt Lake
City, but Intimntes IL VIII
Go TO Reno or the Town
ef Ely.
LETTER OF THE GOVERNOR
FIGHT TO BE TAKEN TO NEVADA


SAN FRANCISCO. June 15--Declarng
that District Attorney Fickert of san Fran
cisco had failed to take action, Governor
j. N Gillett today ordered that the Fourth
of july fight between j. j. Jeffries and
Jack Johnson be stopped by Attorney
General u. S. Webb The order is con-
tanned in a lengthy letter of instructions
received by Webb today. and directs that
he proceed without delay to take nee
essary steps
Il viii take steps to stop the fight at
once" said Webb at his office in this
city. My instructions from the governor
do not leave me any option in the natter
Following is the full text of the COVER
nor's letter.
Letter of the Governor.
STATE OF CALIFORNIA, EXECU-
TIVE OFFICE, SACRAMENTO, June Il,
l9lO.-Hon. U. S. Webb. attorney general,
San Francisco, California.-Dear Sir: /
desire to call your attention to a So called
prize fight to take place on the fourth of
July next in the city of San Francisco
between one Jim Jeffres and Jack John.
son.
Many complaints are received at this
office from prominent citizens of this
city protesting against this so-called prize
fight, and requesting that some action be
taken by the proper authorities TO stop
the same
The district attorney of San Francisco
has informed me that he does not propose
to interfere in the matter
THE first session Of the legislature held in
this state in the year 1850 enacted law max.
ing it felony for two persons to fight each
other upon a previous agreement upon a
w Oar for pan ,tEo
This law has been amended from time
to tme but never as to make prize fight
ing lawful.
In 1908 the legislature again amended
the law relating to prize fighting While
the law as amended permitted sparrlng
exhibitions, for limited number of
rounds with gloves, to be held by do
nestle Incorporated club, it did not remove
| the ban which the laws Of this state has
always placed upon prize fighting, and
while 'sparring exhibition under GER
tain conditions and restrictions is per-
missibe under this act, a prize fight still
remains a felony.
what in n Prize Fight
Therefore the question arises, what is a
prize fight and what is a 'sparrlng exhibit
ton" The former is a crime the latter is
lawful 1t is claimed by many that the
contest soon to take place between Jeffries
and Johnson is to be a prize fight, as that
term Is understood in the law, and there
fore a crime under our statutes
IF this is true, 1t should be prevented:
but If carried out, the interested parties
should be punished as provided by law.
Il believe that you should investigate the
matter and take such legal steps as may
be proper in your judgment, IL warranted
by the facts in presenting the case to the
court for It's decision and ask to have all
interested parties enjoined pending the
hearing.
our supreme court has never defined
prize fight and l believe that an oppor-
tunity has been given it to do so. Since
the amendment of the law in 1899 permit
ting 'sparring exhibitions prize fighting
under the gulse of this amendment has
greatly increased and has been tolerated in
California until today our state is a mecca
for prize fighters, much to our dscredt.
Michigan and Kansas Definitions.
our people have the right to demand
that prize fighting shall cease In this state
and it will If our present laws are enforced.
especially If our courts follow the decisions
OF the supreme courts of our sister states
in defining prize fight. In Michigan a
prize Tight exists when there is an expec-
eoAAOA VI iNh dlu " DC gained DY tile
test or competition, either to be won from
! the contestant or to be otherwise rewarded.
coupled with an intent to inflict upon sueh
| contestant some degree of bodily harm In
Kansas the supreme court held THAI the
contest must be a fight and that there
must be an intent on the part of the con-
testants to do violence to and inflict some
degree of bodily harm on each other and
| the fight much be for some prize or reward.
Other states have made similar ruling.
TO show that the 'so-called sparrng exhibit
| lions held In this state under the auspices
Of incorporated athletic clubs have nor
been sparrng exhibitions, but prize fights
l need but refer you TO the files of our
daily papers. will call your attention to
two or three of the recent ones.
Some Examples Cited,
First the Moran-McCarthy fight The
Oakland Tribune in its issue of April 30
in reporting it uses this language:
After the sixteenth round had gone
some fifty seconds, Moran landed a blow on
McCarthys jaw. II did not look TO be a
heavy punch, but the young fighter went
over backwards, his head seemingIy drons
Ping below as though his neck mad been
injured and as he struck the floor the
sound OF the impact could be heard
throughout the pavilion.
Mccarthy died.
Next the Wolgast- Nelson fight that took
place on Washingtons birthday Qt seems
that prize fighters always want to fight
ON Washington's birthday Decoration day
and Independence day., and reported in all
the daily papers of the state by rounds. 1
note from the San Francisco Chronicle OF
February 49,
Round l3-Nelson's lips were puffed and
his eyes and cheeks were swollen. They
mixed il repeatedly on the body and Jaw
with Nelson fighting wildly and splitting
blood. WolBast literally battered Nelson's
face to ribbons, bat stiil the Dane came in
for more.
Round 39-Wolgast appeared loth to put
in the finishing punch. He jabbed inces-
sanity at the battleTs anatomy and again
the blood flowed In stream Wogast al
most sent Nelson 70 the flJor, landing blow
after blow on the defens sless champions
face
I'm The same issue Of the Chronicle h a