The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-16
JEFFRIEs IS SURPRISED.
Pugiiist Greatly Disturbed Over Gov
ernor GiIIett's Action.

ton of Governor GiIlett in ordering the
big fight stopped, said:
Il can't believe it. 1 do not be-
lieve that the governor would do that
after he has repeatedly said that he
would not interfere, 1 shall continue
my training until officially informed
that the fight is off,
Jeffries appeared crestfallen when
told that there was no doubt about the
governors intention to stop the fight.
Gillett Gives His Reasons.
Governor Gillett's letter to Attorney
General Webb follows:
81 desire to call your attention to
so-called prize fight to take place on
the Fourth of July next in the city or
San Francisco between one Jim Jeffries
and Jack Johnson.
MANY complaints are received at
this Office from prominent citizens OF
this city protesting against this So
called fight and requesting that some
action be taken by the proper author
tiles to stop the same.
1.-THE district attorney of San Fran
cisco 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 en-
acted a law making it felony for two
persons to fight each other uDon
previous agreement upon wager for
money. or any other reward. This law
has been amended from time to time,
but never as to make prize fighting
lawful.
What the Law Says.
"In 1903 the legislature again
amended the law relating to prize
fighting. While the law. as amended,
permitted 'sparring exhibitions for
limited number Of rounds with gloves,
to be held by a domestic incorporated
club, it did not remove the ban. which
the laws of this state have always
placed upon prize fighting, and while
a 'sparring exhibition under certain
conditions and restrictions is permits
sible under this act, prize fight still
remains a felony.
Therefore the question arises, What
is prize fight and what is a 'sparring
exhibition?
1.-THE former is a crime. the latter
is lawful 1t is asserted by many that
the contest soon to take place between
Jeffries and johnson is to be a prize
law, and therefore crime under our
statutes.
Punished If Carried Out.
eff this is true, it should be prevent
ed, but If carried out, the interested
parties should be punished as proyid-
ed by law.
st believe that you should investi-
gate the matter and take such legal
steps as may be. proper, in your judg-
ment if warranted by the facts. in pre-
senting 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 de-
fined a prize fight, and believe that
an opportunity should be given 1t to
do so. Since the amendment of the
law in 1899 permitting 'sparring ex-
hibitions' prize fighting, under the
guise of this amendment has greatly
increased and has been tolerated in
90 fofn &c
mecca for prize lighters, much to our
discredit sps
"Our people have the right to de-
mand 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 su-
preme courts of our sister states in de-
filming prize fight.
Kansas and Michigan Cited.
''In Michigan prize fight exists
when there is AN expectation of re-
ward to be gained by the contest or
competition, either to be won from the
contestant or to be otherwise reward
ed. coupled with an intent to inf1ict
upon such contestant some degree of
bodily harm In Kansas the supreme
court held that the contest must be a
fight and that there must be an intent
on the part of the contestants to do
violence to and infiict some degree of
fight must be for some prize or re-
ward.
eff 'sparring exhibitions as permit
ted by our laws make fights where
men are killed, beaten into insensibil-
ity and their faces cut to ribbons are
lawful acts, then it is time that the
legislature should interfere and make
such exhibitions a felony. Such con-
tests are prize fights not permitted by
the law and should be punished as
such. Those who engage in them are
prize fighters and make their living by
fighting each other for prizes or re-
wards.
Demoralizing to Young Men.
'"The whole business is demoralizing
to the youth of our state. corruptS
public morals, is offensive to the senses
OF a great majority of our citizens and
should be abated as a public nuisance
and the offenders punished.
"If the court upon your petition re-
fuses to grant the relief prayed for
therein and permits the parties inter
ested to proceed as advertised by them,
then I desire you, on behalf of the
people of the state, to gather all evi-
dence possible. and If the contest is
carried out as advertised and the par
ties fight for purse or for reward
and inf1ict upon each other bodily in
jury, then you are to cause the arrest
of the principals and those interested
WITH IneIl III promoting tno lISHL anu
try them on a felony charge for vio-
lating section 412 of the penal CODE"
After New York Sheriff.
Einira, N. Y. June Ex-Governor
Hughes has been formally asked by a
committee of citizens to remove Sher-
iff L. Stanley Day of Chemung coun-
ty from Office on charges alleging that
professional baseball games are per-
mitted on Sunday at Elmira. Governor
Hughes has served a copy of the
charges on the sheriff with request
f an answer within a week.
Signs Three Racing Bills.