The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1910-09-15
HOLDS STATE LAW IS PLAIN
Law Making Tt Impossible To Hold
Fights is Construed To Cover the
Showing of Pictures of Battles in the
State.

bnOWn III the SGdGe OF Wisconsin,.
That is the substance of the decision
handed down Thursday morning by
Circuit Court Judge Warren 7. Tarrant
Df Milwaukee permanenting the inj inc
tion Of restraining the exhibition in
West >Allis of moving pictures of the
JeHries% y ohnson battle N Reno OIL July
B..
The decision was not q lengthy one,
fudge Tarrant holding that the plain
tiff Lad made cut prime facie case en-
titling him and those associated with
him to relief.
The injunction was therefore contin-
ned, pending further order from the
court, and the bond of the plaintiff,
how fixed at 5000, was ordered in
creased. The amount of the increased
bond required will be fixed on Friday.
The decision of Judge Tarrant is bas-
I'd on the Wisconsin statutes prohibit
ing prize-fght; moving pictures are tan
tamount to a violation of this statute.
The statute in question, No. 1920,
reads as follows.
Any person who shall by previous
arrangement or appointment, engage In
fight with another person, for the
possession of any prize, belt, or \otbor
evidence of championship, or for any
Npther cause, shall be punished by i'm
prisonment in the state prison not
! more than five years nor less than one
year, or by fine not exceeding $1,000
nor less than 800
Quoted under this section is a deci,
sion in Sullivan VS., the state, 67 Missis-
Bippi SAG, Southern Reporter 275,
which holds that:
The fighting which is intended to be
prohibited is that which is public in
character and tends to disturb the
peace and quiet of the community in
which it occurs. se
The succeeding sections in the Wis
punishable by Imprisonment or fine to
copsin statutes make it an offense
aid or abet any prize fight, "aid, sec
ond, or surgeon, or to encourage,
advise or promote" such fight.
Section 1922 makes it an offense, pun.
ishable by Imprisonment or fine, for
"any person being an inhabitant or
resident of this state" to-, by previous
arrangement or appointment made with
an the state "leave this state and en-
gage in a fight with another person
without the limits of the state. 4" This
Is punishable by Imprisonment for not
less than one year in the county jail,
or by fine not exceeding 81 1000
The three statutes summarized above
are the three governing the prize fight
question in Wisconsin, and it was I'M
der them that Judge Tarrant held that
the exhibition of the pictures should
not be allowed.
4 The action on which Judge Tarrant
handed down his decision was brought
by George N. Clarke, an alderman of
West Allis; George Leonard, Henry
Biebel, B. McQuillen, Abraham LIE
Feber Joseph Moore, w. r. McKowen,
DR., James f, Malone, L. Lindberg, P.
Smith, G johnson, L. Larson, and John
Brown. The defendants in the action
were L, H. Strassburger, M. 0. Driscoll
ami H. Voelz
1t was set up by the compliments
that the defendants erected, or caused
to be erected wooden building measur-
ing 40 by 100 feet, on Greenfield avenue
in the city of West Allis, and that in
this building the defendants proposed
to show moving pictures of the Jeffries.
johnson prize fight in Reno. The ex-
hibitions were to continue for fifteen
days.
~ There is an ordinance in West Allis
against the exhibition of ''lewd or i'm
moral pictures, and under this ordi-
nance, the compliments averred, the
prize fight pictures could not be shown,
THE plaintiffs holding that the pictures
come under the class prohibited by the
Ordinance.
An affidavit was also submitted
sworn to by Theodore Tucker, West Al
lis, stating that Mayor Frank Walsh.
in the presence of George NJ. Leonard,
George Clarke, Henry Freeman, Lewis
oHaertel and others, declined to make
any move in the matter, holding that
he was without power to do so and
that he would not stop the exhibition
even if he were able to do it.
On Saturday the complainants ap-
peared before Judge Tarrant and Sc
cured Temporary injunction restrain
ing the exhibition of the pictures. 1t
was made returnable on Monday.
Although strictly speaking Judge
Tarrant's decision affected only the
specific case before him, inasmdch as
he prohibited the exhibition Of the
pictures under a state statute and not
under the provision of a West Allis or
dinance, it is generally held by attor-