The San Francisco call., 1910-06-16


either of the contestants receives any
prize or award, or if one is knocked
out or injured, then to invoke the
criminal statute and have them ar
rested under the provisions of section
412 of the penal code. The penalty
for the violation of this is a fine of not
less than 81 900 and Imprisonment in
the penitentiary of not less than one
year, nor more than three.
The reason for the governor taking
such a step at this late hour mystified
the promoters. Tex Rickard when in
formed of the situation was intensely
angry.
I am sick and tired of all this" he
said. They Will have to settle it one
way or the other" His original dec
laration was that unless he was given
definite understanding by nightfall
he would close with one of the out
standing offers from other cities. After
a long conference with Attorney Gen
eral Webb, however, he decided to wait
until the latter was able to give a def
mite and final word on the matter.
THREE DAYS GRACE
The attorney general" said Rickard.
told me that within three days he
would let me know definitely what
action he proposed to take. If ii is his
intention to oppose us then we will
have the fight in either Reno, Ely or
Salt Lake City"
John ]. Gleason treated the COVER
nor's letter fippantly. Il do not an
ticipate trouble" he remarked I'VE
are within the law and that is all there
is to the matter"
Johnson, the champion. was the least
perturbed. Il training to fight
TnH ~
whether 1 fight him in California, Ne
vada or on top of a gas jet"
While Governor Gillett is anxious and
eager TO push the action in the superior
courts and settle it definitely by in
junction proceedings. there is consider
able doubt in legal minds as to whether
such procedure will be applicable in
this instance. The governor, evidently
cogniZant of the doubt provides for
failure along this line by commanding
Webb to take advantage of section 412
of the penal code prohibiting prize
fighting. The text of ii is as follows
Any person who engages in, insti-
gates, aids, encourages or does any act
to further contention or fight. com
monty called a ring or prize fight, shall
be guilty of felony and upon con-
viction shall be fined not less than
$1,000, nor more than $4,000 and be i'm
prisoned in the state prison not less
than one year nor more than three
years; provided. however, that spar
ring exhibitions not to exceed limited
number of rounds may be held by
domestic Incorporated club
PROMOTERS HESITATE
In the face Of the severe penalty
there is a natural hesitancy on the part
of the promoters to run the risk of
arrest and possible conviction. On the
other hand all arrangements for the
fight have been completed, large sums
of money have been expended here
the work Of building the arena is well
nigh completed and they do not like
the idea OF giving up all their labor
and starting afresh in other fields
Governor Gillett in his letter dis
cussed the situation at length and it
was evident that, since returning from
the east he had devoted much time to
examining the law on the matter and
familiarizing himself with present con-
ditons Of the prize ring. The letter
was as follows:
Hon. Z. S. Webb, Attorney Cen
eraI San Francisco. Cal.-Dear
sir: l 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 be-
tween one Jim Jeffries and one
Jack Johnson.
Many complaints are received al
this Office from prominent citizens
of the state protesting against the
so called fight and requesting that