Evening journal., 1912-03-30
MAY REVIVE
BOXING GAME
MIR. Hastings Believes Sport
is Lawful Without Prizes
or Bruises
ALL DEPENDS ON
CONDITIONS OF EXHIBITIONS

An opinion on the question Of box
ing, an issue between the members
Of the Organized Militia Of Delaware
and the police, was sent to the Police
Commissioners by City Solicitor Dam
iel O. Hastings yesterday afternoon.
The city solicitors opinion in few
words is to the effect that as long as
two men are not contesting for a prize
and are not striving to infiict injury
upon each other neither the police nor
any other city or state authority have
the right to interfere or stop the
0outs as there is no violation Of the
law and therefore such bouts can
not be regarded as misdemeanors or
crime.
The opinion was the outcome of
conference the members of the ath-
letic committee of the Organized
Militia of Delaware had with the Po-
lce Commissioners, a short time ago
The latter contended that boxing ex-
hihitions under the law. were not
legal. The militiamen then took the
matter before AttOrney-General Gray
and City solicitor Hastings, and the
opinion given by Mr. Hastings is the.
outcome OF their joint deliberations.
The three commissioners of the
Police Board went over the opinion
yesterday afternoon and with them
were Col George w. Sparks, MEM
Der of Governor Pennewills stan, and
of the athletic committee of the mill
tia
The commissioners still hold to the
opinion that any two men who geI
into a prize ring and exchange blows
and who arc paid for their services
either by a prize or reimbursed from
the proceeds at the door, are particl-
pating i'm a fight contrary to the law.
They did not think Mr. Hastings
opinion was quite clear Col. Sparks,
however was Of the opinion that moth
ing could be clearer.
Just what will be done is not known
but it was said that a boxing eXhi-
bition with other athletic events, will
be given at the armory when the new
apparatus, the gift of General T.
Coleman dupont, is formally turned
over to the militia.
City Solicitor Hastings opinion fol-
lows:
Mr.. George w Sparks. member of
the Athletic Committee of the Organ
lied Militia. called on me few days
ago, and asked my opinion concerning
certain sparring exhibitions which the
association desires to give, stating 70
me az the time that he had been re-
ferred to me by your commission.
Il assume the object of both the
committee and the commission is &c
ascertain what the law is upon this
subject 1t is not a new subject, as
is evidenced by the several opinions
handed to Mr.. Sparks by you. II d
a difficult task. however. to write al
opinion upon this question that viii
not be a subject of dispute as TO wha
is really meant
"The chief thing TO be determined
i'm what the association terms spar
ring or boxing contests, is whether o
not they constitute "A fight betweel
men. If it is a fight, it is a crim'
at common law and is punishable IA
such If it is a prize fight. it is
crime under our statute. The onl,
difference between the two is that II
the former it is not necessary tha
there be a prize, while in the latte
a prize or reward is necessary.
seems to me, therefore. hardly neces
sary to say what constitutes a prize
because if there is fight il is agains
the law Il takes very little, how
ever, to constitute a prize or reward
If money or anything of value is give
to the contestants or either of them
II constitutes a prize and it make
little or no difference how or b,
whom it is given
"The decision Of the Supreme Cour
Of Kansas in the case Of State VS.
Purtell. decided on February s. 1896
contains about as much information
as ] could give upon the subject. TIL,
case was an appeal and the court con
siders the instructions given by tn
court below and says:
"The court instructed the jury tha
the word prize fight as used in tn
statute means fight or physical con
test between two parties for a priz
or reward; and this phrase fight o
physical contest or the expression figh
or contest is repeated many time
in the instructions. BY this the couT
gave the jury to understand that
need not be fight. but that physi
cal contest for a prize or reward wa
punishable under the statute. This
not the law. There are many physica
contests which are not only punish
able. but altogether permissible
was conceded that the defendants Ell
gagged in a physical contest. II wa
oven conceded that they engaged in
soxing match, but it was not admit
eed that they fought It is fight onl
that the statute reaches. Wrestling
fencing, boxing and numberless othe
matches in which the physical power
are employed by men in friendly col
test with each other, arc not punisf
able II must be a fight The wor
fight implies a purpose to use violenC
for the purpose of inhicting injury
and the jury alone had the right
determine whether tho defendants.
fact engaged in fight or merely a
innocent contest, with no purpose
infict injury on each other. Whetl
er the gloves used were such Z
rendered it improbable that the col
testants could infiict injury on eaC
other, or we're put on as a mere su
terfuge. to disguise a fight. was f
the jury to determine We think tn
part of the instructions with refe
ence TO the prize or reward substa
tally correct. and that It makes !
difference whether the prize or rewai
Is to be won by the successful co
testant from the other, or TO be awar
I'd by a third party.
Nor do we deem II indispensable IN
the prize or reward should be Civ
to the successful contestant alol
though there must be a prize TO
gained by the contest The evil ,
-. fDI hts hn CT