Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1912-05-13
Attorney General Clancy De-
livers Opinion That Present
Statutes DO Not Cover Pro-
posed Pugilistic Contest.
FIGHT TO BE UNLAWFUL
MUST DISTURB PEACE
Opinion Hailed as Victory by
Men Behind Affair who Be-
lieve Legislature Will Be
POwerless to Prevent It.

Especial Telegram 60 Evening IlcraIdl
Santa Fe, n. NJ. May lS.-F W.
Clancy the attorney general. today
rendered an opinion In which he holds
that there Is no law 10 prevent the
Joenson-Flynn fight al Las Vegas and
that he finds only one section Of the
compiled laws OF 1897 that In any
manner touches upon the situation
The opinion Is In reply 20 letter
from Charles w. G. ward, district at
torney Of San Miguel county, who ad-
vances the same opinion. Mr.. Clancys
statement Is as follows:
'You say that you nave been asked
by opponents Of the proposed Johnson
Flynn prize fight al Las Vegas. ana
also by those who favor having that
fight, whether or not there are any
laws on the statue books OF New Mex
leo 70 make such a contest Illegal,
and that You have expressed the
opinion that al the present time there
Is no saoh statute IN New Mexico and
you ask me 10 give YOU my opinion
on this question am compelled to
say that believe yon are correct In
the opinion which YOU have adgaced
and that, ns YOU say, The only statuta
affecting the subject IL 10 be found IN
Section i404 OF the Compiled LRws Of
1897. That section reads as follOwa:
''Il two or more persons, volun-
taTily, or By agreement, engage IN
any fight or use any blows or
violence towards each other in an
angry or quarrclsOgse manner In
any public place to the disturb
ance OF others, they are guilty Of
affray and shall be punished BY
imprisonment In the county jail
not exceeding three months or by
a fine not exceeding fifty dollars"
If this section had merely provided
that II persons voluntarily or by
agreement should engage In a fight or
thar they should use blows or violence
toward each other and stopped there
with the definition OF the offense, Il
might De equivalent 10 q prize fight
But the added clauses show distinctly
that the legislative intent was 70 pun
ish conduct OF this kind In a public
place where II might dlstnrbe other
persons. The words. In any public
place 10 the disturbance OF others, In
dicates the essential ingredient OF the
offense. Il might reasonably be con-
tended that a house, theater or en-
clored arena where a prize fight takes
place. Is within the meaning of the !
statute, i public place, but those OF
the members Of the public who would /
be disturbed By any such exhibition |
are under no obligation TO attend, |
Aud those who are willing Ia witness
such performances certainly are not |
persons who would be disturbed there.
by. Such disturbance of others as
may he occaslonod II the proposed |
fight takes place will not be from the
engaging Of the two principals In the
fight. but as ia urged bg those who
oppose exhibitions OF professional
pngillate. the disturbance annoyance
and injury. VIII come from the CON
gre8atl0n Of large numbers OF unde-
slrable classea whose presence In the
town and whose ianuence Will be ol
a demoralking and pernicious char
acter II there we're m stasvioTy defi-
milton whatever Of what constitutes an
afirdy there would be more room 10
contend that the proposed fight would
be a violation Of law than there Is IN
the presence OF such statute rs the
one above quoted hut the Legislature
having given this statutory definition
4 must be held that any other is ex-
cludod. II public sentiment Is OPP
posed 10 these exhibitions. the remedy
must bo supplied hy the people.
through their representatives In the
legislature In very distinct and unmis-
taxable statutory prohibition"
This opinion BY the attorney gem
eral u believed by the advocates OF
she Iohnson-Fiynn fight to set at rest
al doubl AZ 20 the authority OF any
of the officials 10 stop the fight TIE
indications now are that the Trip
prize fight bin. which would make the
johnson n-flynn contest possible, viii
NOT have % be passed In Ordee FOR the
big fight 20 be held. The Trlpp blli
ie still pending IN a senate committee
and there II no telling when Il win be
reported out n no prize fight lcgla-
iatlon . passed the fight enthusiasts
claim there viii be nothing on the
statute books t0 prevent prize fight
Lieutenant Governor ". &. De naca
has received telegram that his
mother. Eaioiana DelgadO de naca.
lG years old. Is az the point of death
at fhelr home ln las Vegas He VIII
leave on The first train for Las Vegas.
AZ Mr. Mlera president pro ttm-
porf ol the senate. N not here. n Wlll
~ feeeaaarl for tho senate 10 elect