Honolulu Republican, Volume IV, Number 506, 25 Ianuali 1902 — POLICE WILL NOT INTERFERE WITH EXHIBITION [ARTICLE]

POLICE WILL NOT INTERFERE WITH EXHIBITION

Contestants MnSt Comply With the Law as it is interpreted. mOMET GEKEBU'S OPIHIOK Tonight’s Sparring Match Must be for Points and Not for Blood. High Sheriff Brown Secures an Opinion Upon Which His Men Can Form Their Judgment—Officers Will be Present to See that Pro visions of Law Are Not Violated. The attempt to bring Territorial interference against the boxing exhibition, to be given by "Denver" Ed Smith, at the hall over the Club Stables this evening, and prevent the contest from being pulled off. met with failure yesterday. The police department was appris ed of the movement coming from certain quarters to have the affair called off. High Sheriff Brown immediately sent a request to Attorney General Dole, asking him to render an opinion upon the matter, in order that the officers might be guided in their actions thereby. Attorney General's Opinion. The Attorney General's opinion was received at the High Sheriff's office yesterday afternoon. In reference to the fight it states; Territory of Hawaii, Office of the Attorney General. Honolulu. H. 1.. Jan. 24. 1902. - Mr. A. M. Brown. High Sheriff of the Territory of Hawaii, Honolulu: Dear Sir; My attention has been called to the boxing contests advertised for tomorrow evening, with the request that such action be taken as the law authorizes. Chapter 33 of the Penal Laws of 1897 is as follows: “AFFRAY —An affray is the fight ing of two or more persons in a public place: and includes any prize fight or other prem°ditated contention where no weapons are used. Whoever takes part in it. encourages, or promotes an affray, or is willfully present as a spectator at any prize fight or other premeditated conten tion. shall be punished by fine not exceeding five hundred dollars or by imprisonment at hard labor not more than six months." Definition of an Affray. The definition of an affray given in the statute is the same as the common law definition. Wilkes v. Jackson. 2 H & M.. 355; O’Neill v. State. It? Ala, 65. The title of the chapter "Affray" restricts it. 1 think, to fighting. The words “or other premeditated contention" are clearly used for the purpose of preventing an evasion of the spirit of the law by any technical or narrow construction of the words "prize fight." Fight is Prohibited. The statute, in my opinion, does not prohibit an exhibition of strength or skill in boxing, although such exhibition may be of a somewhat rough nature. It does prohibit a contest, the nature and intent of which are to win victory bydisabling or injuring an opponent; in other words, a contest which is a fight. I think the department should not interfere with this exhibition, unless it is in the nature of a fight in which it is sought to disable or injure an opponent; but 1 think a sufficient police force in the charge of a discreet and fearless officer should be ready to stop It peremptorily in case it passes the limits permitted by law. Very truly yours. E P. DOLE. Attorney General. Ponce Will be Present, " ’Denver Ed Smith, as well as the other participants In the proposed contest, will not be interfered with by the police department tonight as long as they confine their boxing* within reasonable bounds and if. in

the opinion of the officers, there is no attempt to harm or injure an opponent.” stated High Sheriff Brown yesterday upon receipt of the opinion of the Attorney Genera! "The police department will have a capable and efficient force of officers present at the contest. - * deciar ed that offi :a! "According to their discretion, when the time arrises that they believe th** boxing has reached the danger line, the police will take prompt action and stop furtV»r proceedings among the athletes. “Prize fighting will not be permitted under any guise or subterfuge. While contestants remain within the provisions of the law. they will be permitted to proceed unmolested We do not anticipate any trouble at the contest.’’